For City Council Meeting [September 28, 2021]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Daniel Casey, Acting Community Development Manager
Title
Request City Council to Adopt Resolution No. 7776 Authorizing the City Manager's Approval of a Fee Deferral Agreement of Development Impact Fees and Traffic Fair Share Fees to be Paid by Beyond Food Mart, Inc. Related to Precise Plan of Design No. 2018-0036.
(ACTION)
Body
BACKGROUND:
On September 10, 2013, the City Council adopted Ordinance No. 1532, which replaced Chapters 3.34, 3.36, 3.40, 3.44, 3.48, 3.52, 3.56, 3.60, 3.64, 3.68, and 3.72 of the Rialto Municipal Code (RMC) and added a new Chapter (3.33 related to the imposition of Development Impact Fees (DIF) on new development projects.
Ordinance 1532 added Section 3.33.070(C) of the RMC, which requires non-residential projects to pay the DIF on "the date of issuance of the first building permit..., but before the building permit is issued unless otherwise modified by a Construction In-Lieu Agreement, Development Agreement or a Fee Deferral Agreement."
Precise Plan of Design No. 2018-0036
On August 21, 2019, the City's Development Review Committee approved Precise Plan of Design No. 2018-0036 for Beyond Food Mart, Inc. allowing the development of a vehicle fuel station consisting of a 5,240 square foot canopy with sixteen (16) fuel dispensers, a 7,250 square foot convenience market, and three (3) diesel dispensers (the "Project"), on 2.06 acres of land (APN: 0258-131-36) located at the southeast corner of Riverside Avenue and Santa Ana Avenue, generally shown in Figure 1 on the next page.
A copy of the approval letter for Precise Plan of Design No. 2018-0036 is attached hereto as Exhibit A.
Condition of Approval No. 37 of Precise Plan of Design No. 2018-0036 requires the payment DIF for the Project in accordance with Chapter 3.33 of the RMC, and Condition of Approval No. 96 requires the payment of Traffic Fair Sh...
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