ORDINANCE NO. ____
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO ESTABLISHING A TEMPORARY MORATORIUM ON ANY CONSTRUCTION OR ALTERATIONS OF ACCESSORY DWELLING UNITS WITHIN THE CITY OF RIALTO 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, the City of Rialto has determined that, while the City is supportive of the growth of accessory dwelling units (ADUs) to address the City’s housing concerns, the current ADU regulations under Rialto Municipal Code Section 18.10.020(J) are insufficient to provide the City with proper control over ADU development and growth within the City, and will result in the threats to public health, safety, and/or welfare without further changes to existing regulations; and WHEREAS, the City intends to update the Rialto Municipal Code to further address the potential side effects of ADUs, and to ensure that they are properly regulated within the City; and WHEREAS, City staff, the City Planning Commission, and the City Council, each requires a reasonable period of time to study existing ADU regulations and development 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 ADUs within the City; and WHEREAS, the City desires to establish, on an urgency basis, a temporary moratorium on any construction or alteration of ADUs within the Coty through the adoption of this Ordinance to further the purposes stated herein.
NOW, THEREFORE, the City Council of the City of Rialto hereby ordains as follows:
SECTION 1. 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. The City Council finds that there is a current and immediate threat to public health, safety, and welfare posed by current ADU development in the City. This Ordinance is necessary as an urgency measure to address said threats to public health, safety, and welfare.
SECTION 3. Accordingly, the Rialto City Council hereby adopts a moratorium pursuant to California Government Code Section 65858 on any construction or alterations of ADUs in the City (“Moratorium”).
SECTION 4. 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 forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect, unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends the Moratorium for an additional period of time pursuant to Government Code Section 65858.
SECTION 5. 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. During the period of this Moratorium, and any extension thereof, the City Administrator or his designees shall: (1) review and consider options for the regulation of ADUs 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 (3) shall make said report available to the public.
SECTION 9. 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, ADUs 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 ADUs. 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 10. This Urgency 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 11. 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 12. This Ordinance shall take effect immediately and shall be of no further force and effect forty-five (45) days thereafter unless the City Council extends such Ordinance following a noticed public hearing.
PASSED, APPROVED AND ADOPTED this ____ day of _______________, 2019.
DEBORAH ROBERTSON, Mayor
ATTEST:
_________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM
______________________________
FRED GALANTE, City Attorney
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 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 _____________________, 2019.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance 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 _______________, 2019. ____________________________________
Barbara A. McGee, City Clerk
01180.0005/566147.1 -3-
01180.0005/566147.1
1234567891011121314151617181920212223242526272812345678910111213141516171819202122232425262728 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1234567891011121314151617181920212223242526272812345678910111213141516171819202122232425262728 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28