ORDINANCE NO. ____
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DESIGNATING TRUCK ROUTES WITHIN THE CITY OF RIALTO AND ESTABLISHING A MORATORIUM TO PROHIBIT TRUCK TRAFFIC ON ALL OTHER STREETS WITHIN THE CITY OF RIALTO EXCEPT AS OTHERWISE PROVIDED BY LAW WHEREAS, the City Council observes that inter-city truck traffic on Rialto streets has substantially increased, causing congestion and safety concerns for residents and threatening the economic viability of recent commercial development; and WHEREAS, the Planning Division and City Council, upon review of the existing truck routes in the General Plan, determined that certain segments previously approved for general truck traffic may no longer be appropriate for such use; and WHEREAS, inadequate control of truck traffic on local streets causes congestion inconsistent with the best economic interests of the community, decreases the City's ability to regulate traffic in a manner to protect the general public, and may adversely impact the environment, all of which pose a current and immediate threat to public health, safety, and welfare; and WHEREAS, the City of Rialto determined that because of the changes in land use patterns within the City the continued use of the existing truck routes in the General Plan by inter-city trucks will result in the aforementioned threats to public health, safety, and/or welfare; and WHEREAS, City staff, the City Planning Commission and the City Council, each requires a reasonable period of time to study existing truck routes and truck traffic control measures 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 routes within the City; and WHEREAS, on November 10, 2020, the City Council awarded a Professional Services Agreement to ADVANTEC Consulting Engineers to conduct a Citywide Speed Survey and Truck Route Study (the “Truck Route Study”); and WHEREAS, the Truck Route Study was completed in September 2022 and will serve as the formal documentation and justification for the updated Truck Routes citywide through the General Plan amendment process; and WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, the planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, on November 15, 2022, the City Council adopted an interim ordinance imposing a moratorium on the use by specified commercial vehicles of seven designated street segments 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, the City Council finds that inter-city truck traffic on designated streets may have adverse impacts on the environment, traffic, aesthetics, and visual quality of surrounding properties and on the economic vitality within the City, and such impacts constitute and pose a current and immediate threat to the public health, safety, or welfare.
NOW, THEREFORE, the City Council of the City of Rialto hereby 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. Moratorium on Inter-City Truck Traffic. The Rialto City Council hereby adopts a moratorium pursuant to California Government Code Section 65858 on the use by inter-city commercial vehicles with three or more axles weighing five tons or more, of the following streets within the City of Rialto:
Riverside Avenue from Locust Avenue to Ayala Drive,
Ayala Drive from Casmalia Street to Riverside Avenue,
Ayala Drive from I-210 freeway to Baseline Road,
Baseline Road from Cedar Avenue to east city limits,
Pepper Avenue from I-210 freeway to Rialto Avenue,
Slover Avenue from Cactus Avenue to Riverside Avenue, and Santa Ana Avenue between west city limits and east city limits, and as depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, ("Moratorium"), excepting therefrom local deliveries pursuant to CVC 35703. City streets designated in the City’s general plan for use by inter-city commercial vehicles with three or more axles weighing five tons or more, other than those set forth above, are not subject to this ordinance.
SECTION 3. 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 4. Report. During the period of this Moratorium, the City Manager or his designees shall: (1) review and consider options for the regulation of Inter-City commercial vehicles 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, and such report shall be made available to the public.
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. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment.
SECTION 7. This Interim Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Rialto by Government Code Sections 36937 and 65858, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove.
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
EXHIBIT “A”
City Streets Subject to Moratorium on Use by Trucks
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