Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 ORDINANCE NO. 1697
2 AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIALTO, CALIFORNIA,
3 DECLARING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT, EXPANSION OR INTENSIFICATION
4 OF INDOOR STORAGE FACILITIES WITHIN THE
JURISDICTIONAL BOUNDARIES OF THE CITY OF
5 RIALTO.
6 7 WHEREAS, the City of Rialto, California ("City") is experiencing an increase in 8 applications for the construction and operation of "indoor storage facilities" which includes largescale warehouses and distribution facilities within City limits; and 10 WHEREAS, the City Council observes that there has been an increase in development of 11 indoor storage facilities which has been exacerbated by the rise of e-commerce since the COVID- 12 19 pandemic, and has the potential to threaten the public health, safety and welfare; and 13 WHEREAS, the City Council observes that establishment, expansion or intensification of 14 indoor storage facility uses in the City have the potential to cause impacts to the City's land use 15 patterns, environmental quality, and overall quality of life, and imposes strains on the rights-of way 16 (including congestion and loss of integrity), all of which can threaten the economic viability of the 17 City; and
18 WHEREAS, impacts related to indoor storage facilities include increased traffic with a 19 high volume of truck traffic including heavy-duty trucks, which in turn contributes to noise 20 pollution, storm water runoff, habitat disruption, and a continued reduction in air quality through increase in greenhouse gas emissions which have the potential to lead to increased rates of cardiac, 22 respiratory, and reproductive health impacts, as well as cancers.
WHEREAS, the Planning Division, upon review of the existing indoor storage facility 24 uses, potential future indoor storage facility uses and current zoning regulations, has determined 25 that the City's current zoning regulations do not adequately address the unique impacts of indoor 26 storage facility uses; and
27 WHEREAS, without adequate guidelines related to indoor storage facility uses, said uses 28 have the potential to cause impacts inconsistent with the best economic interests of the community, 4926-1574-3249 v5 - 1 -
Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 and decreases the City's ability to regulate indoor storage facility in a manner to protect the general 2 public, and may adversely impact the environment, all of which pose a current and immediate threat 3 to public health, safety, and welfare; and
4 WHEREAS, there is an urgent need for the City to review and revise its General Plan, 5 zoning ordinances, and other applicable policies and regulations to ensure that indoor storage 6 facility developments are appropriately sited, scaled, and operated in a manner that mitigates 7 adverse impacts on the community, including environmental and traffic impacts and impacts to 8 sensitive receptors; and
WHEREAS, City staff, the City Planning Commission and the City Council, require a 10 reasonable period of time to study the following, with respect to the establishment, expansion or 11 intensification of indoor storage facilities in the City, in order to make recommendations on appropriate regulations to ensure development of indoor storage facilities aligns with the long-term 13 goals of the City and for the protection of the public health, safety and welfare:
14 a) the potential adverse impacts on the environment, traffic, aesthetics, and 15 visual quality of properties within the City; and
16 b) land use and zoning designations due to encroachment of indoor storage 17 facility projects in the proximity of residential uses and the impacts of 18 residential uses on indoor storage facilities; and
19 c) land use and zoning designations due to recent adoption of AB 98; and 20 d) the increase of truck traffic on City streets that has not been fully mitigated by modification of truck routes; and
22 e) potential impact on sensitive receptors and sensitive uses which shall 23 include existing residential uses, churches, schools, and recreational parks 24 that are in proximity to zones where potential new indoor storage facilities 25 could be developed or existing indoor storage facilities that could be 26 expanded or intensified; and
27 f) efficacy of a one thousand (1000) foot radius buffer from sensitive uses 28 including residential zones; and
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Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 WHEREAS, pursuant to Government Code Section 65858, the City Council may adopt as 2 an urgency measure an interim ordinance prohibiting any use that may be in conflict with a 3 contemplated general plan, specific plan, or zoning proposal that the legislative body, planning 4 commission or the planning department is considering or studying or intends to study within a 5 reasonable time; and
6 WHEREAS, the City Council finds that the development of new indoor storage facilities, 7 or the expansion or intensification of existing indoor storage facilities, may have adverse impacts 8 on the environment, traffic, aesthetics, and visual quality of surrounding properties and on the economic vitality within the City, and such impacts constitute and pose a current and immediate 10 threat to the public health, safety, or welfare.
11 NOW, THEREFORE, the City Council of the City of Rialto hereby ordains as follows:
12 SECTION 1. Recitals Incorporated. The City Council finds that the establishment, 13 expansion, intensification, development or construction of indoor storage facilities presents an 14 immediate threat to the public health, safety, and welfare of the City. Further, the City Council 15 finds that the recitals contained in this ordinance to be true and correct, relies upon them in passing 16 this ordinance, and incorporates them herein as though set forth in full herein. 17 SECTION 2. Moratorium on the Establishment, Expansion or Intensification of 18 Indoor Storage Facility Uses.
19 A. The Rialto City Council hereby adopts a moratorium, pursuant to California 20 Government Code Section 65858, on the establishment, expansion, intensification, 21 development or construction of indoor storage facility uses within the City of Rialto. 22 B. This moratorium shall apply to the issuance of any permit or approval (including 23 but not limited to grading, infrastructure, building, temporary certificate of 24 occupancy, certificate of occupancy, conditional use permit, conditional development permit, variance, change to the zoning or General Plan designation) 26 for a new, expanded or intensified indoor storage facility use or development.
C. For the purposes of this moratorium, "indoor storage facility" means any building 28 primarily used for the indoor storage of goods, products, commodities, materials, 4926-1574-3249 v5 - 3 -
Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 supplies, and similar items for the primary purpose of supply chain distribution and 2 fulfillment, including "storage warehouses" and "fulfillment centers" as those terms 3 are defined at Rialto Municipal Code section 18.112.020. 4 D. This moratorium shall not apply to any project:
5 i. Approved by the City Council or Planning Commission or project 6 with permits not yet expired; or
7 More than 500 feet from existing residential uses, churches, schools, 8 and recreational parks; or
i. Less than one hundred thousand square feet (100,000 sq ft) in floor 10 area; or
ii. On properties within the General Manufacturing (I-GM) land use district of the Rialto Airport Specific Plan.
13 SECTION 3. Duration of Ordinance. This Moratorium is enacted pursuant to the 14 authority conferred upon the City Council of the City of Rialto by Government Code Section 65858, 15 and therefore shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) 16 vote of the City Council. This Moratorium shall continue in effect for forty-five (45) days from the 17 date of its adoption and shall thereafter be of no further force and effect, unless, after notice pursuant 18 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. 20 SECTION 4. Report. During the period of this Moratorium, and any extension thereof, the City Manager or designees shall: (1) review and consider options for the regulation of indoor 22 storage facilities 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 24 ten (10) days prior the expiration of this Moratorium, or any extension thereof, and such report 25 shall be made available to the public.
26 SECTION 5. Enforcement. The City of Rialto may enforce any provision of this 27 Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of 28 competent jurisdiction.
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Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 SECTION 6. The City Council finds that this ordinance is not subject to the California 2 Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) because 3 it can be seen with certainty that it will not have a significant effect or physical change to the 4 environment.
5 SECTION 7. This Interim Ordinance is enacted pursuant to the authority conferred upon 6 the City Council of the City of Rialto by Government Code Sections 36937 and 65858, and shall 7 be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City 8 Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove.
10 SECTION 8. Severability. 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, 12 or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such 13 judgment shall not invalidate any other section, provision, or part of this ordinance. 14 SECTION 2. Effective Date. This Interim Ordinance shall take effect immediately and 15 shall be of no further force and effect forty-five (45) days thereafter unless the City Council extends 16 such ordinance following a noticed public hearing.
17 PASSED, APPROVED AND ADOPTED this 28th day of January, 2025. 18 for вна
20 JOE BACA, MAYOR
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Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 ATTEST:
2 3 Barbara A. MuGu
4 BARBARA A. MCGEE, CITY CLERK
5 6 APPROVED AS TO FORM:
8 ERIC S. VAIL, CITY ATTORNEY
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Docusign Envelope ID: B9A08895-FBA5-4BC0-871D-3D48B33EDEA2 1 2
3 STATE OF CALIFORNIA )
4 COUNTY OF SAN BERNARDINO) SS
5 CITY OF RIALTO )
6 1, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing 7 Urgency Ordinance No. 1697 was duly passed and adopted at a regular meeting of the City 8 Council of the City of Rialto held on the 28th day of January, 2025.
Upon motion of Council Member Scott, seconded by Council Member 10 Montoya Jr., the foregoing Urgency Ordinance No. 1697 was duly passed and adopted.
Vote on the Motion:
AYES: Mayor Baca, Mayor Pro Tem Scott, Council Members Montoya Jr. and Perez 13 NOES: Council Member Carrizales
14 ABSTAIN: None
15 ABSENT: None
16 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City 17 of Rialto, this 28" day of January, 2025.
18 Barbara A. MiGu
20 Barbara A. McGee, City Clerk
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