ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ADDING CHAPTER 18.71 TO THE RIALTO MUNICIPAL CODE TO PROVIDE FOR COMMUNITY BENEFIT AGREEMENTS WHEREAS, the City of Rialto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to its police powers derived under the California Constitution, Article XI, section 7, the City may make and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, the City recognizes the significant benefits to the community of development within the City and similarly recognizes the detriments to the quality of life in the community arising from development impacts; and WHEREAS, community benefits agreements provide local assistance and advantages that offset the development impacts created by specified land use projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO ORDAINS AS FOLLOWS:
Section 1. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Section 3. A new Chapter 18.71 entitled “Community Benefits Agreements,” is hereby added to the Rialto Municipal Code to read as follows:
“18.71 – COMMUNITY BENEFITS AGREEMENTS
Sections:
18.71.010 – Findings, intent and purpose.
The city council of the city finds and declares that:
A. This chapter implements the city’s commitment to community engagement, promoting transparency and accountability, and ensuring development projects in the city promote economic growth and prosperity for all residents.
B. Pursuant to its police power derived under the California Constitution, Article XI, section 7, the city may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws.
C. In Sheetz v. County of El Dorado, (2022) 84 Cal.App.5th 394, the California Court of Appeal upheld cities’ ability to adopt legislatively authorized fee programs that apply generally to new development.
D. The city has a vested interest in protecting the public health, safety, and general welfare.
E. New development imposes social costs on the residents of the city through increased density and traffic, and the loss of open space and impairment of the viewscape.
F. Community benefit agreements can help ensure more equitable development, enabling existing residents to benefit from new activity and opportunities, and enable project applicants to contribute meaningful investments in the community that partially offset the social costs borne by the community as a result of development.
18.71.020 – Application of Community Benefit Agreements.
This chapter shall apply to any industrial or warehouse project with a proposed change of zone, Specific Plan amendment, General Plan amendment, or proposed project with an industrial zoning designations of a proposed minimum total building square footage of 100,000 square feet.
18.71.030 – Contents and form of community benefits agreement.
Persons subject to this Chapter must enter into a community benefits agreement that provides for investments in the community in a form approved by the city attorney, which may include provisions for:
A. Community enhancement contributions, including lump sum and/or annual contributions to be utilized within the City, including but not limited to the following purposes:
(1) For existing of future public parks, public facilities and improvements, to benefit the residents of Rialto; and (2) For traffic enforcement of tractors on non-truck routes, street maintenance related to tract trailer usage such as potholes on truck routes.
B. Any other provision as may be considered necessary or proper to further legitimate City interest or to enhance the public health, safety, and welfare.
18.71.040 – Amount of Required Benefit.
The amount of benefit pursuant to this chapter 18.71 to be provided by a project applicant shall be five (5) dollars a square foot for the total square footage of the building(s).
Section 4. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code Section 36933. This ordinance shall take effect thirty (30) days after its date of adoption.
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 )
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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Burke, Williams & Sorensen, LLPAttorneys At LawRiversideBurke, Williams & Sorensen, LLPAttorneys At LawRiverside Burke, Williams & Sorensen, LLP
Attorneys At Law
Riverside
Burke, Williams & Sorensen, LLP
Attorneys At Law
Riverside