ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 25-0002 TO ESTABLISH A HOUSING OPPORTUNITY DISTRICT OVERLAY IN THE GATEWAY SPECIFIC PLAN TO ACCOMMODATE HOUSING IN ACCORDANCE WITH THE HOUSING ELEMENT REZONE PROGRAM IMPLEMENTATION PROJECT.
WHEREAS, there is a shortage of affordable housing in the City of Rialto (“City”) as documented in the 2021-2029 (6th Cycle) General Plan Housing Element; and WHEREAS, the 2021-2029 (6th Cycle) General Plan Housing Element is a mandatory element of the City’s General Plan and the City’s main housing policy and planning document that identifies housing needs and constraints, sets forth goals, policies and programs that address these needs and constraints, and plans for projected housing needs for all income levels based on the City’s assigned Regional Housing Needs Allocation (RHNA); and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provisions for the housing needs of all economic segments of the community; and WHEREAS, the Housing Element includes a Sites Inventory, which identifies suitable sites throughout the City that can adequately accommodate the required capacity set forth by the City’s RHNA which for the 2021-2029 (6th Cycle) planning period is 8,272 housing units; and WHEREAS, consistent with State Law, Housing Goal 2 is to “Promote and encourage housing development that adequately meets the needs of all socioeconomic segments of the community and region”; and WHEREAS, in order to implement Housing Element Goal 2, Housing Program 2B, referred to as the Rezone Program, calls for the City to rezone to provide adequate sites to accommodate RHNA; and WHEREAS, the City’s Rezone Program includes a Housing Opportunity District residential overlay affecting a total 315 parcels totaling approximately 323 acres city-wide; and WHEREAS, the City’s Rezone Program includes a Housing Opportunity District overlay in the Gateway Specific Plan affecting approximately 2 parcels totaling approximately 20 acres; and WHEREAS, the City’s Rezone Program includes a provision to permit at least 20 units per acre on sites identified in the housing element; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for this Project in compliance with CEQA and the local environmental review guidelines; and WHEREAS, pursuant to Government Code Sections 65450-65457, on January 21, 2026, the Planning Commission of the City of Rialto conducted a duly noticed public hearing, as required by law, on Specific Plan Amendment (SPA) No. 25-0002; heard public testimony; discussed SPA No. 25-0002; and closed the public hearing and forwarded a recommendation to the City Council for action; and WHEREAS, the Planning Commission voted 6-0 to recommend the City Council approve the SPA No. 25-0002; and WHEREAS, pursuant to Government Code Section 65350-65362, on February 24, 2026, the City Council of the City of Rialto conducted a duly noticed public hearing, as required by law, on SPA No. 25-0002, heard testimony, at which time it received input from staff and the city attorney; received public testimony; discussed the proposed SPA No. 25-0002; and closed the public hearing; and WHEREAS, the final adoption of the IS/MND and approval of the draft Specific Plan Amendment shall be considered by the City Council as the final approval authority, after evaluation of the environmental document; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Rialto, California, does hereby ordain as follows:
SECTION 1. The City Council hereby specifically finds that facts set forth in the recitals above of this Resolution are true and correct and are incorporated herein.
SECTION 2. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the draft 2021-2029 Housing Element Update in compliance with CEQA and the local environmental review guidelines. SPA No. 25-0002 is within the scope of the IS/MND, which is incorporated herein by this reference, and no subsequent environmental review is required per CEQA Guidelines Sections 15162–15164. The City Council hereby adopts the IS/MND and finds that, based upon the IS/MND, there is no substantial evidence of environmental impacts.
SECTION 3. The Gateway Specific Plan shall be amended to revise the following sections in the manner shown, with underlined text representing added language. All unmarked text shall remain unmodified and in full force and effect, the Gateway Specific Plan shall be amended to read as follows:
“4.3 Land Use Plan
Housing Opportunity District: Parcels within the Gateway Specific Plan designated for residential opportunity in the City’s 2021–2029 Housing Element shall be subject to the Housing Opportunity District regulations contained in Chapter 18.116 of the Rialto Municipal Code. Where conflicts occur between this Specific Plan and Chapter 18.116, the provisions of Chapter 18.116 shall govern.” “Table 4.1 – Land Use Plan
Notes:
Within parcels identified as part of the Housing Opportunity District (HOD), residential uses permitted under Rialto Municipal Code Chapter 18.116 are allowable. Where conflicts occur between Chapter 18.116 and the Gateway Specific Plan, the provisions of Chapter 18.116 shall govern.” SECTION 4. The City Council hereby directs staff to prepare, execute, and file with the San Bernardino County Clerk of the Board of Supervisors a Notice of Determination within five (5) working days of the adoption of the Ordinance.
SECTION 5. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid and, to this end, the provisions of this Ordinance are declared to be severable.
SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption of this Ordinance and shall cause a copy thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
PASSED, APPROVED AND ADOPTED this day of February, 2026. _________________________________
JOE BACA, MAYOR
ATTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL, 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 Resolution No. _________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the day of February, 2026.
Upon motion of Councilmember _______________, seconded by Councilmember ___________________, the foregoing Resolution 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 __________________, 2026. ________________________________
BARBARA MCGEE, CITY CLERK
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