1 RESOLUTION NO. 2024-39
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, RECOMMENDING THAT
THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT
4 (ZCA) NO. 2024-0002 ADOPTING AN ORDINANCE
AMMENDING WIRELESS TELECOMMUNICATION
5 "WIRELESS
FACILITIES (CHAPTER 11.22
6 TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY" AND CHAPTER 18.111 "WIRELESS
7 TELECOMMUNICATIONS FACILITIES" OF THE RIALTO
MUNICIPAL CODE AND RECOMMENDING THAT THE CITY
8 COUNCIL APPROVE A RESOLUTION TO ADOPT
9 "GUIDELINES FOR BATCH BROADBAND PERMIT
PROCESSING".
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12 WHEREAS, there is a need to amend the Rialto Municipal Code to require additional 13 requirements to strengthen the City's ability to regulate wireless telecommunications facilities and 14 to adopt guidelines for batch broadband permitting; and 15 WHEREAS, the Planning Commission desires to promote economic vitality and 16 sustainability of businesses within the community, while still protecting the general health, safety, 17 and welfare of the public, by adding requirements for wireless telecommunication facilities; and 18 WHEREAS, on June 5th, 2024, the Planning Commission held a public hearing on Zoning 19 Code Amendment 2024-0002, an amendment to Title 11 and 18 of the Rialto Municipal Code to 20 modify and clarify development standards for wireless telecommunications facilities and to 21 incorporate guidelines for batch broadband permitting to comply with Assembly Bill (AB) 965, 22 where it heard testimony and discussed the draft Ordinance and Resolution and recommended to 23 the City Council approval of the same.
24 WHEREAS, pursuant to Section 18.06.030(C) of the Rialto Municipal Code, the Planning 25 Commission shall hold a public hearing for a proposed zone amendment and proposed guidelines 26 and forward a recommendation to the City Council for action; and 27 28
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1 WHEREAS, on June 5th , 2024, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on Zoning Code Amendment No. 2024-0002 3 and Guidelines for Batch Broadband Permitting Processing, took testimony, at which time it 4 received input from staff and the city attorney; heard public testimony; discussed the Ordinance 5 related to Zoning Code Amendment No. 2024-0002 and a Resolution related to Guidelines for Batch Broadband Permitting Processing; and closed the public hearing; and 7 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 8 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto as 9 follows:
10 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 11 in the recitals above of this Resolution are true and correct and incorporated herein. 12 SECTION 2. The adoption of the proposed Ordinance and Resolution is exempt from the 13 California Environmental Quality Act (CEQA). Pursuant to Section 15061 "Review for Exemption", 14 Subsection (b)(3) of the California Environmental Quality Act, the activity is covered by the common 15 sense exemption, as CEQA applies only to projects which have the potential for causing a significant 16 effect on the environment. Where it can be seen with certainty that there is no possibility that the 17 activity in question may have a significant effect on the environment, the activity is not subject to 18 CEQA. The Planning Division will file a Notice of Exemption with the Clerk of the Board of San 19 Bernardino County in accordance with CEQA upon completion of the Ordinance. 20 SECTION 3. The Planning Commission hereby recommends that the City Council approve 21 Zoning Code Amendment No. 2024-0002 and adopt an amendment to the Wireless 22 Telecommunications Facilities (Exhibit 1) and adopt Guidelines for Batch Broadband Permit 23 Processing (Exhibit 2).
24 25 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 26 adoption of this resolution and thereupon the same shall take effect and be in force. 27 PASSED, APPROVED AND ADOPTED this 5th day of June, 2024 28 -2-
JERRY GUTTEREZ, CHAW
CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Heidy Gonzalez, Administrative Assistant of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2024-39 was duly passed and adopted at a regular meeting of the Planning 7 Commission of the City of Rialto held on the 5th day of June 2024. 8 Upon motion of Commissioner Artist Gilbert, second by Commissioner Dale Estvander, 9 foregoing Resolution No. 2024-39 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 5 (Gutierrez, Peukert, Estvander, Gilbert, Gonzalez) 13 NOES: 0
14 ABSTENTION: 0
15 ABSENT: 0
16 17 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 18 Rialto this 5th day of June 2024.
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21 #ht
Heidy Gonzalez
22 Administrative Assistant
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