ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, AMENDING TITLE 18 (ZONING) OF THE RIALTO MUNICIPAL CODE TO ADD CHAPTER 18.116 ESTABLISHING A RESIDENTIAL OVERLAY ZONE TO ACCOMMODATE HOUSING AND MODIFYING PERMITTED LAND USES AND RESIDENTIAL DENSITIES IN ACCORDANCE WITH THE HOUSING ELEMENT REZONE PROGRAM IMPLEMENTATION PROJECT.
WHEREAS, on March 8, 2022, the City Council adopted the 2021-2029 (6th Cycle) General Plan Housing Element, a mandatory element of the City’s General Plan and the City’s main housing policy and planning document that identifies housing needs and constraints, sets forth goals, policies and programs that address these needs and constraints, and plans for projected housing needs for all income levels based on the City’s assigned Regional Housing Needs Allocation (RHNA); and WHEREAS, the 2021-2029 (6th Cycle) General Plan Housing Element identified a shortage of affordable housing within the City of Rialto (“City”); and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provisions for the housing needs of all economic segments of the community; and WHEREAS, the Housing Element includes a Sites Inventory, which identifies suitable sites throughout the City that can adequately accommodate the required capacity set forth by the City’s RHNA for the 2021-2029 (6th Cycle) planning period totaling 8,272 housing units; and WHEREAS, consistent with State Law, Housing Goal #2 is to “Promote and encourage housing development that adequately meets the needs of all socioeconomic segments of the community and region”; and WHEREAS, in order to implement Housing Element Goal #2, Housing Program 2B, referred to as the Rezone Program, the City will need to rezone parcels to provide adequate sites to accommodate RHNA; and WHEREAS, the City’s Rezone Program includes a residential overlay affecting 223 parcels totaling 302 acres; and WHEREAS, the City’s Rezone Program includes a provision to allow multi-family uses by-right for developments in which twenty percent or more of the units are affordable to lower-income households; and WHEREAS, the City’s Rezone Program includes a provision to permit at least thirty units per acre on sites identified in the latest housing element; and WHEREAS, on January 11, 2023, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law; received public testimony; discussed Zoning Code Amendment (ZCA) No. 2022-0004; and closed the public hearing; and WHERAS, the Planning Commission voted 5-0 to recommend the City Council approve the amendment to the Zoning Code Amendment; and WHEREAS, on February 14, 2023, the City Council conducted a duly noticed public hearing, as required by law, on ZCA No. 2022-0004, took testimony, at which time it received input from staff and the city attorney; heard public testimony, discussed ZCA No. 2022-0004; and closed the public hearing; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Rialto does ordain as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Ordinance are true and correct and incorporated herein.
SECTION 2. In conjunction with the Project, the City has prepared an addendum to the previously adopted Mitigated Negative Declaration for the 2021-2029 (6th Cycle) General Plan Housing Element (“MND 6th Cycle Housing Element”) under the California Environmental Quality Act (“CEQA”) because the proposed Specific Plan Amendment will not result in any change with respect to the circumstances or require major revisions to the previously approved MND 6th Cycle Housing Element.
SECTION 3. The City Council hereby approves an amendment to the Rialto Municipal Code to revise each of the following code sections in the manner shown, with underlined text representing added language. All unmarked text shall remain unmodified and in full force and effect:
“18.22.020 Permitted uses.
….
H. Development projects consisting of any number of units, in which 20 percent or more of the residential units are affordable to lower-income households are permitted by-right and subject to the provisions of Government Code Section 65583.2 subdivisions (h) and (i).” “18.22.030 Development standards.
….
B. Density. Minimum lot area per dwelling unit shall be two thousand square feet of net lot area. "Net lot area" means that lot area excluding areas utilized for public streets, or other public rights-of-way.
1. When a non-vacant lot has been identified in a prior housing element and at least twenty percent of the proposed units are affordable to lower income households, the minimum lot area per dwelling unit shall be 1,452 square feet of net lot area. ….”
SECTION 4. The City Council hereby amends the Rialto Municipal Code to add a new chapter 18.116, entitled “Residential Overlay” to read as follows:
“Chapter 18.116 RESIDENTIAL OVERLAY
18.116.010 Purpose.
The intent of the residential overlay is to allow for attractive high density residential development in appropriate areas of the city while allowing existing development to remain and retain the development potential of the underlying zoning. All underlying uses, legally permitted, may remain and the underlying zoning shall remain intact. The residential overlay is an additional layer of permitted uses that can be utilized. Property owners will retain full discretion to use the residential overlay, if they choose, to pursue development of residential units. The residential overlay does not impose any obligation on property owners to convert or change the use of their commercial or other non-residential uses. There is no mechanism proposed by the rezone program to mandate or impose an obligation on existing property owners to redevelop their properties for residential uses.
The purpose of the residential overlay is to accomplish the following objectives:
A. To provide an overlay zone which will implement the goals and policies of the General Plan; B. To provide additional housing options for people, including but not limited to, students, young professionals and older people, who want to live near their workplace and/or near retail and other non-residential uses; C. To ensure compatibility of residential projects with surrounding uses and development patterns; D. To create additional opportunities, but not impose any obligation, for development beyond those uses allowed in the underlying zoning district; and E. To protect underlying land uses and the established character of existing neighborhoods.
18.116.020 Application.
The regulations in this chapter apply only to residential development located within the residential overlay. All non-residential development shall conform to the regulations of the underlying zone. The residential overlay applies in certain portions of the city as shown in the maps provided herein.
Properties located near Baseline Road and Riverside Avenue Properties within the Foothill Boulevard Specific Plan
Properties within the Gateway Specific Plan
Properties located near North Riverside Avenue and Easton Street Properties within the Central Area Specific Plan
18.116.040 Permitted uses.
Uses permitted in the in the Residential Overlay are as follows:
Multiple family dwellings, consisting of four or less units; Multiple family dwelling developments consisting of five or more units are permitted subject to the issuance of a conditional development permit by the City Planning Commission.
18.116.050 Regulations–Adoption by reference.
The regulations of the R-4 High Density Multiple Family Zone, outlined in Chapter 18.24 of this title, apply to residential structures in the Residential Overlay zone, except as otherwise provided in this chapter.
18.116.060 Regulations–Exceptions.
The exceptions to the R-4 High Density Multiple Family Zone regulations, as set forth in this section, are applicable to residential structures in the Residential Overlay.
Maximum density.
35 dwelling units per acre for properties identified in:
18.116.020(B) located in the Foothill Boulevard Specific Plan area 50 dwelling units per acre for properties identified in:
18.116.020(A) located near Baseline Road and Riverside Avenue,
18.116.020(C) located in Gateway Specific Plan area.
18.116.020(D) located near North Riverside Avenue and Easton Street and
18.116.020(E) located within the Central Area Specific Plan.
Maximum building coverage, seventy percent of the lot area.
Building height limit, five stories or sixty feet.”
SECTION 5. The City hereby approves ZCA No. 2022-0004 to establish a residential overlay to accommodate housing and modify permitted land uses and residential densities in accordance with the Housing Element Rezone Program Implementation Project.
SECTION 6. 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 7. The Mayor shall sign the passage and adoption of this Ordinance and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this day of February, 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 )
City of Rialto )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance was introduced and first read on the ___ day of __________ 2023, and had its second reading at the regular meeting of the Rialto City Council on the ___ day of _____________, 2023, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Barbara McGee, City Clerk
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