City of Rialto
Legislation Text
For City Council Meeting [January 24, 2023]
TO: Honorable Mayor and City Council
APPROVAL: Arron Brown, Acting City Manager
FROM: Eric Vail, City Attorney
Paul Gonzales, Community Development Manager
Request City Council to Conduct a Public Hearing to Extend Interim Urgency Ordinance No. 1674 from December 13, 2022, to December 9, 2024 by adopting Interim Ordinance No. 1678 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
At the November 15, 2022, regularly scheduled City Council meeting, the City Council directed staff to schedule a public hearing for an urgency ordinance for the following City Council meeting.
On December 13, 2022, at a regularly scheduled City Council meeting, Interim Urgency Ordinance No. 1674 was adopted by the City Council prohibiting the establishment and/or expansion of outdoor storage uses for trailer and/or truck yards in the City of Rialto except as otherwise provided by law”.
The ordinance went into effect immediately and will continue in effect for the remainder of the forty- five (45) days from the date of its adoption. The City Council may also consider to extend the moratorium an additional 22 months and 15 days.
Measures Taken During 45 Day Urgency Moratorium
During the 45-day interim urgency moratorium City staff reviewed and considered options for the regulation of outdoor storage of trailers and trucking yards (Attachment No. 3) and provided a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. This was presented to the City Council ten (10) days prior to the expiration of the moratorium extension and made available to the public.
Proactive measures taken by staff included placing on-hold the three (3) active applications submitted to the City for outdoor storage of tractors and trailers. Community Compliance has also actively monitored open code compliance cases on nonpermitted outdoor trailer storage and truck yards identified throughout the City that are in different stages of enforcement. Nonpermitted outdoor storage yards have caused concern for residents of the City, as they regularly locate on sites that are unimproved resulting in public health, and safety impacts caused by congestion, dust, parking, poor File #: 23-072, Version: 1
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unimproved resulting in public health, and safety impacts caused by congestion, dust, parking, poor air quality, and site degradation.
ANALYSIS/DISCUSSION
During the existing 45-day interim urgency moratorium adopted by the City Council on December 13th , 2022, City staff has reviewed standards in Chapter 18 of the Municipal Code for additional regulation of outdoor storage facilities for trucking yards and outdoor storage of trailers.
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. As previously mentioned, the City Council may extend the moratorium up to 22 months and 15 days to allow staff time to completely analyze and craft recommendations for the City Council’sconsideration. If the City Council adopts and extension of time for the moratorium, City staff will further analyze and review the Rialto Municipal Code (RMC) specifically for outdoor storage trailer uses. Draft sections to be crafted will include additional conditions and language to ensure these uses are regulated appropriately and health and safety of residents is taken into consideration. City staff will recommend these amendments for the City Council’s consideration at a future City Council meeting.
Extension of Time for Interim Ordinance
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.
Given the preparatory timeframe, the City Council would need to extend the urgency ordinance prior to the expiration of the initial 45-day period if the Council chooses to extend the moratorium. State law allows the extension of an Urgency Ordinance for an additional period of 22 months and 15 days after holding a noticed public hearing. If the Ordinance is extended, the expiration date will be December 9, 2024. The approval for an extension is done by a four-fifths vote of the City Council.
The City published notice in the San Bernardino Sun in accordance with Section 65090 of the Government Code.
Upon adoption of the extension of the interim urgency ordinance, the moratorium will continue to be in effect after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extension for an additional period of time pursuant to Government Code 65858.
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
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· 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 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. 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 an Interim Urgency Ordinance 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 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 SUBJECT OF THIS ORDINANCE.
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