City of Rialto
Legislation Text
File #: 22-1082, Version: 1, Agenda #: TAB3
For City Council Meeting [December 13, 2022]
TO: Honorable Mayor and City Council
APPROVAL: Marcus Fuller, City Manager
FROM: Eric Vail, City Attorney
Paul Gonzales, Community Development Manager
Request City Council to Conduct a Public Hearing, Consider, and Adopt Interim Urgency Ordinance No. 1674 entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RIALTO, CALIFORNIA, PROHIBITING THE ESTABLISHMENT AND/OR EXPANSION OF
OUTDOOR STORAGE USES FOR TRAILERS AND/OR TRUCK YARD USES IN THE CITY OF RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by Title Only and Declaring the Urgency Thereof. (ACTION) 4/5th Vote Required
BACKGROUND
The outdoor storage of trailers and trucking yards are supporting uses for the industrial commerce industry in the City of Rialto. With the consistent influx of industrial buildings into the City for the past 15 years, the City has seen more requests for these types of uses. On January 26, 2021, the City Council adopted the Outdoor Storage Yard Ordinance No. 1654 (Zoning Code Amendment No. 2020- 004) to regulate truck parking and outdoor storage yards related to industrial developments. The regulations are found in Chapter 18.104 of the Rialto Municipal Code.
Regulations for Outdoor Storage Uses
After revisiting and analyzing the existing outdoor storage yard standards in Chapter 18 of the Municipal Code, additional zoning regulations for outdoor storage uses were evaluated by the City Council and adopted on January 26, 2021, pursuant to Ordinance No. 1654 (see Attachment 1).
The definitions for “outdoorstorage use”and “truckyards”that currently allow for the storage of both trucks and trailers on properties within the City with approval of a discretionary entitlement via the Conditional Development Permit (CDP) process through the Planning Commission. The definitions of outdoor storage use and truck yard are listed below.
18.104.015 - Definitions
“Outdoor storage use”means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. “Truck yard”is a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping motor trucks, tractors, bobtails, and associated equipment together with or without facilities City of Rialto Printed on 12/8/2022Page 1 of 4
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motor trucks, tractors, bobtails, and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews.
Outdoor Storage Uses and Truck Yard are allowed in the Light Industrial and General Industrial zones City wide and within the Industrial planning areas in the different Specific Plans, excluding the Renaissance Specific Plan or the Gateway Specific Plan, where they are expressly prohibited.
It is important to note, warehouses with or without outdoor truck bays are not regulated as Outdoor Storage Uses or Truck Yards as they are classified under a separate warehouse use pursuant to the “Indoor Storage Uses” development regulations under Chapter 18.112 of the Rialto Municipal Code.
Below is a summary of the requirements included in the adopted Ordinance 1654 for outdoor storage uses:
• Process: Conditional Development Permit (CDP) required for outdoor storage truck yard uses. • Locational Requirements: Prohibits truck yards adjacent to residences, schools, parks, and open space.
• Truck Routing: Truck route plan required to avoid traveling past residences, schools, parks, and open space to the greatest extent feasible.
• Building and Site Design: Buildings associated with outdoor storage uses must comply with the City’s Design Guidelines, including paving for drive aisles and parking/storage areas. • Screening: Screening of stored items, including eight (8) to fourteen (14) foot minimum decorative walls along street frontages outside required front and side yard setbacks. • Parking and Access: On-site parking and stacking/queuing required. • Landscaping: Landscaping required in parkway and visible to the public. • Security: On-site lighting and security cameras that are connected to the City’slaw enforcement system.
• Maintenance: Anti-graffiti wall treatments or equivalent measures.
Exemptions: Exemptions for uses that rely on the outdoor display of goods such as vehicle, boat, and recreational vehicle dealerships and temporary seasonal displays and uses (e.g., Christmas tree lots, overflow merchandise storage, etc.).
ANALYSIS/DISCUSSION
Since the adoption of the revised outdoor storage facilities Ordinance 1654, staff has received three (3) applications for these uses. Additionally, there are currently three (3) sites operating without the benefit of permit that are currently under Community Compliance action. Ordinance No. 1654 contains development standards that were adopted to reduce exposure of residential neighborhoods from the disruption and potentially negative effects of distribution and truck traffic, but the nonpermitted uses are not following these regulations. The nonpermitted outdoor storage yards have caused concern for residents of the City, as these uses continue to increase throughout the City and are located on sites that are unimproved resulting in public health, and safety impacts caused by congestion, dust, parking, poor air quality, and site degradation.
Interim Moratorium
At the November 15, 2022, regularly scheduled City Council meeting, the City Council directed staff to schedule this item for a public hearing for an urgency ordinance.
City staff, the Planning Commission, and the City Council each require a reasonable period of time to City of Rialto Printed on 12/8/2022Page 2 of 4
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City staff, the Planning Commission, and the City Council each require a reasonable period of time to further study the outdoor storage of trailers use and determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City.
In such a circumstance, the City Council may adopt an interim urgency ordinance (Attachment 2) prohibiting outdoor storage of trailers and trucking yards that may conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying within a reasonable time. By adopting a moratorium on outdoor storage of trailers and trucking yards, the City would prohibit the establishment and/or expansion of outdoor storage uses and/or truck yard uses for a period of 45 days in the City.
Upon adoption of the interim urgency ordinance, the moratorium will take effect immediately and be in effect for forty-five (45) days from the date of its adoption. This moratorium would continue in effect for forty-five (45) days from the date of its adoption and would thereafter be of no further force and effect, unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends the moratorium for an additional period of time pursuant to Government Code 65858. Thereafter, the City may extend the moratorium for up to twenty-two (22) months.
During the period of this moratorium, and any extension thereof, the City Manager would review and consider options for the regulation of outdoor storage of trailers and trucking yards and will issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. This would be presented to the City Council ten (10) days prior to the expiration of this moratorium, or any extension thereof, and be made available to the public.
The interim ordinance refers to “outdoorstorage of trailers”and “truckyards”.The storage of trailers has been problematic as nonpermitted truck yards actively move trucks and trailers on and off sites on unimproved lots. The moratorium will prohibit the establishment and/or expansion of outdoor storage uses and/or truck yard uses.
The moratorium shall refer to Outdoor Storage Facilities specific to “trailer storage” and “new truck yards”. Existing and proposed warehouses with ancillary truck bays are not considered outdoor storage or truck yards and shall not be interpreted to be.
ENVIRONMENTAL IMPACT
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the interim urgency ordinance is not subject to CEQA because the project will not have a significant effect or physical change to the environment.
GENERAL PLAN CONSISTENCY
The proposed moratorium is consistent with the following guiding principles and policies contained in the General Plan:
Guiding Principals
· Essential community services and amenities must meet the needs and desires of our families. · The quality and standards of our streetscapes and public spaces will reflect the high quality new City of Rialto Printed on 12/8/2022Page 3 of 4
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development we require.
· Infrastructure keeps pace with our growth.
Approval of this action also complies with the following City of Rialto General Plan Goals and Policies:
Goal 3-6: Require that all developed areas within Rialto are adequately served with essential public services and infrastructure.
Policy 3-6.3: Require an increasing level of public safety infrastructure and service capability tied to population increase and increasing service demand.
Policy 4-10.4: Encourage the development of adequate on-site loading areas to minimize interference of truck loading activities with efficient traffic circulation on adjacent roadways.
LEGAL REVIEW
The City Attorney has reviewed and recommends approval of this staff report and Interim Urgency Ordinance.
FINANCIAL IMPACT
Operating Budget Impact
There will be nominal costs to implement the Interim Urgency Ordinance and prepare the required analysis. As discussed, a written report would be provided prior to the expiration of the moratorium.
Any costs are already appropriated and available in the adopted budget.
Capital Improvement Budget Impact
No impact.
Licensing
A Business License application and payment of a Business License tax is not required for this action.
RECOMMENDATION
Staff recommends that the City Council conduct a Public Hearing, consider, and adopt Interim Urgency Ordinance No. 1674 entitled “AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, PROHIBITING THE ESTABLISHMENT
AND/OR EXPANSION OF OUTDOOR STORAGE USES AND/OR TRUCK YARD USES IN THE CITY OF RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW” Reading by Title Only and Declaring the Urgency Thereof.
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01180.0005/303655.2
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ORDINANCE NO. 1654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF RIALTO, CALIFORNIA, AMENDING CHAPTER 18.104
AND RELATED SECTIONS OF THE RIALTO MUNICIPAL
CODE RELATED TO OUTDOOR STORAGE USES
WHEREAS, Chapter 18.104 of the Rialto Municipal Code establishes requirements for the outdoor storage of goods, materials, machines, vehicles, trailers, and other equipment; and WHEREAS, the City Council desires to amend the Rialto Municipal Code to modify and clarify development standards for outdoor storage uses; and WHEREAS, the City Council desires to promote economic vitality and sustainability of businesses within the community, while still protecting the general health, safety, and welfare of the public, by regulating outdoor storage uses; and
WHEREAS, on December 9, 2020, the Planning Commission held a public hearing on Zoning Code Amendment 20-004, an amendment to Title 18 of the Rialto Municipal Code to modify and clarify development standards for outdoor storage uses, where it heard testimony and discussed the Ordinance and recommended to the City Council approval of the same.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO FINDS AND ORDAINS AS FOLLOWS:
Section 1. The above recitals set forth above are all true and correct and incorporated herein.
Section 2 . The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15378 of the California Environmental Quality Act, 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. A project does not include changes to development standards that will not result in direct or indirect physi cal changes in the environment. The Planning Division will file a Notice DocuSign Envelope ID: 437DB6D1-4936-433C-9D56-7B3E2D98D7EC 1 2
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of Exemption with the Clerk of the Board of San Bernardino County in accordance with CEQA upon adoption of the Ordinance.
Section 3. Chapter 18.104 [Outdoor Storage Uses] of the Ri alto Municipal Code is hereby amended to read as follows with underlined text representing additions and stricken text representing deletions:
Chapter 18.104 – Outdoor Storage Uses
18.104.010 - Purpose
This section establishes requirements for the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. The purpose of these regulations is to provide adequate and convenient areas for outdoor storage and display of materials, merchandise, and equipment in industrial zones. The intent of these regulations is to minimize visual impacts to adjacent properties and public rights-of-way and to protect public health, safety and welfare due to the over development of these storage intensive facilities within the City of Rialto by controlling the number, size, and location of these facilities .
18.104.015 - Definitions
A. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
1. “Outdoor storage use” means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment.
2. “Truck yard” is a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping motor trucks, tractors, bobtails, and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews.
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18.104.020 - Applicability
The requirements of this chapter shall apply to the establishment or modification of all outdoor storage in zoning districts in which the use is permitted, pursuant to Section 18.66.030 . This chapter shall not apply to outdoor storage uses that are incidental or ancillary to other primary uses on the same property as defined by Section 18.04.040 of the Rialto Municipal Code or to existing uses or pending applications as of the effective date of the ordinance codified in this chapter. The continuation of existing outdoor storage uses shall be subject to the regulations and guidelines of Chapter 18.60, Non-conforming Uses of the Rialto Municipal Code .
18.104.025 - Locational Provisions
A. Subject to the limitations of this chapter, outdoor storage uses, including truck yards, may be established, subject to Planning Commission approval of a conditional development permit, within the following zones, consistent with Section 18.66.030:
1. Light Industrial (M-1) zone
2. General Manufacturing (M-2) zone
3. General Manufacturing (I-GM) zone of the Rialto Airport Specific Plan
4. Medium Industrial (M-IND) zone of the Agua Mansa Specific Plan
5. Heavy Industrial (H-IND) zone of the Agua Mansa Specific Plan B. Truck yards shall not be located adjacent to or across a street or intersection from residentially zoned or used land, public and private schools, public parks and open space intended for public park and recreational use.
18.104.030 - Development Performance Standards.
A. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings structures, walls, and fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view from non-industrialized areas at an elevation of five feet above the grade of all abutting properties and rights-of-way.
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B. Access gates and doors may be constructed of open wrought iron if a perforated metal screen or other durable material is incorporated into the design that obscures views through the gate.
C. The screen wall shall not be located within any required front yard or street side yard setback area.
D. A landscaped area with a minimum dimension of ten feet shall be provided in front of each wall if no landscape setback is otherwise required by the zone in which it is located.
E. Outdoor storage areas shall not be visible from public streets, freeways, residential district, public open space intended for public park and recreational use area, parking area, access driveway, or similar thoroughfare.
F. Outdoor storage is subject to all applicable fire, health, safety, and buiding regulations.
G. Outdoor storage shall not impede the growth or maintenance of required landscaping.
H. All stored items shall be completely screened by solid, decorative fences, walls, buil dings, or landscape features, or by a combination of screening elements. Stored items shall not exceed the height of the screening element.
I. The storage area is screened by solid, decorative fences, walls, or buildings, or a combination thereof, not less th an eight feet in height. If screening of the merchandise, material, or equipment requires a screening height greater than eight feet, the storage area and the screening fences, walls, or buildings shall be located on the rear half of the lot, away from any public right-of-way.
J. Storage is permitted in required side and rear yards. Storage is not permitted in required front or street side yards.
K. No merchandise, material, or equipment shall be stored on the roof of any building unless it is completely enclosed , and constructed of the same material as the main building. This limitation does not apply to operable vehicles parked on the top level of a parking structure.
L. Each establishment or facility must have on-site parking, in accordance with Chapter 18.58 of the Rialto Municipal Code, and cannot rely on on-street parking to meet standards.
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M. Caretaking units shall be permitted, provided that the units are indicated in the application in thorough detail and do not rely on street parking.
N. Each establishment or facility shall pay a fee, in accordance with the fee structure adopted by the city council by resolution.
O. All areas of the establishment or facility shall be maintained in good repair, in a clean, neat and orderly condition
A. Site and Architectural Design Standards
1. All outdoor storage uses, including truck yards, and associated buildings shall comply with all applicable provisions of Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.
2. Underground stormwater chambers shall be provided to avoid the need for aboveground stormwater basins. As an alternative, aboveground basins may be permitted if the depth of the basin does not require fencing and the basin can be planted with shrubs and groundcover so as to appear as part of the landscaped area on the site.
B. Parking and Access Standards
1. Parking shall be provided for the primary use associated with an outdoor storage use in accordance with Chapter 18.58 (Off-Street Parking) of the Rialto Municipal Code or an applicable Specific Plan.
2. All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck courts, and outdoor storage areas shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation.
3. Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of DocuSign Envelope ID: 437DB6D1-4936-433C-9D56-7B3E2D98D7EC 1 2
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vehicles on-site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off-site on adjacent streets.
4. Signage for directional guidance to vehicles entering and exiting the facility shall be provided on-site.
C. Screening Standards
1. All stored items, including trucks and trailers within truck parking areas and courts, shall be completely screened from public view, including oblique views, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative masonry block means tan slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.
2. Screen walls shall not be located within any required front yard or street side yard building or landscape setback area.
3. All stored items, including trucks and trailers within truck parking areas, shall not exceed eight (8) feet in height unless a taller wall up to fourteen (14) feet is provided to effectively screen along street frontages. The minimum height of screen walls shall be eight (8) feet and the maximum height shall be fourteen (14) feet.
4. Solid walls surrounding outdoor storage uses that either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight (8) feet of the wall is visible from public view.
The maximum slope shall not exceed a 4:1 ratio.
5. A combination of eight (8) foot tall fencing and a five (5) foot wide landscaping planter may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening.
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6. Access gates and doors may be constructed of open wrought iron if a perforated metal screen or other durable material is incorporated into the design that obscures views through the gate.
7. Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.
D. Landscape Standards
1. All outdoor storage uses shall incorporate a minimum fifteen (15) foot deep landscaped setback along all street frontages with a combination of trees, shrubs, and groundcover.
Parking of motor vehicles is not permitted within the required setback area.
2. All outdoor storage uses shall provide a minimum ten (10) foot wide landscape planter at the base of any buildings and screening walls that are visible from and face street frontages. Planting within these planters shall consist of a combination of small to medium scale trees, shrubs, and groundcover vegetation to soften the edge of the building or screen wall.
3. Trees shall be planted every thirty (30) linear feet within all landscape planters on-site.
Two (2) rows of trees shall be provided within all landscape setbacks adjacent to public streets. A minimum of fifty percent (50%) of the trees on-site shall consist of evergreen broadleaf tree species to ensure year-round coverage.
4. Shrubs and groundcover vegetation shall be planted an average of three (3) feet on- center or less, or as recommended for the species. Shrubs and groundcover vegetation species shall be selected and plotted to ensure a layering of landscaping from shorter to taller.
E. Security Standards
1. All outdoor storage uses shall be secured and incorporate security cameras that are connected to the City’s enforcement system to the satisfaction of the Police Chief.
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2. All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, with a minimum of one (1.0) foot candle across the site. Light fixtures shall be arranged or shield so as not to spill light onto neighboring properties.
F. Operational Standards for Truck Yards
1. An Operations and Truck Route Plan shall be submitted for review and approval as part of the conditional development permit application. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, types of items to be stored at the site, and the proposed truck routing to and from the facility to designated truck routes that avoids passing residential, educational, park and open space intended for public park and recreational use areas to the greatest extent feasible. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.
2. A Property Maintenance Program shall be submitted for review and approval as part of the conditional development permit application. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program.
18.104.035 - Performance Standards
A. Outdoor storage is subject to all applicable fire, health, safety, and building regulations.
B. Outdoor storage shall not impede the growth or maintenance of required landscaping.
C. Storage is permitted in required side and rear yards. Storage is not permitted in required front or street side yards.
D. Caretaking units shall be permitted, provided that the units do not rely on street parking.
E. All areas of the establishment or facility shall be maintained in good repair, in a clean, neat and orderly condition.
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F. New or modified truck yards shall route all vehicles associated with the use (trucks, vans, passenger vehicles, etc.) on roadways that avoid passing residential, educational, park and open space intended for public park and recreational use areas to the greatest extent feasible.
G. The following measures shall be included as performance measures and standard conditions of approval for all truck yards:
1. The queuing of trucks on streets or elsewhere outside of facility shall be prohibited. All queuing, stacking, loading, unloading, and parking shall occur exclusively on-site.
2. The operator of the outdoor storage use shall be responsible for implementing and monitoring an Operations and Truck Route Plan during all operations, including, but not limited to posting the plan and educating truck drivers on the approved routes.
3. Truck yard facilities shall not store any products, goods, materials, or containers outside of any building on-site, except for trucks and trailers associated with the truck yard facility, unless such storage is permitted through a conditional development permit in accordance with this Chapter.
4. Truck drivers shall not sleep or reside within any truck cab on-site overnight or for any other extended duration of time.
5. Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the City that an issue exists.
6. Prior to the issuance of a Business Compliance Certificate, any new tenant or operator of a truck yard facility shall 1) submit an operational plan and trip generation analysis prepared by a licensed traffic engineer for review and approval demonstrating the proposed operations and projected traffic associated with the new tenant or operator is the same or less than the projected traffic assumed in the approved entitlements for the facility; and 2) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. If the proposed operations and trip generation represent a significant change in operational DocuSign Envelope ID: 437DB6D1-4936-433C-9D56-7B3E2D98D7EC 1 2
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characteristics or more than ten (10) percent increase in trip generation beyond what was entitled, a modification to the conditional development permit shall be required prior to the start of operations.
7. The property owner and/or operator shall be responsible for implementing the approved Property Maintenance Program and maintaining the property in good physical condition.
18.104-040 – Exemptions. Review and Approval Process
A. This section applies to all industrial development in all zones that propose outdoor storage whether or not a permit or other approval is required for the development.
B. Applicable regulations for specific types of development proposals are as follows:
Type of Development Proposal Required Permit Type/Approval process
Planning
Commission
Development
Review
Committee
Any development in an industrial zone that
proposes outdoor storage or display
Conditional
Development
Permit
Precise Plan of
Design
A. Exempt Uses. The following uses shall be exempt from the provisions and requirements of this chapter:
1. Vehicle, boat, and recreational vehicle dealerships;
2. Temporary seasonal displays (e.g. Christmas tree lots, pumpkin patch lots, etc.); and,
3. Ancillary outdoor display by indoor retailers.
18.104.050 - Building, Grading, or Electrical Permits and Enforcement.
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A building, grading or electrical permit shall not be issued for any outdoor storage or display use unless a conditional development permit and a precise plan of design are approved by the city.
No outdoor storage use, including truck yards, shall be cond ucted on any site without the approval of all necessary entitlement applications, the issuance of all required permits, and the completion of all required site improvements.
Section 3. Subsection D of Section 18.60.010 [Application of chapter] of Chapter 18.60 [Nonconforming Uses] of the Rialto Municipal Code, is hereby amended to read as follows with underlined text representing additions:
18.60.010 - Application of Chapter.
D. The provisions of this chapter shall not apply so as to place in a nonconforming category any existing use requiring a conditional development permit under Chapter 18.66, except as provided in Section 18.60.050. However, if there is a proposed change of use or increase in area of property used, an application for a conditional development permit is required.
Section 4. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be severable.
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Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the local newspaper, and the same shall take effect thirty (30) days after its date of adoption.
PASSED, APPROVED AND ADOPTED this 26th day of January, 2021.
________________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
_________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM
______________________________
ERIC VAIL, Interim City Attorney
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. 1654 was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 26th day of January, 2021.
Upon motion of Mayor Pro Tem Scott , seconded by Councilmember Trujillo, the foregoing Ordinance No. 1654 was duly passed and adopted.
Vote on the Motion:
AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Carrizales and Perez
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this 27th day of January, 2021.
____________________________________
Barbara A. McGee, City Clerk
DocuSign Envelope ID: 437DB6D1-4936-433C-9D56-7B3E2D98D7EC
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ORDINANCE NO. ____
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIALTO, CALIFORNIA,
PROHIBITING THE ESTABLISHMENT AND/OR
EXPANSION OF OUTDOOR STORAGE USES AND/OR
TRUCK YARD USES FOR A PERIOD OF 45 DAYS AND
DIRECTING THE CITY MANAGER OR HIS DESIGNEES
TO PREPARE AND ISSUE A WRITTEN REPORT
DESCRIBING THE MEASURES WHICH THE CITY WILL
HAVE TAKEN TO ADDRESS THE CONDITIONS THAT
ARE THE SUBJECT OF THIS ORDINANCE
WHEREAS, the City of Rialto ("City") has the police power, pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent such regulations are not in conflict with the general laws of the State of California; and ;
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zonin g proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure shall require a four -fifths vote of the legislative body for ad option, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended; and
WHEREAS, Government Code Sections 36934 and 36937 expressly authorize the City Council to enact urgency ordinances, which take effect immediate ly upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four -fifths vote of the City Council; and
WHEREAS, with the recent and rapid increase in truck parking facilities, residents and businesses within the City have faced increased truck traffic, damage to local streets, loss of potential economic revenue, and deteriorating air quality and environmental health; and
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WHEREAS, the City has additional concerns regarding the compatibility of commercial truck uses in surrounding areas, as well as the aesthetic, development, and economic standards applicable to truck parking facilities ; and WHEREAS, the City of Rialto has determined t hat truck parking facilities have a detrimental impact upon the City, which is not being addressed by the City's current zoning regulations; and
WHEREAS, the City previously updated the Rialto Municipal Code to address the potential side effects of truck parking facilities, and to ensure that they are properly regulated within the City, it is evident that further study is necessary; and WHEREAS, the City Council , the City Planning Commission, and the City staff , each requires a reasonable period of time to study existing truck parking facilities regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriate alternativ e regulations for truck parking facilities within the City ; and WHEREAS , the City desires to establish, on an urgency basis, a temporary moratorium on the establishment, expansion, or modification of truck parking facilities within the City through the adoption of this Ordinance to further the purposes stated herein.
NOW, THEREFORE, the City Council of the City of Rialto ordains as follows:
SECTION 1. Recitals Incorporated. The City Council finds the recitals contained in this ordinance to be true and correct, relies upon them in passing this ordinance, and incorporates them herein as though set forth in full herein.
SECTION 2 . Immediate Threat. The City Council finds that there is a current and immediate threat to public health, safety, and welfare posed by current truck parking facilities development and overproliferation in t he City, due to the insufficiency of regulations under the Rialto Municipal Code. As stated above, the rapid development and expansion of truck parking facilities within the City has increased truck traffic, caused extensive damage to local streets, contri buted to the loss of potential economic revenue, and is deteriorating the air quality, noise, and aesthetics of the City , with particularly negative
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impacts on residential zones and neighborhoods . This Ordinance is necessary as an urgency measure to addres s said threats to public health, safety, and welfare .
SECTION 3 . Moratorium. Accordingly, the Rialto City Council hereby adopts a moratorium pursuant to California Government Code Section 65858 on any establishment, expansion, or modifications of truck par king facilities, which include truck terminals, truck and/or container storage yards, and truck and/or container parking and related uses, in the City ("Moratorium"). During the Moratorium, the City shall not accept any new applications, or issue any permi ts or entitlements on or after December 13, 2022 , for such uses .
SECTION 4 . Duration of Ordinance . This Moratorium is enacted pursuant to the authority conferred upon the City Council of the City of Rialto by Government Code Section 65858, and therefore shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the Ci ty Council. This Moratorium shall continue in effect for forty - five (45) days from the date of its adoption and shall thereafter be of no further force and effect, unless, after notice pursuant to Government Code Section 65090 and a public hearing, the Cit y Council extends the Moratorium for an additional period of time pursuant to Government Code Section 65858.
SECTION 5 . Enforcement. The City of Rialto may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil reme dy in any court of competent jurisdiction.
SECTION 6. City Action . During the period of this Moratorium, and any extension thereof, the City Manager or his designees shall: (1) review and consider options for the regulation of truck parking facilities, whi ch include truck terminals, truck and/or container storage yards, and truck and/or container parking and related uses , and (2) shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance with the City Council ten (10) days prior the expiration of this Moratorium, or any extension thereof, and such report shall be made available to the public.
SECTION 7. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the
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City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061( b)(3), this Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, truck parking or logistics facilities with in the City.
Furthermore, even if the Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action wil l assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on truck parking or logistics facilities.
Accordingly, no further environmental review is necessary.
Furthermore, as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the Rialto Municipal Code and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over t ime; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource.
Accord ingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Ordinance.
SECTION 8. Severability. Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part of this ordinance. If any section, provision, or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance.
SECTION 9. Effective Date. This Interim Ordinance shall take effect immediately and shall be of no further force and effect forty-five (45) days thereafter unless the City Council extends
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such ordinance following a noticed public hearing.
PASSED, APPROVED AND ADOPTED this day of _____________, 2022.
_________________________________
DEBORAH ROBERTSON, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
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I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. ____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____day of __________, 2022.
Upon motion of Councilmember _____________, seconded by Councilmember _________________, the foregoing Ordinance No. ____ was duly passed and adopted.
Vote on motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this ____ day ____________, 2022.
_____________________________
BARBARA MCGEE, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto , do hereby certify that the foregoing Resolution No._____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the _____ day of _______, 2022.
Upon motion of Councilmember ____________, seconded by Councilm ember _______________, the foregoing Resolution No. _______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of ____________ _____, 2022.
______________________________________
BARBARA A. McGEE, City Clerk