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 22 MONTHS AND 15 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 zoning 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 adoption, 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 immediately 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, on December 13th, 2022, the City Council adopted an interim ordinance imposing a moratorium on the establishment and/or expansion of outdoor storage uses and/or truck yard uses for a period of forty-five (45) days from the date of its adoption; and WHEREAS, the City Manager’s designees have issued a written report describing the measures which the City has taken to address the conditions which led to the adoption of the ordinance not less than ten (10) days prior the expiration of the initial Moratorium; and WHEREAS, after notice pursuant to Government Code Section 65090 and public hearing, the City Council may be a four-fifths vote extend the interim ordinance for 22 months and 15 days; and WHEREAS, with the recent and rapid increase in truck and trailer 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 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 and trailer parking facilities; and WHEREAS, the City of Rialto has determined that 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 and trailer 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 and trailer 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 alternative regulations for truck and trailer 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 and trailer 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 the City, due to the insufficiency of regulations under the Rialto Municipal Code. As stated above, the rapid development and expansion of truck and trailer parking facilities within the City has increased truck traffic, caused extensive damage to local streets, contributed to the loss of potential economic revenue, and is deteriorating the air quality, noise, and aesthetics of the City, with particularly negative impacts on residential zones and neighborhoods. This Ordinance is necessary as an urgency measure to address 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 of existing establishment, or modifications of truck parking 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 permits or entitlements 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 City Council. This Moratorium shall continue in effect for twenty-two (22) months and fifteen (15) days from the date of its adoption and shall thereafter be of no further force and effect.
SECTION 5. Enforcement. The City of Rialto may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy 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 outdoor truck and trailer parking facilities, which 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 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 within 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 will 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 time; (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. Accordingly, 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 twenty-two (22) months and fifteen (15) days thereafter.
PASSED, APPROVED AND ADOPTED this day of _______________, 2023. _________________________________
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 )
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 __________, 2023.
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 ____________, 2023. _____________________________
BARBARA MCGEE, CITY CLERK
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 _______, 2023.
Upon motion of Councilmember ____________, seconded by Councilmember _______________, 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 _________________, 2023. ______________________________________
BARBARA A. McGEE, City Clerk
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