For City Council Meeting [August 12, 2025]
TO: Honorable Mayor and City Council
APPROVAL: Tanya Williams, City Manager
FROM: Christina Taylor, Interim Community Development Director
Title
Request City Council Set a Public Hearing for September 9, 2025, to Consider Adoption of an Ordinance (Zoning Code Amendment No. 25-0001) Amending portions of Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code to ensure compliance with California State Assembly Bill 98.
Body
RECOMMENDATION:
Staff recommends that the City Council:
1) Set a Public Hearing for September 9, 2025, to consider adoption of an ordinance (Zoning Code Amendment No. 25-0001) amending portions of Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code to ensure compliance with California State Assembly Bill 98, in accordance with the process provided by Government Code Section 65853.
APPLICANT:
City of Rialto, 150 S. Palm Avenue, Rialto, CA 92376.
BACKGROUND:
In September 2024, Governor Gavin Newsom signed Assembly Bill 98 (AB 98) into law, establishing environmental and design standards for logistics facilities (warehouses, distribution centers, fulfillment centers, etc.) near sensitive receptors (residences, parks, schools, etc.) to mitigate impacts on air quality, noise, and traffic. A copy of AB 98 is attached as Attachment 1.
AB 98 identified the City of Rialto as being within a “Warehouse Concentration Region”. Cities within the “Warehouse Concentration Region” are required to incorporate the provisions of AB 98 into their municipal codes by January 1, 2026. As a result, the Planning staff has analyzed the provisions of AB 98 and crafted a Draft Ordinance for review and consideration by the City Council.
ANALYSIS/DISCUSSION:
In accordance with Government Code Section 65853, the City Council is to set the matter for public hearing. A more comprehensive staff report will follow once the hearing has been set. The Public Hearing Notice is included in this staff report as Attachment 2.
GENERAL PLAN CONSISTENCY:
The proposed action will create a public review process for an amendment to the text of Chapter 18.112 (Indoor Storage Uses) of the Rialto Municipal Code. As such, it is consistent with the following City of Rialto General Plan policies:
Guiding Principle: Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
ENVIRONMENTAL IMPACT:
The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15378 of the California Environmental Quality Act, 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. A project does not include:
• Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
The Planning Division will file a Notice of Exemption with the Clerk of the Board of San Bernardino County in accordance with CEQA upon completion of the Ordinance.
LEGAL REVIEW:
The City Attorney has reviewed this staff report and approved the Notice of Public Hearing as to form.
FINANCIAL IMPACT:
Operating Budget Impact
The Ordinance will not result in any impact to the City’s operating budget.
Capital Improvement Budget Impact
The Ordinance does not include any development; therefore, there are no financial costs associated with the Ordinance.
Business License
The adoption of an Ordinance does not require a business license.