For City Council Meeting December 10, 2024
TO: Honorable Mayor and City Council
APPROVAL: G. Michael Milhiser, Interim City Manager
FROM: Colby Cataldi, Director of Community Development
Title
City Council to Consider its Previous Action on the Appeal of the Planning Commission’s Decision to Approve Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, Precise Plan of Design No. 2023-0018, and an Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022).
(ACTION)
Body
RECOMMENDATION
Staff recommends City Council either:
1. Adopt the attached Resolution No. 8311 (Exhibit A) upholding the Appeal dated August 21, 2024 and reversing 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; or
2. Rescind and vacate City Council’s previous vote to Uphold the Appeal and schedule a new public hearing to reconsider the Appeal dated August 21, 2024 of 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.
BACKGROUND
Tentative Parcel Map No. 2023-0001, Conditional Development Permit No. 2023-0011, Precise Plan of Design No. 2023-0018, and Environmental Assessment Review No. 2023-0022 shall hereinafter be referred to as “Project” or “project”.
On August 7, 2024, the Planning Commission voted 3-1 (1 abstention and 2 vacancies) to approve Tentative Parcel Map No. 2023-0001 (TPM 20853), Conditional Development Permit No. 2023-0011, Precise Plan of Design No. 2023-0018, and the associated Addendum to the Environmental Impact Report for the Rialto Airport Specific Plan (Environmental Assessment Review No. 2023-0022) (“Project”). On August 21, 2024, Ana Gonzalez, Executive Director at the Center for Community Action and Environmental Justice, filed an Appeal Form requesting that the City Council consider the project and overturn the Planning Commission’s decision.
On September 24, 2024, the City Council held a public hearing and considered oral and written testimony for the Appeal of the project. After further discussion, the City Council voted 5-0 to continue the public hearing to November 12, 2024. On November 12, 2024, the City Council continued the public hearing and considered additional oral and written testimony from the staff, Applicant, Appellant, and the public, and closed the public hearing. After further discussion, the City Council voted 5-0 to uphold the Appeal and reverse the previous decision of the Planning Commission, thereby disapproving the project.
A Resolution (Exhibit A) has been drafted for consideration to formalize the decision made by the City Council on November 12, 2024. Alternatively, the City Council may also consider to rescind and vacate the previous vote to uphold the Appeal and schedule a new public hearing to consider the Appeal.
ENVIRONMENTAL IMPACT
Adoption of a resolution formalizing the decision made by the City Council on November 12, 2024 or scheduling a new public hearing is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
Approval of this action complies with the following:
Our City government will lead by example and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney has reviewed and approved the staff report and the attached resolution.
FINANCIAL IMPACT
There is no financial impact with either Council action.