Chapter 18.107 — REQUESTS FOR REASONABLE ACCOMMODATION — Rialto Zoning Code

18.107.010 - Intent and purpose. ¶

In accordance with federal and state fair housing laws, the purpose of this chapter is to provide reasonable accommodations to persons with disabilities in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability equal opportunity to use and enjoy a dwelling.

(Ord. No. 1644, § 2, 7-14-20)

18.107.020 - Definitions. ¶

For the purposes of this chapter, the following definitions shall apply:

"Fair housing laws" means: (1) the federal Fair Housing Act (42 U.S.C.§ 3601 et seq.) and (2) the California Fair Employment and Housing Act (Gov't. Code § 12955 et seq.), including amendments thereto and any implementing regulations.

"Person with a disability" means a person who has a medical condition, physical disability or mental disability, as those terms are defined in the fair housing laws.

"Reasonable accommodation" means providing persons with disabilities flexibility in the application of land use and zoning regulations and procedures, or waiving certain requirements, when necessary, to eliminate barriers to housing opportunities. Reasonable accommodations may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would: (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

(Ord. No. 1644, § 2, 7-14-20)

18.107.030 - Review authority and procedures.

A.

Review Authority. Requests for reasonable accommodation shall be reviewed only by the following:

1.

Community Development Director or Designee. The community development director or his or her designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a person with a disability within the meaning of this chapter. The community development director or his or her designee may refer the matter to the planning commission, as appropriate.

2.

Planning Commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a person with a disability within the meaning of this chapter, when referred by the community development director (or designee) or when a reasonable accommodation request includes any encroachment into the front yard setback area, results in a building size increase above what is permitted in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums, or whenever a reduction in required parking is requested.

(Ord. No. 1644, § 2, 7-14-20)

18.107.040 - Noticing. ¶

No advance notice or public hearing is required for a reasonable accommodation requests reviewed by the community development director or his or her designee. Requests for reasonable accommodation subject to review by the planning commission shall require advance notice and a public hearing pursuant to the requirements of Section 18.66.090, Notice of Decision—Appeals in the Rialto Municipal Code.

(Ord. No. 1644, § 2, 7-14-20)

18.107.050 - Application procedures.

A.

Application. Any person with a disability, or their representative, may apply for a reasonable accommodation. The applicant shall submit a request for reasonable accommodation on a form provided by the City of Rialto Planning Division. The application shall include the following information:

1.

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The name and address of the property owner, and the owner's written consent to the application;

4.

The current use and/or activity of the property;

5.

A description of the basis that the individual is considered disabled under the fair housing laws: Identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and any effects on the person's medical, physical or mental limitations;

6.

The policy, program, regulation or standard adopted by the City of Rialto applicable to the request for accommodation, including the development standard or regulation from which reasonable accommodation is being requested;

7.

A description of the specific accommodation request;

A description of the basis by which the accommodation is reasonable and necessary for the needs of the affected person(s) with a disability;

9.

Copies of plans, drawings, pictures, and other supporting data that provide sufficient information to render a decision;

10.

Other reasonable requests for information requested by the city to facilitate the rendering of a decision, consistent with fair housing laws.

B.

Review with Other Related Applications. If the development, project or proposal for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, general plan amendment, zoning code amendment or subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the community development director or his or her designee, before proceeding with the other related applications.

C.

Required Fees. The fee for an application for reasonable accommodation shall be established by resolution of the city council.

(Ord. No. 1644, § 2, 7-14-20)

18.107.060 - Required findings and conditions.

The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

A.

Required Findings.

1.

The housing will be used by a person with a disability as defined in this chapter;

2.

The requested accommodation is necessary to make specific housing available to a person with a disability;

3.

The requested accommodation would not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in the fair housing laws; and

The requested accommodation does not fundamentally alter the intent of adopted city policies, regulations, programs or laws, as "fundamentally alter" is defined in the fair housing laws.

B.

Required Conditions.

1.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

2.

A modification approved under this chapter is considered a personal request for accommodation by the applicant and shall not run with the land.

3.

Where appropriate, the applicable reviewing authority may condition its approval on any or all of following:

a.

Periodic inspection of the location, as specified in the application, to verify continued compliance with the provisions of this section and any conditions of approval;

b.

Removal of improvements, where removal would not constitute an unreasonable financial burden, when the expressed need for which the accommodation was granted is no longer necessary;

c.

Time limits and/or expiration of the approval if it can be determined that the applicants' reasons for approving the accommodation no longer exists;

d.

Recordation of a deed restriction requiring removal of the accommodating feature once the need no longer exists;

e.

Methods, design considerations and features that reduce the impact on surrounding uses;

f.

Methods, design considerations and features that preserve the integrity of the property and structures;

g.

Other reasonable accommodations providing an equivalent level of benefit that will not result in an encroachment into required setbacks, permitted exceedance of height limits, lot coverage or floor area ratio requirements specified for the applicable zoning district; and

h.

Other conditions necessary to protect the public health, safety and welfare of Rialto residents.

(Ord. No. 1644, § 2, 7-14-20)

18.107.070 - Written decisions. ¶

A.

The community development director or his or her designee shall render a written decision or refer the matter to the planning commission within thirty days after the application is deemed complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 18.107.060. The decision shall be in writing and mailed to the applicant and to all residents and property owners within three hundred feet of the project site.

B.

If the application for reasonable accommodation involves other discretionary actions or decisions, the reviewing authority for that decision shall accept as final the determination regarding reasonable accommodation by the community development director or designee, unless the reasonable accommodation request has been referred by the community development director or designee to the planning commission for consideration.

C.

If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions or deny the application shall be rendered within twenty business days after the close of the public hearing, based on the findings set forth in Section 18.107.060.

(Ord. No. 1644, § 2, 7-14-20)

18.107.080 - Appeals.

Any adverse decision on an application under this chapter shall be subject to the following:

A.

The decision of the community development director or planning commission shall become final and binding thirty calendar days after the rendering of the decision unless within such thirty-day period an appeal in writing is filed as provided in Chapter 18.68 of this title.

B.

All written appeals shall contain a statement of the grounds for the appeal. Any information identified by the applicant as confidential shall be retained in a manner so as to protect the applicant's rights under local, state and federal law.

(Ord. No. 1644, § 2, 7-14-20)

Chapter 18.108 - REGULATION OF RECYCLING FACILITIES

Sections:

18.108.010 - Findings, intent and purpose. ¶

A.

The city council finds that the redemption and recycling of reusable materials should be convenient to the consumer in order to reduce litter and the amount of solid waste, and to promote the conservation of recyclable materials within the city.

B.

The intent of this chapter is to encourage the provision of recycling services by adopting a comprehensive program for the permitting and regulating of such uses.

C.

The purpose of this chapter is to establish design guidelines and operating standards and procedures for the permitting of recycling facilities in order to implement the California Beverage Container Recycling and Litter Reduction Act and also to protect the surrounding properties from impacts related to the operation of such recycling facilities.

(Ord. 1161 § 1 (part), 1992)

18.108.020 - Definitions.

For the purpose of this chapter the following definitions shall apply:

A.

"Certified recycling facility or certified processor" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act.

B.

"Collection facility" is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not include the use of power-driven processing equipment except as indicated in Section 18.108.040. Collection facilities may include the following:

Reverse vending machine(s);

2.

Small collection facilities which occupy an area of not more than five hundred square feet, and may include:

a.

A mobile recycling unit,

b.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet,

c.

Kiosk type units which may include permanent structures,

d.

Unattended containers placed for the donation of recyclable materials;

3.

Large collection facilities which occupy an area of more than five hundred square feet and are located on a separate property not appurtenant to a host use, and which may have permanent structures.

C.

"Convenience zone" means any geographic area within one-half mile radius of a supermarket designated by the California Department of Conservation are requiring the presence of one or more recycling facilities, mobile recycling units, or reverse vending machines pursuant to the California Beverage Container Recycling and Litter Reduction Act.

D.

"Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.

E.

"Processing facility" means a building or enclosed space for the collection and processing of recyclable materials. "Processing" means the preparation of material for the efficient shipment, or to an end-user's specifications by such means as baking, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:

1.

A light processing facility occupies a site of no more than forty-five thousand square feet and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred compact or bale ferrous metals other than food and beverage containers.

2.

A heavy processing facility is any processing facility other than a light processing facility.

F.

"Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250. 11 and 25143.2(b)(4) of the California Health and Safety Code.

G.

"Recycling facility," for purposes of this chapter, means a center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or industrial/manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.

H.

"Reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans glass and plastic bottles and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary. A bulk reverse vending machine is a reverse machine that is larger than fifty square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

(Ord. 1161 § 1 (part), 1992)

18.108.030 - Permits required for recycling facilities. ¶

Recycling facilities may be located and operated in commercial and industrial zoning districts in conformance with the applicable development standards as set forth in Section 18.108.040 as follows:

A.

Reverse vending machines located entirely within a building do not require city review or approval. Reverse vending machines not including bulk reverse vending machines used in conjunction with a commercial use

may be located outside a building in the C-1, C-1A, C-2 and C-3 zones with approval of the director of development services.

B.

Small collection facilities and bulk reverse vending machines may be permitted in the C-1, C-1A, C-2, C-3, M-1 and M-2 zones with planning commission approval of a conditional development permit.

C.

Large collection facilities may be permitted in the C-3, M-1 and M-2 zones with planning commission approval of a conditional development permit.

D.

Light processing facilities may be permitted in the M-1 and M-2 zones with planning commission approval of a conditional development permit.

E.

Heavy processing facilities may be permitted in the M-2 zone with planning commission approval of a conditional development permit.

(Ord. 1234 (part), 1995: Ord. 1161 § 1 (part), 1992)

18.108.040 - Criteria and standards for recycling facilities. ¶

Reverse vending machines permitted with administrative approval by the planning director shall meet all of the applicable criteria and standards listed in this section. Those recycling facilities permitted with a conditional development permit shall meet the applicable criteria and standards, provided that the planning commission may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonable and necessary in order to implement the general intent of this section and the intent and purpose of this chapter. The criteria and standards for recycling facilities are as follows:

A.

Nonbulk reverse vending machines located outside of the host business:

1.

A maximum of three machines may be established in conjunction with a host business which is in compliance with the zoning requirements and the building and fire codes of the city;

2.

The machine(s) shall be located within thirty feet of the entrance of the host business and shall not obstruct pedestrian or vehicular circulation;

The machine(s) shall not occupy any parking spaces required by the host business;

4.

The machine(s) shall occupy no more than fifty square feet of floor area per installation including any protective enclosure, and shall be no more than a total of eight feet in height;

5.

Each machine shall be constructed and maintained with durable waterproof and rustproof materials;

6.

Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

7.

The maximum sign area shall be four square feet per machine, exclusive of operating instructions, and all signs shall be attached to the machine;

8.

Each installation shall be maintained in a clean and litter-free condition on a daily basis;

9.

The operating hours of each machine shall be at a minimum the operating hours of the host use;

10.

The installation shall be adequately illuminated to ensure comfortable and safe operation if the operating hours are between dusk and dawn.

B.

Small collection facilities and bulk reverse vending machines:

1.

The facility shall be established in conjunction with an existing commercial use located on a minimum two acre site and which is in compliance with the zoning requirements and the building and fire codes of the city;

2.

The size of the facility shall be no larger than five hundred square feet and occupy no more than five parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. The occupation of parking spaces by the facility and by the attendant may not reduce available

parking spaces below the minimum number required for the commercial uses on site, not shall the facility impair any required landscaped areas;

3.

The facility shall be setback a minimum of fifty feet from any street right-of-way and a minimum of fifty feet from any residentially zoned land or structures, and shall not obstruct pedestrian or vehicular circulation on the commercial site;

4.

Recycling facilities which are operated by an on-site attendant and located within one hundred feet of a property zoned or occupied for residential uses shall operate only during the hours of nine a.m. to seven p.m.;

5.

Each facility shall be screened from the public right-of-way by being located:

a.

Within a completely enclosed building, or

b.

On a portion of the site for the host commercial use which is not in view from any public street right-of-way, or

C.

Within an area screened along the sides and rear by decorative masonry walls at least six feet in height and with a landscaped planter having an interior dimension of at least three feet in width;

6.

The collection of materials shall be limited to glass, aluminum, plastic containers, papers and reusable household items. With the exception for reverse vending machines, there shall be no power-driven processing equipment used at the facility, such as crushers or bailers;

7.

The facility shall be provided with containers that are constructed and maintained with durable waterproof and rustproof materials, covered when site is not attended, secured from unauthorized entry or removal of material, and are of a capacity sufficient to accommodate the materials collected and the collection schedule;

8.

All recyclable materials shall be stored in containers or within the mobile unit vehicle, and shall not be left outside of containers when the attendant is not present. The facility shall be maintained in a clean, safe and

sanitary condition and kept free of litter, loose debris and pests on a daily basis;

9.

Noise levels generated by the facility shall not exceed sixty dBA as measured at the property line of a residentially zoned or occupied property, otherwise noise levels shall not exceed seventy dBA;

10.

Signs may be provided as follows:

a.

Containers shall be clearly marked to identify the type of material which may be deposited, shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and shall display a notice stating that no material shall be left outside the recycling enclosure or containers,

b.

In addition to the signs in subparagraph a of this subdivision, identification signs are permitted having a maximum sign area of twenty percent or sixteen square feet, whichever is larger. The color and design of the identification signs must be consistent with the character of the neighboring commercial development,

c.

Directional signs, bearing no advertisement message, may be installed with the approval of the director of development services if necessary and desirable to facilitate traffic circulation, or if the facility is not visible from the public right-of-way,

11.

The operator shall provide a quarterly report to the city engineer identifying the type and amount of materials recycled by the facility during the quarter, which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939);

12.

The placement and operation of the small collection facility shall be approved for a maximum one-year period in conjunction with the issuance of the business license. Prior to renewal of the business license in January of each year, the planning commission will review the approved facility during the preceding month of November to determine if the operator has complied with all conditions of approval of the conditional development permit. Renewal of the business license will be subject to approval of the planning commission. If the permit expires without renewal, the collection facility shall be removed from the site within seven days following permit expiration and the operator shall restore the site to its existing condition prior to the placement of the facility.

C.

Large Collection Facilities.

1.

The facilities for the collection of recyclable materials shall be located a minimum of one hundred fifty feet from any property zoned or planned for residential use. If the facility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not be in operation between hours of seven p.m. and seven a.m.;

2.

The facility and all storage areas shall be screened from the public right-of-way by being located:

a.

Within a completely enclosed building; or

b.

Within an area enclosed by decorative masonry walls and gates at least six feet in height and separated from any adjacent public right-of-way by a landscaped area a minimum twenty-five feet in width;

3.

All exterior storage of materials shall be baled, palletized or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. No storage, excluding truck trailers and enclosed storage containers, will be visible above the height of the masonry wall enclosure;

4.

Any containers provided for after-hours donation of recyclable materials shall be constructed and maintained with durable waterproof and rustproof materials, and have a capacity sufficient to accommodate the materials collected, and shall be secure from unauthorized entry or removal of materials. Donation areas will be kept free of litter and any undesirable material, and the containers must be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;

5.

The site shall be maintained free of litter and any other undesirable materials, and must be cleaned of loose debris on a daily basis;

6.

Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and provides for public safety;

7.

One on-site parking space shall be provided for each employee and each commercial vehicle operated by the recycling facility. The parking requirements for employees may be reduced by the planning commission when it can be determined that employees are transported to the facility in a company vehicle;

8.

Signs for the facility shall conform with the sign requirements for the zone as set forth in Chapter 18.102 (Regulation of Signs and Advertising Structures) and include the name and phone number of the facility operator and hours of operation;

9.

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material may be approved by the planning commission if noise and other conditions are met. Noise levels generated by the facility shall not exceed sixty dBA as measured at the property line of a residentially zoned or occupied property, otherwise noise levels shall not exceed seventy dBA;

10.

The operator shall provide a quarterly report to the director of public works identifying the type and amount of materials recycled by the facility during the quarter which will assist the city in determining the amount of solid waste diverted from its waste stream as required by the California Integrated Waste Management Act of 1989 (AB 939).

D.

Processing Facilities.

1.

The site for either a light or heavy processing facility shall be located a minimum of one hundred fifty feet from any property zoned or planned for residential use. If the facility is located within five hundred feet of property zoned, planned or occupied for residential use, it shall not be in operation between hours of seven p.m. and seven a.m.

2.

In the M-l zone a light processing facility shall be operated within a completely enclosed building, except for exterior storage areas which shall be enclosed on all sides by decorative masonry walls and gates at least eight feet in height and separated from any adjacent public right-of-way by a landscaped area a minimum twenty-five feet in width;

3.

In the M-2 zone, a light or heavy processing facility may operate within an area enclosed by decorative masonry walls and gates at least eight feet in height and separated from any adjacent public right-of-way by a landscaped area at least twenty-five feet in width;

4.

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

5.

All exterior storage of materials shall be baled, palletized or in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department. No storage, excluding truck trailers and enclosed storage containers, will be visible above the height of the masonry wall enclosure;

6.

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials. Noise levels shall not exceed sixty dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy dBA;

7.

The site shall be maintained free of litter and any other undesirable materials, and must be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties;

8.

Space shall be provided on site for ten vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the planning commission determines that allowing overflow traffic is compatible with surrounding businesses and provides for public safety;

9.

One on-site parking space shall be provided for each employee and each commercial vehicle operated by the recycling facility The parking requirements for employees may be reduced by the planning commission when it can be determined that employees are transported to the facility in a company vehicle;

10.

The site area for a light processing facility shall be no larger than forty-five thousand square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

11.

Any containers provided for after-hours donation of recyclable materials shall be constructed and maintained with durable waterproof and rustproof materials, and have a capacity sufficient to accommodate the materials collected, and shall be secure form unauthorized entry or removal of materials. Donation areas will be kept free of litter and any undesirable material, and the containers must be clearly marked to identify the type of material that may be deposited. The facility shall be display a notice stating that no material shall be left outside the recycling containers;

12.

13. (Ord. 1234 (part), 1995: Ord. 1161 § 1 (part), 1992)

Chapter 18.109 - EMERGENCY SHELTER OPERATION STANDARDS AND DEVELOPMENT CRITERIA

18.109.010 - Applicability. ¶

This chapter applies to each emergency shelter that operates within the city.

(Ord. No. 1642, § 9, 7-14-20)

18.109.020 - Purpose. ¶

The purpose of this chapter is to establish regulations applicable to emergency shelters operating within the city consistent with Government Code Section 65583(a)(4), which authorizes the city to establish development and management standards for emergency shelters.

(Ord. No. 1642, § 9, 7-14-20)

18.109.030 - Operational standards and development criteria. ¶

Emergency shelters shall be subject to and comply with the following standards and regulations:

A.

The maximum resident density shall be one resident per one hundred fifty square feet, up to a maximum of thirty residents in a single shelter.

B.

The maximum length of stay shall be six months.

C.

To avoid overconcentration of emergency shelter facilities, a minimum distance of three hundred feet shall be maintained from any other emergency shelter, as measured from the property line.

D.

Adequate waiting areas shall be provided within the premises for clients and prospective clients including ten square feet per bed, minimum one hundred square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

E.

Any new or existing structure proposed for use as an emergency shelter shall meet current California Building and Fire Code requirements. Facility improvements shall comply with the Rialto Municipal Code and the most currently adopted Building and Safety Code, specific to the establishment of dormitories.

F.

Off-street parking shall be provided at a ratio of one space per one thousand square feet of gross floor area, or one space for each employee on the largest shift plus one space for each facility vehicle plus three visitor spaces, whichever is greater. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients, and other visitors who drive to the premises.

G.

Bike rack parking shall be provided at the facility.

H.

Exterior fencing and lighting shall be provided for the entire outdoor and parking area of the property per the standards of Chapter 18.61, Design Guidelines.

I.

A shelter management and security plan shall be submitted as a part of the permit application to demonstrate adequate plans and capability to operate the facility in a safe and effective manner, including complete descriptions of the following:

1.

Plans and policies for daily operations and supervision of residents, including methods for providing for the safety of residents during operating hours.

2.

Security measures, including fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff.

The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, Chapter 18.35 of the Rialto Municipal Code (IP Industrial Park Zone) and the California Building and Fire Codes. The facility shall be subject to city inspections prior to the commencement of operation. In addition, the city may inspect the facility at any time for compliance with the facility's management plan and other applicable laws and standards.

K.

Emergency shelter operators shall obtain a city business license.

(Ord. No. 1642, § 9, 7-14-20)

Chapter 18.110 - REGULATION OF THE OFF-SALE OF ALCOHOLIC BEVERAGES

Sections:

18.110.010 - Findings, intent and purpose. ¶

A.

The city council finds and determines that the off-sale of alcoholic beverages is a high risk business which requires utilization of large amounts of city-provided services, and the need for these services may be substantially reduced by the development of specific and comprehensive zoning requirements designed to regulate the location and operation of establishments engaged in the off-sale of alcoholic beverages.

B.

The intent of this chapter is to provide standards, procedures and guidelines for the regulation of the zoning aspects of establishments engaged in the off-sale of alcoholic beverages. Where a provision of any other ordinance of the city is inconsistent with any of the provisions hereof, this chapter shall control and supersede any other such inconsistent provisions.

C.

The purpose of this chapter is to promote the public peace, health, welfare, safety and morals of the citizens of this community through the valid exercise of the city s police powers by establishing comprehensive site, location, development and other design standards in order to ensure the compatibility of establishments engaged in the off-sale of alcoholic beverages with neighboring commercial and residential land uses with respect to related access control, noise nuisances, litter and other potential negative impacts; developing a crime prevention plan for new or proposed establishments offering the offsale of alcoholic beverages; providing for the implementation of programs promoting employee and customer safety, the minimization of other related effects of crime upon the community through encouragement of adequate lighting and other security measures, and programs as endorsed by the city's police department.

(Ord. 1190 § 1 (part), 1993)

18.110.020 - Application. ¶

A.

The provisions of this chapter shall apply to the new development of, or the conversion of an existing building or structure into, an establishment offering alcoholic beverages for sale for off-site consumption.

B.

Except for Section 18.110.050, the provisions of this chapter shall also apply to any existing establishment engaged in the off-sale of alcoholic beverages that changes or proposes to change the type of license within the off-sale license classification or that increases or proposes to increase the square footage of the premises used for the sale of alcoholic beverages.

C.

Notwithstanding the foregoing, the following establishments are exempt from the provisions of this chapter and the provisions shall not apply to any of the following:

1.

Establishments containing fifteen thousand square feet or more of gross floor area that do not sell alcoholic beverages as their principal business;

2.

Establishments that engaged in the off-sale of alcoholic beverages prior to the effective date of the ordinance codified in this chapter; provided that such establishments comply with the following conditions:

a.

The establishment retains the same type of retail liquor license within a license classification, and

b.

The licensed establishment is operated continuously without substantial change in mode or character of operation. For purposes of this subdivision a break in continuous operation without change in mode or character of operation does not include:

i.

A closure for not more than thirty days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the premises used for the sale of alcoholic beverages;

ii.

The closure for restoration of premises rendered totally or partially inaccessible by an act of God or other accident beyond the control of the establishment, if the restoration does not increase the square footage of the premises used for the sale of alcoholic beverages and the restoration complies with and is permitted by all other applicable provisions of this code including, without limitation Chapter 18.60 of this title; or

iii.

A brewpub or microbrewery which has located at its premises or on property contiguous thereto a bona fide public eating place or establishment provided that the brewpub or microbrewery may only sell beer produced and bottled, or produced and packaged, or produced elsewhere and bottled or packaged on the premises of the brewpub or microbrewery for on-site and off-site consumption.

(Ord. 1243 § 1, 1996; Ord. 1190 § 1 (part), 1993)

(Ord. No. 1601, § 3, 6-26-18)

18.110.030 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings subscribed to them by this section:

A.

"Alcoholic beverage" is defined to mean and include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

B.

"Sell," "sale" or "to sell" are defined to mean and include any transaction whereby, for any consideration, an alcoholic beverage is transferred from one person to another, and also includes the soliciting, delivering, or receiving of an order for any alcoholic beverage.

C.

"License" means a license to sell alcoholic beverages issued by the Department of Alcoholic Beverage Control.

D.

"Crime prevention plan" means a written plan developed by the applicant in conjunction with the police department approved by the police chief which outlines and implements a crime prevention program of safety enhancement measures to be incorporated into the development of, or conversion into, an establishment offering the off-sale of alcoholic beverages.

E.

"Off-sale" means the sale of any alcoholic beverage, as that term is defined herein, whether or not in its original, sealed container, for consumption off the premises.

F.

"Brewpub" means a small licensed brewery with a restaurant which produces or packages beer to be sold in draft form exclusively at its premises for on-site and off-site consumption to the public, who may also

sell beer wholesale to any person holding a license authorizing the sale of beer.

G.

"Microbrewery" means a small licensed brewery operation that generally produces less than fifteen thousand barrels of beer annually for local and/or regional distribution provided that a restaurant is located at the premises or on property contiguous to the restaurant owned by the microbrewery, who may also sell beer wholesale to any person holding a license authorizing the sale of beer.

H.

Other words and phrases contained in this chapter with initial capitalization shall have the same meanings ascribed to them in any other pertinent sections in this Title 18.

(Ord. 1243 § 2, 1996: Ord. 1190 § 1 (part), 1993)

18.110.040 - Conditional development permit required.

When a site conforms with the site location and development standards set forth in Sections 18.110.050 and 18.110.060, respectively, of this chapter and is located within a zoning district of this city which otherwise permits all uses proposed, an establishment may additionally be permitted to engage in the offsale of alcoholic beverages only upon approval of a conditional development permit in accordance with the provisions of this chapter and Chapter 18.66.

(Ord. 1190 § 1 (part), 1993)

18.110.050 - Site location criteria.

A.

A business or establishment may not engage in the off-sale of alcoholic beverages unless it is to be located in accordance with the following site location criteria:

1.

Separation Distance from Schools. No such business shall be located within one thousand feet from the boundary of an existing public or private elementary, middle junior high or high school, preschool or kindergarten, or any such proposed school site as designated by the applicable school district's board of education or other governing body.

2.

Separation from Churches and Public Parks. No such business shall be located within five hundred feet of any existing church or public park.

3.

Separation from Residential Areas. No such business shall be located within one hundred feet of any existing residential dwelling or property zoned for any residential use.

4.

Separation Distances between Similar Establishments. There is no minimum separation distance required between establishments offering alcoholic beverages for sale for off-site consumption approved under the provisions of this chapter.

B.

For purposes of this section, all distances shall be measured by airline from the closest edge of any school, day care, church, or residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area of the establishment for off-sale of alcoholic beverages, whichever distance is shorter. Parking lot or parking area of an establishment for off-sale of alcoholic beverages refers to a lot or area maintained for the benefit of patrons of the establishment, or if multiple businesses are in the vicinity of the establishment, the parking area shall be determined by the area necessary to comply with the offstreet parking requirements of this code or that which is reasonably necessary to accommodate the anticipated parking needs of the establishment.

(Ord. 1190 § 1 (part), 1993)

(Ord. No. 1601, § 3, 6-26-18)

18.110.060 - Development standards. ¶

Establishments engaged in the off-sale of alcoholic beverages permitted under the provisions of Section 18.110.040 shall conform with the following development standards in addition to any other requirements applicable within the zone within which the use is proposed to be located:

A.

Drive-Throughs Prohibited. No sale of alcoholic beverages shall be made from a drive-in lane or drivethrough window.

B.

Frontage Requirements. A site for any such business shall have direct frontage along a major or secondary highway or city street or thoroughfare as designated on the city's master plan of streets and highways. If the site is a corner lot having frontage on two or more streets one of which is a major or secondary highway the adjacent street may be a designated collector street on said master plan. The site shall not have direct frontage onto a local residential street.

C.

Visibility. The location of any such business shall be such that it is fully visible from a public street with an unobstructed view from the public street for purposes of public safety.

D.

Sign Requirements. The premises on which such business is located shall be posted to indicate that it is unlawful for any person to drink or consume alcoholic beverages in any public place or posted premises in

accordance with Section 9.34.020.

E.

Employees. Employees on duty who sell alcoholic beverages, must be at least twenty-one years of age.

F.

Education of the Public. The management at each location engaged in the off-sale of alcoholic beverages pursuant to this chapter shall be responsible for educating the public regarding drunk driving laws and the related penalties for breaking those laws. This includes minimum age laws, open container laws and laws related to driving while under the influence of alcohol. This can be accomplished by posting prominent signs or decals, providing brochures at the point of purchase and providing adequate training for employees.

G.

Litter Control and Maintenance. The business licensee for the establishment shall be responsible to provide all of the following:

1.

A litter control program shall be established for the purpose of reducing litter both on the business site and minimizing the resulting impacts of litter on properties adjacent to the site.

2.

A building maintenance program shall be established for the purpose of maintaining the building structures and landscaping, if any, on site in good physical appearance.

(Ord. 1190 § 1 (part), 1993)

18.110.070 - Review and approval process. ¶

The following procedural steps shall be completed prior to the issuance of a grading or building permit for the development of, or conversion into, a proposed establishment intended for the off-sale of alcoholic beverages:

A.

At the time of submittal of the application for environmental review pursuant to Chapter 18.70, the applicant shall also submit a crime prevention plan, addressing the following issues:

1.

Measures to increase employee and customer safety;

2.

Enhanced security measures including security lighting, approval of an approved alarm system and any other crime prevention measures to be incorporated in the design and operation of the business. As part of

the required security measures, video security cameras shall be installed within the building;

3. Measures to control loitering;

4.

Any other crime related measures required by the police department which are intended to mitigate the costs of city-provided services for the proposed business of off-sale of alcoholic beverages. The appropriate crime prevention measures endorsed by the police department will be incorporated in the design and approval of the project and implemented as conditions of approval of the conditional development permit and precise plan of design.

B.

Conditional Development Permit. Following completion of the environmental assessment review and the police chief's recommendation for approval of the crime prevention plan, the applicant shall submit a complete application package for a conditional development permit in compliance with the existing policies and requirements.

C.

Precise Plan of Design. Concurrent with the application for a conditional development permit, the applicant shall submit a complete application for a precise plan of design with the community development department, which will review the precise plan of design and forward recommendations to the planning commission for incorporation into the conditional development permit.

(Ord. 1234 (part), 1995: Ord. 1190 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

The proposed outlet for the off-sale of alcoholic beverages would enhance or facilitate the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety; or

c.

The census tract in which the proposed outlet is located has a low population density in relation to other census tracts in the city, and the proposed outlet would not contribute to an over-concentration in the absolute numbers of outlets for the off-premises sale of alcoholic beverages in the area.

E.

Nothing contained in this section shall be deemed or construed as requiring the planning commission or city council to issue a determination under the provisions of this section. Under no circumstances shall a requestor for a determination under this section have a right to such determination, and nothing contained in this section shall be deemed or construed to confer upon any requestor a right to have a determination made for any particular site.

(Ord. No. 1601, § 3, 6-26-18)

Chapter 18.111 - WIRELESS TELECOMMUNICATIONS FACILITIES

Sections:

18.111.010 - Purpose.

The purpose of these requirements is to regulate the location and design of wireless telecommunications facilities as defined herein and to facilitate the orderly development of these facilities within the city of Rialto. These requirements are also intended to promote the public health, safety, convenience, and general welfare of the city's residents, and to protect property values and the aesthetic appearance of the city, by preserving views from obtrusive and unsightly wireless telecommunication facilities and accessory equipment.

B.

In adopting and implementing these requirements, it is the intent of the Rialto city council to create reasonable regulations in conformance with the provisions of the Telecommunication Act of 1996.

C.

These requirements are intended to supersede any otherwise applicable provisions of the Rialto Municipal Code pertaining to wireless telecommunication facilities and to establish minimum requirements for the regulation of wireless telecommunications facilities.

(Ord. No. 1456, § 1, 7-15-09)

18.111.020 - Definitions.

For purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meanings given herein. If a definition is not listed in this section of the code, Section 19.08 of the Rialto Zoning Code shall be referenced.

"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a wireless telecommunication facility to provide power to the facility or to receive, transmit, or store signals or information received by or sent from a facility.

"Antenna structure" means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

"Colocation" or "colocated" means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

"Commercial mobile service" means any mobile service that (1) is offered in return for monetary compensation, and (2) is available to the public or a substantial portion of the public.

"Constructed" or "construction" means erecting, locating, mounting or modifying.

"Ground mounted" means a wireless telecommunications facility that is mounted to a pole or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

"Mounted" means any manner of attachment, support, or connection, whether on ground or on a structure.

"Non-stealth facility" means any antenna structure that is not architecturally integrated with the building or structure to which it is attached or any facility that is not disguised to appear as another natural or artificial

object camouflaged.

"Roof mounted" means a wireless telecommunication facility that is mounted on any structure that is not specifically constructed for the purpose of supporting an antenna, in any manner that does not satisfy the definition of wall mounted, and is typically mounted on the roof of a building or other structure.

"Stealth facility" or "facility" means any wireless telecommunications facility which is disguised to appear as another natural or artificial object that exists in the surrounding environment or which otherwise is architecturally integrated into a building or other structure.

"Wall mounted" means a wireless telecommunication facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the facility is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

"Wireless telecommunications facility" or "wireless facility" or "facility" or "facilities" means an antenna structure and any accessory equipment located within the city limits and that is used in connection with the provision of commercial mobile services.

(Ord. No. 1456, § 1, 7-15-09)

18.111.030 - Applicability.

A.

Any facility, which is constructed or installed within the city of Rialto on or after the effective date of the ordinance codified in this chapter, shall comply with this chapter.

B.

Any facility for which building permits were issued by the city of Rialto and which was constructed or installed prior to the effective date of this chapter shall be subject to the regulations and guidelines of Section 18.60 of the Rialto Municipal Code, regulating nonconforming structures and uses.

C.

Any facility for which building permits and any extension thereof have expired, but which has not been constructed or installed shall comply with the provisions of this chapter.

D.

Any facility constructed, maintained or operated in violation of applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming structure and use and shall be subject to abatement as a public nuisance under the provisions therefore in the Rialto Municipal Code.

E.

The following uses shall be exempt from the provisions of this chapter, so long as the antenna structure complies with all other requirements of the zoning code:

1.

Any antenna structure designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.

2.

Any antenna structure designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

3.

Any antennae structure measuring one meter or less in diameter and used solely for connection with satellite dish television services.

(Ord. No. 1456, § 1, 7-15-09)

18.111.040 - Standards for wireless telecommunication facilities.

Any facility shall be constructed, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the city, county, state and federal government.

A.

Only stealth facilities shall be permitted, subject to approval of a conditional development permit.

B.

General Development Requirements. Any facility shall comply with all of the following requirements:

1.

It shall not bear any signs or advertising devices other than certifications, public safety warnings, or other seals required by law.

2.

Any and all accessory equipment, or other equipment associated with its operation, including but not limited to transmission cables, shall be located within a building, a walled enclosure, or underground vault, the design of which shall comply with the development standards of the zoning district in which such equipment is located.

3.

If accessory equipment is located above ground in a walled enclosure, such enclosure shall be visually compatible with surrounding buildings and be made of solid masonry block wall, or another approved material, in a design theme appropriate for the area as determined by the director of development services. Such enclosure shall be constructed and maintained to screen the accessory equipment from view.

4.

All exterior finishes for a facility, building or walled enclosure within which such facility is located, and accessory equipment shall consist of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, and/or landscaping.

5.

Any wall mounted or roof mounted facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached so as to appear a natural aesthetic extension of the building or structure design.

6.

No facility may be illuminated, unless specifically required by the Federal Aviation Administration or other authorized regulatory governmental agencies, with the exception of security and maintenance lighting approved by the director of development services.

7.

If a new facility will be colocated with an existing facility that is not a stealth facility, the existing facility shall be replaced with a stealth facility prior to colocation.

8.

All new facilities shall be designed for colocation, unless it is found that current technological requirements preclude colocation.

9.

The facility owner and operator, the property owner and the lessor or licensor of the property on which the facility is located shall record a deed restriction or other approved legally binding commitment consenting to future colocation of other facilities. Such consent shall be sufficient to bind future facility owners, operators and property owners, lessees and licensees.

10.

All applicable building, construction, and business permits shall be secured by the applicant prior to construction of a facility.

11.

No facility shall interfere with ingress or egress to, or with circulation within the property on which it is located.

12.

All facilities and accessory equipment shall comply with the setback requirements for the zone in which they are located.

A facility may be subject to right of way improvements at the discretion of the city engineer.

14.

No facility shall be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area, or area of landscaping so that it interferes with, or in any way impairs, the utility or intended function of such area.

15.

Any facility located on city property shall require a fully executed lease or license agreement between the city and the commercial mobile service provider prior to issuance of building permits for the facility.

C.

Specific Development Requirements.

1.

Ground Mounted Facility.

a.

A ground mounted facility shall be secured against access by the general public with a decorative concrete block wall. Vines shall be planted adjacent to the decorative wall to prevent graffiti. If vines are not provided, clear anti-graffiti material shall be applied to all areas subject to possible graffiti, unless it is demonstrated that adequate security and maintenance will assure prevention of graffiti.

b.

A landscaped planter (minimum five feet) shall be located and maintained adjacent to the outside of the decorative wall that secures a ground mounted facility. Landscape trees that frame and soften the visual impact of a ground mounted facility shall be provided within the landscape planter.

(Ord. No. 1456, § 1, 7-15-09)

18.111.050 - Locational preference. ¶

The location of a facility shall conform to the following:

A.

All facilities shall be located two hundred (200) feet away from any residential structure.

B.

The location of a facility shall be determined in accordance with the following sequence of preferential criteria:

Public property;

2.

Colocation with an existing facility, provided that the existing and proposed colocated facilities will be stealth;

3.

Attachment to an existing structure such as a building, steeple or utility apparatus;

4.

Location in an industrial, commercial or residential zoning district.

C.

All variations or reductions to these General Development requirements shall require the approval of a variance.

(Ord. No. 1456, § 1, 7-15-09)

18.111.060 - Application requirements. ¶

All wireless telecommunications facilities shall require a conditional development permit. Each applicant applying for such a Conditional Development Permit shall submit a completed application in accordance with the requirements in Chapter 18.66 of the Rialto Municipal Code, and such additional requirements as are made applicable by this chapter. In addition to the city submittal requirements for a conditional use permit otherwise required, the following information shall be submitted:

A.

The proposed location of the wireless telecommunications facility and all alternative locations considered for the facility, including the distance to the nearest property containing a residential structure.

B.

Written documentation explaining the rational for selection of the proposed location from the alternative sites, and explaining specific reasons for rejecting each alternative site.

C.

A discussion and map of facility locations anticipated to complete the applicant's projected ultimate network of facilities within the city and within two miles of city boundaries. The discussion shall include to the best extent possible an indication of facility networks needed by other providers of commercial mobile service and other colocation opportunities. The discussion shall include the applicant's facility design theme for the network, and other information that allows review and evaluation of the proposal's part in an ultimate network of facilities, and colocation opportunities.

D.

A map showing the area within the city of Rialto that will be serviced by the proposed facility and the nature of the service to be provided by the facility.

E.

A description of the any anticipated noise, and light emissions from the proposed facility; and a description of the typical maintenance and service requirements and schedule for the facility.

F.

Elevations, plan views or photographic simulations of the wireless telecommunications facility, accessory equipment and all other proposed site modifications with dimensions identified.

G.

The height of any existing or proposed structure(s).

H.

Location of existing or proposed easements on the property on which the facility is proposed to be located.

I.

A radio-frequency (RF) report prepared by a qualified RF engineer acceptable to the city to demonstrate that the proposed facility, as well as any colocated facilities, complies with current federal RF emission standards. This RF report shall also include signal strength exhibits.

J.

Computerized visual assessments or other equivalent exhibits acceptable to the director of development services showing before and after visual appearances of the proposed facility.

K.

If the facility is not proposed to be colocated, or not designed for colocation, the applicant shall provide information as required by the director of development services, including a report by a qualified engineer, demonstrating why the facility cannot be colocated or designed for colocation.

L.

Any other information required by the director of development services.

(Ord. No. 1456, § 1, 7-15-09)

18.111.070 - Required findings for wireless telecommunication facilities.

Wireless Telecommunications Facilities Findings. In addition to the required findings for conditional development permits contained in city of Rialto Municipal Code, the following findings are required for every wireless telecommunications facility:

That the proposed facility will provide a benefit to the city by its ability to provide additional communication capabilities;

B.

That the proposed facility will be a stealth facility and be aesthetically integrated into the design and landscaping of its site and surrounding land uses;

C.

That the proposed facility has been evaluated in the context of the ultimate anticipated network of facilities of both the applicant and other commercial mobile service providers so as to reduce the number of facilities needed to provide service to the city of Rialto;

D.

That the proposed facility has been located and designed for colocation to the maximum extent possible;

E.

That the proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the city and surrounding community;

F.

That the proposed facility will operate in compliance with all other applicable federal regulations for such facilities, including safety regulations; and

G.

That the public need for the use of the facility has been documented to the satisfaction of the director of development services.

(Ord. No. 1456, § 1, 7-15-09)

18.111.080 - Appeal.

All appeals from actions of the planning commission to the city council shall be filed in accordance with the requirements of the Rialto Municipal Code, including payment of required fees.

(Ord. No. 1456, § 1, 7-15-09)

18.111.090 - Facility removal.

A.

Discontinued Use. The operator of a lawfully erected facility, and the owner of the property on which it is located, shall within five business days notify the director in writing in the event that use of the facility is discontinued for any reason. For purposes of this paragraph, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following ninety (90) day period. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the

facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements.

B.

Abandonment. Any facility that is discontinued, inoperative or unused for a period of six continuous months shall be deemed abandoned. An abandoned facility shall constitute a public nuisance subject to abatement as provided in the Rialto Municipal Code.

(Ord. No. 1456, § 1, 7-15-09)

Chapter 18.112 - INDOOR STORAGE USES

18.112.010 - Purpose. ¶

This chapter establishes regulations for facilities that involve the indoor storage of goods, products, commodities, materials, supplies, and similar items for the primary purpose of supply chain distribution and fulfillment, referred to herein as "indoor storage facilities." The purpose of these regulations is to provide development and performance standards for siting and operating indoor storage facilities that are associated within distribution and fulfillment. The intent of these regulations is to minimize impacts to sensitive uses, such as residential uses, educational uses, and public parks and open space intended for public park and recreational use intended for public park and recreational use, and to protect the public health, safety, and welfare by controlling the design and location of indoor storage facilities.

(Ord. No. 1653, § 3, 1-26-21)

18.112.020 - Definitions.

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Fulfillment center" is a type of indoor storage facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e-commerce" retailers) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees.

"Indoor storage facility" means any building primarily used for the indoor storage of goods, products, commodities, materials, supplies, and similar items for the primary purpose of supply chain distribution and fulfillment, including storage warehouses and fulfillment centers.

"Storage warehouse" is a type of indoor storage facility whereby a building is primarily used for the indoor storage of goods, products, commodities, materials, supplies, and similar items and used for the bulk sale or bulk distribution of those goods to their direct customers or retail stores. Retail sales from the premises may occur in conjunction to the primary warehouse facility use.

(Ord. No. 1653, § 3, 1-26-21)

18.112.030 - Applicability. ¶

The requirements of this chapter shall apply to the establishment or modification of all indoor storage facilities in zoning districts in which the specific use is permitted. This chapter shall not apply to existing indoor storage uses or pending applications as of the effective date of the ordinance codified in this chapter. The continuation of existing indoor storage facilities shall be subject to the regulations and guidelines of Chapter 18.60 of the Rialto Municipal Code.

(Ord. No. 1653, § 3, 1-26-21)

18.112.040 - Locational provisions.

A.

Subject to the limitations of this chapter and planning commission approval of a conditional development permit, indoor storage facilities may be established within the following zones:

1.

Light manufacturing (M-1) zone.

2.

General manufacturing (M-2) zone.

3.

Airport-related planned industrial development (I-AR) zone of the Rialto Airport Specific Plan.

4.

Planned industrial development (I-PID) zone of the Rialto Airport Specific Plan.

5.

General manufacturing (I-GM) zone of the Rialto Airport Specific Plan.

6.

Medium industrial (M-IND) zone of the Agua Mansa Specific Plan.

7.

Heavy industrial (H-IND) zone of the Agua Mansa Specific Plan.

8.

Urban services (U-S) zone of the Central Area Specific Plan.

Industrial Park (I-P) zone of the Gateway Specific Plan.

10.

Freeway incubator (FI) zone of the Renaissance Specific Plan.

11.

Employment (EMP) zone of the Renaissance Specific Plan.

12.

Business Center (BC) zone of the Renaissance Specific Plan.

B.

New or modified storage warehouses larger than fifty thousand square feet in size and new fulfillment centers of any size, and the parcels of land in which they are located on, shall not be located adjacent to or across a street or intersection from any residentially used or zoned land or any existing public school, private school, public park, or public open space intended for public park and recreational use, except if the following findings can be made by the planning commission prior to approving a conditional development permit:

1.

All vehicle traffic shall be routed away from, and not pass, residentially used and zoned land, schools, parks, and open space intended for public park and recreational use intended for public park and recreational use intended for park use. If routing vehicles past these sensitive uses is unavoidable because no other routes exist or no other reasonable routes exist, the planning commission may allow an exception whereby it is determined that the routing and amount of traffic will not create a significant impact in the level of service or safety of the roadway and will not be disruptive to the sensitive uses that will be affected;

2.

Sufficient buffering with buildings and landscaping shall be provided on-site to screen residentially used and zoned land, schools, parks, and open space intended for public park and recreational use from truck access, parking, and vehicle, equipment, and similar other operations to the satisfaction of the planning commission. At a minimum, the setback and buffering provisions of Section 18.61.050(B) of the Rialto Municipal Code shall apply and shall be supplemented to protect adjacent uses and mitigate any negative effects;

3.

The placement and size of the building or buildings on the site shall not be imposing or overwhelming to any residentially used and zoned land, schools, parks, and open space intended for public park and recreational use that is adjacent to the proposed development. Methods to reduce the bulk, mass, and height of buildings shall be used including, but not limited to, reducing building heights, breaking large buildings into multiple buildings, lowering the grade or eliminating grade differentials relative to adjacent properties, and similar techniques; and,

4.

The location of truck courts and other areas of operational activity on the site shall be located away from and not be visible or disruptive to any residentially used and zoned land, schools, parks, and open space intended for public park and recreational use that is adjacent to the proposed development.

(Ord. No. 1653, § 3, 1-26-21)

Chapter 18.113 - SINGLE-FAMILY TWO-UNIT PROJECTS

18.113.010 - Purpose. ¶

The purpose of this chapter is to allow and appropriately regulate single-family two-unit projects pursuant to Government Code Section 65852.21.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

18.113.020 - Definition. ¶

A "two-unit project" means the development of two primary dwelling units, or if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot pursuant to the requirements of this chapter.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

18.113.030 - Application.

A.

An application for a two-unit project shall be submitted on a city application form.

B.

The applicant shall obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

C.

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty days following application submittal.

D.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the development code, pursuant to applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

18.113.040 - Approval.

A.

An application for a two-unit project is approved or denied ministerially, by the community development director, without discretionary review.

B.

The ministerial approval of a two-unit project does not take effect until the city has confirmed that all required documents have been recorded, such as the deed restriction and easements.

C.

The approval shall require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this municipal code.

E.

An application for a two-unit project is denied if it does not meet the requirements of this chapter, or a finding of a specific, adverse impact is made pursuant to Section 18.113.050(1).

F.

The community development director's decision to approve or deny an application for a two-unit project is final and non-appealable.

On a lot that is smaller than two thousand square feet in area, no new primary dwelling unit may exceed two stories or twenty-two feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling unit that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

c.

No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot with a two-unit project.

4.

Demolition Cap. The two-unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unit unless the site has not been occupied by a tenant in

the last three years.

5.

Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot of eight hundred square feet each.

6.

Setback Requirements.

a.

Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.

b.

Exceptions. Notwithstanding Section 18.113.050(F)(6)(a) above:

i.

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

Minimum Requirement Limitations. The minimum setback requirements shall not be applied in a manner that will preclude construction of two eight hundred square foot units with no less than four-foot side/rear setbacks. The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least eight hundred square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

c.

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:

i.

Be kept free from all structures greater than three and one-half feet high; and

ii.

Allow for vehicular and fire-safety access to the front structure.

d.

Contact information for the project manager (for construction-related complaints), and

e.

Contact information for the building and safety division.

This notice requirement does not confer a right on the noticed persons or anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

K.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

2.

Expressly prohibits any non-residential use of the lot.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

States that the property was developed as a two-unit project and is therefore subject to the city's two-unit project regulations, including all applicable limits on dwelling size and development.

L.

Specific Adverse Impacts.

1.

Notwithstanding anything else in this section, the community development director may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2.

"Specific adverse impact" has the same meaning as in Government Code Section 65589.5(d)(2): "A significant, quantifiable, direct, and unavoidable impact based on objective identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2.

The city may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law of the city's code.

(Ord. No. 1665, § 3(Exh. B, § 1), 2-8-22)

Chapter 18.115 - MARIJUANA USES AND ACTIVITIES PROHIBITED

18.115.010 - Purpose and intent.

A.

In order to preserve the public health, safety, and welfare of the residents and businesses of the city, all marijuana-related businesses, activities and uses are prohibited in the city, unless local control is otherwise preempted by state law, and except as provided for by Chapter 9.53 ("Personal Marijuana Cultivation").

This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Section 11362.5 of the Health and Safety Code.

C.

The city affirms that Title 18 ("Zoning") of the Rialto Municipal Code is structured as a permissive zoning code, consistent with Rialto Municipal Code Section 18.02.030 which provides that "[a]ny use that is not permitted expressly by any provisions of this title shall be prohibited," and the prohibitions on commercial marijuana activities imposed by this Chapter 18.115 are enacted to fully comply with requirements of state law when a city desires to prohibit commercial marijuana activities.

(Ord. No. 1594, § 4, 11-28-17)

18.115.020 - Definitions.

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Cannabis" has the same definition as "marijuana" provided in this chapter.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.53 ("Personal Cultivation of Marijuana") of this code.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer, and includes the use of any technology platform owned and controlled by the same person making such use.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed for and/or engaged in commercial marijuana activities.

"Distributor" means a person engaged in distribution.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

"Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.

"Marijuana" has the same definition as provided in Section 26001 of the Business and Professions Code for the term "cannabis," and as may be amended, defined as "all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether

crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination."

"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated marijuana, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

"Medical marijuana" or "medical marijuana product" means marijuana or a marijuana product used for medical purposes in accordance with state law, including the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq.).

"Microbusiness" shall have the same definition as provided for in Section 26070 of the Business and Professions Code, and as may be amended from time to time.

"Nursery" means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana.

"Person" means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Retailer" shall mean a person engaged in the retail sale and delivery of marijuana or marijuana products to customers.

"Testing laboratory" means a laboratory, facility, or entity that offers or performs tests on marijuana or marijuana products.

(Ord. No. 1594, § 4, 11-28-17)

18.115.030 - Prohibition of commercial marijuana activities.

A.

All commercial marijuana activities, whether medical or recreational (adult use) and including non-profit operations, are expressly prohibited in all zones (except for as preempted by state law). No person shall establish, operate, conduct, or allow commercial marijuana activities anywhere within the city except for as preempted by state law.

B.

The city shall not issue any permit, license, or entitlement for any commercial marijuana activity (except for as preempted by state law), including, but not limited to, any activity covered by the state license classifications listed below as provided for in Section 26050 of the Business and Professions Code:

1.

Type 1 = Cultivation; specialty outdoor; small.

Type 1A = Cultivation; specialty indoor; small.

Type 1B = Cultivation; specialty mixed-light; small.

Type 1C = Cultivation; specialty cottage; small.

Type 2 = Cultivation; outdoor; small.

Type 2A = Cultivation; indoor; small.

7.

Type 2B = Cultivation; mixed-light; small.

Type 3 = Cultivation; outdoor; medium.

9.

Type 3A = Cultivation; indoor; medium.

Type 3B = Cultivation; mixed-light; medium.

Type 4 = Cultivation; nursery.

Type 5 = Cultivation; outdoor; large.

Type 5A= Cultivation; indoor; large.

Type 5B = Cultivation; mixed-light; large.

Type 6 = Manufacturer 1.

16.

Type 7 = Manufacturer 2.

Type 8 = Testing laboratory.

Type 10 = Retailer.

Type 11 = Distributer.

Type 12 = Microbusiness.

C.

This prohibition includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical or recreational (adult use) marijuana commercial activities, or similar operations, including non-profit, collective or cooperative operations.

D.

The prohibition provided by this section includes medical marijuana collectives and cooperatives that operate pursuant to Section 11362.775 of the Health and Safety Code, the Compassionate Use Act, or otherwise.

(Ord. No. 1594, § 4, 11-28-17)

18.115.040 - Violations and penalties; public nuisance. ¶

A.

Any violation of this chapter is punishable pursuant to Chapters 1.10 and 1.16 of this code, except for as preempted by state law.

B.

Public Nuisance Abatement.

1.

Any commercial marijuana activity that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in

accordance with the procedures set forth in Chapter 18.72 of this code as reasonably applied to the enforcement of this chapter.

2.

All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.

3.

Any appeal to a determination that commercial marijuana activity constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 18.72 of this code.

C.

The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.