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 Set a Public Hearing for October 12, 2021 to consider an appeal of the Planning Commission’s decision to deny Conditional Development Permit No. 2020-0020 and Precise Plan of Design No. 2020-0026, a request to allow the development and operation of a 47,609 square foot truck terminal and storage warehouse/distribution center, and associated paving, landscaping, fencing, lighting, and drainage improvements on 12.72 gross acres (11.80 net acres) of land (APNs: 0258-011-01, -09, & -10) located between Cactus Avenue and Lilac Avenue approximately 625 feet south of Slover Avenue within the Light Industrial (M-1) zone and the Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan.
Body
APPLICANT:
Dedeaux Properties, LLC, 100 Wilshire Boulevard, Suite 250, Santa Monica, CA 90401.
LOCATION:
The project site consists of three (3) parcels of land (APNs: 0258-011-01, -09, & -10) located between Cactus Avenue and Lilac Avenue approximately 625 feet south of Slover Avenue (Refer to the attached Location Map (Exhibit A).
BACKGROUND:
Conditional Development Permit No. 2020-0020, Precise Plan of Design No. 2020-0026, and Environmental Assessment Review No. 2020-0024 shall hereinafter be referred to as “Project” or “project”.
Planning Commission Action
On July 28, 2021, the Planning Commission considered the project during a regularly scheduled public meeting. After closing the public hearing, the Planning Commission voted to deny the project by a 4-2 vote (one absent), and directed staff to prepare a denial resolution for adoption.
On August 11, 2021, the Planning Commission voted 4-2 (1 abstention) to adopt Planning Commission Resolution No. 2021-38 formally denying Conditional Development Permit No. 2020-0020, Precise Plan of Design No. 2020-0026, and the associated Mitigated Negative Declaration. A copy of Planning Commission Resolution No. 2021-38 is attached as Exhibit B.
Appeal
On August 18, 2021, the applicant filed an Appeal with the City Clerk’s office, in accordance with Chapter 18.68 (Appeals) of the Rialto Municipal Code. A copy of the applicant’s Appeal form is attached as Exhibit C. The applicant’s appeal seeks to have the City Council consider the project and overturn the Planning Commission’s decision.
ANALYSIS/DISCUSSION:
In accordance with Section 18.68.050 of the Rialto Municipal Code, upon receipt of an appeal, the City Council is to set the matter for public hearing. A more comprehensive staff report will follow once the hearing has been set.
ENVIRONMENTAL IMPACT:
A Mitigated Negative Declaration (Environmental Assessment Review No. 2020-0024) has been prepared for consideration in conjunction with the project.
LEGAL REVIEW:
The City Attorney has reviewed and approved the staff report and the attached Notice of Public Hearing (Exhibit D).
RECOMMENDATION:
In accordance with the Appeal process provided in Section 18.68.050 of the Rialto Municipal Code, Staff recommends that the City Council set a Public Hearing for October 12, 2021, to consider an appeal of the Planning Commission’s decision to deny Conditional Development Permit No. 2020-0020 and Precise Plan of Design No. 2020-0026, a request to allow the development and operation of a 47,609 square foot truck terminal and storage warehouse/distribution center, and associated paving, landscaping, fencing, lighting, and drainage improvements on 12.72 gross acres (11.80 net acres) of land (APNs: 0258-011-01, -09, & -10) located between Cactus Avenue and Lilac Avenue approximately 625 feet south of Slover Avenue within the Light Industrial (M-1) zone and the Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan.