For City Council Meeting July 22, 2025
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Tim Sullivan, Assistant City Manager
Title
Request City Council to Introduce for First Reading Ordinance No. 1701 Adding Exceptions to the Street Cut Moratorium, to Amend Section 11.04.145 of the Rialto Municipal Code, Reading by Title Only and Waiving Further Reading Thereof.
(ACTION)
Body
Recommendation
Staff recommends that the City Council:
1) Introduce the Ordinance “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA AMENDING SECTION 11.04.145 (MORATORIUM ON TRENCH CUTS IN NEWLY PAVED STREETS) OF CHAPTER 11.04 (IMPROVEMENTS) OF TITLE 11 (STREETS AND SIDEWALKS) OF THE RIALTO MUNICIPAL CODE, TO ADD EXCEPTIONS TO THE STREET CUT MORATORIUM,” by title only and waive further reading; and,
2) Provide any other direction as determined appropriate.
BACKGROUND:
On May 9, 2017, the City Council adopted Ordinance No. 1589, enacting Section 11.04.145 (Moratorium on trench cuts in newly paved streets). The moratorium applies to newly paved streets, alleys, and public places to minimize pavement degradation, maintain structural integrity and smooth surfaces, and limit negative visual impacts.
ANALYSIS/DISCUSSION:
The ordinance has been effective at minimizing the impacts of trench cuts on newly built or slurried streets. However additional exceptions to the moratorium are necessary for the efficient application of the moratorium, and should include repairs and new service tie-ins to reduce the financial burden on homeowners who are performing sewer and water repairs or converting from septic to sewer.
Namely, staff recommends that the following exceptions be added:
• Replacement or repair of an existing water or sewer service lateral for single-family residential units.
• Utility repairs resulting from homeowner improvements or emergency needs.
• Service for existing single-family residential units pursuing septic-to-sewer conversion.
This will assist in the construction of single-family homes, removing a barrier to increasing the City’s housing stock.
Additionally, staff recommends adding appeal provisions for denials of moratorium exceptions for single-family residential units.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY:
This action is consistent with Guiding Principle 2B in the General Plan:
Infrastructure keeps pace with our growth. Every act of construction will result in the improvement and enhancement of both the public and private realms.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the ordinance amendment and approved it as to form.
FINANCIAL IMPACT:
Operating Budget Impact
There is no financial impact by approving this Ordinance; however, the City could incur additional maintenance costs relative to the areas where exceptions are granted in order to minimize pavement degradation, maintain structural integrity and smooth surfaces, and limit negative visual impacts.
Capital Improvement Budget Impact
There is no impact to the Capital Improvement budget.
Licensing
A Business License application and payment of a Business License tax are not required for this action.