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HomeMy WebLinkAboutOrdinances_2934URGENCY ORDINANCE NO 2934 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS PURSUANT TO GOVERNMENT CODE SECTION 65858 ADOPTING A TEMPORARY 45-DAY MORATORIUM ON NEW WAREHOUSE AND DISTRIBUTION FACILITY DEVELOPMENT PROJECTS FOR PROPERTIES LOCATED WITHIN THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS (TITLE 18 OF THE REDLANDS MUNICIPAL CODE) AND THE COMMERCIAL AND INDUSTRIAL DISTRICTS OF SPECIFIC PLAN AREAS IN THE CITY OF REDLANDS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1 Purpose and Urgency Findings. In accordance with California Government Code section 65858, and in order to protect the public health, safety, and welfare, the City Council of the City of Redlands finds as follows A. The City of Redlands ("City") is currently experiencing rapid and unabated construction of industrial development projects, specifically large warehouse and distribution facilities, some of which are proposed to be located near residential neighborhoods, as well as near numerous other properties that are now included in the City's 2021-2029 Housing Element that have been identified to accommodate the City's share of the Regional Housing Needs Assessment ("RHNA") Large warehouse and distribution facilities can generate unique environmental impacts on surrounding properties and the larger community, including hundreds or thousands of trips by large trucks (including tractor -trailers) at all hours throughout the day and night, greenhouse gas emissions and air quality impacts associated with vehicle trips, noise impacts from on -site operations and off -site tractor -trailer trips on City streets, and other potential effects upon sensitive receptors such as residences, schools, daycare centers, and such other locations. B The City has the police power, pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent such regulations are not in conflict with the general laws of the State of California. C Government Code Section 65858 expressly authonzes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time, provided that the urgency ordinance shall require a four -fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended. D In light of the recent and rapid expansion of e-commerce and associated industrial development projects, including large warehouse and distribution facilities, the City Council 1 I:\Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratorium.doc finds that the following adverse public safety, health, and welfare impacts are of real concern. i. Increased safety risk for smaller vehicles, pedestrians, and bicyclists, ii. Damage to City streets and property/facilities from collisions (reported and unreported), such as street lights, traffic signal equipment, signs, trees, curbs, medians, etc., iii. Traffic congestion and reduced levels of service on streets and at intersections, iv Increased impacts from improperly over -loaded trucks, v Deterioration in air quality, health, noise, vibration and increase in other disruptions to the peace and quiet necessary to the enjoyment of residential neighborhoods and efficacy of educational uses, and E Because of the actual and potential detrimental impacts of warehouse and distribution uses upon the City, which impacts may not be presently adequately addressed by the City's current ordinances and zoning regulations, there is a need to impose a temporary moratorium on warehouse and distribution uses in order to study and develop policy guidance and potentially implement changes to the City's zoning regulations. F Adoption of this urgency ordinance establishing an interim prohibition/ moratorium on land use approvals and building peiruits for new construction of warehouses and distribution facilities will allow the City sufficient time to study the land use and environmental impacts of such development projects, as well as allow for a deliberate approach to study and develop appropriate policies, development standards, and effective conditions of approval to mitigate the impacts of large warehouses and distribution facilities. The list below identifies some of the tasks that City staff will undertake during the moratorium. Evaluate the operating characteristics of different types and sizes of warehouses and distribution facilities to better understand land use impacts, and develop appropriate policies, development standards, and/or operating conditions that can alleviate land use conflicts or impacts. ir. Evaluate the City's existing zoning districts that permit warehouse and distribution facilities, identify the proximity to existing sensitive receptors and residential zones, and identify appropriate development standards and/or operating conditions for warehouse/distribution facilities to buffer adjacent land uses (such as screening or landscaping, hours of operation, air quality mitigations or design features, intensity of use, number of large truck trips per day, designated routes for large trucks, etc.) iii. Evaluate the City's designated Truck Routes, and examine whether existing truck routes must be modified or improved to accommodate the volume and frequency of large truck trips (including roadway segments, intersections, traffic signals and signage, etc.), and ensure the best protection of the abutting or nearby residential neighborhoods and educational land uses. iv Evaluate the locations of existing points of origin and destination for large trucks, develop land use recommendations and preferences for locating large warehouses and distribution facilities, and examine the need for any changes to land use designations or zoning designations. 2 L\Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratorium.doc G Accordingly, the City desires to establish, on an urgency basis, a temporary moratorium on certain types of new warehouse and distribution facility development projects within certain areas of the City through the adoption of this urgency ordinance, to further the purposes stated herein. Section 2. Moratorium. A. Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, no land use approval or building permit may be issued for any new development projects for warehouse/distribution facilities that exceed 50,000 square feet of gross floor area and are situated on properties within the zoning districts and specific plan areas listed below for the effective period of this urgency ordinance; excepting therefrom any permits for additions, tenant improvements, repairs, maintenance, signs, and the like on existing permitted uses. Title 18 zoning districts and other Specific Plan areas subject to this moratorium shall include: Commercial Industrial (C-M) District; Industrial (I-P) District; Light Industrial (M-1) District; General Industrial (M-2) District; East Valley Corridor Specific Plan (all districts), Downtown Specific Plan (all districts), Specific Plan No 25 (all districts), Concept Plan No 1, Concept Plan No 2, and excluding the fifteen properties identified as Assessor's Parcel Numbers 0292-163-02-0000, 0292-163-03-0000, 0292-165-05-0000, 0292-165-06-0000, 0292-165-07- 0000, 0292-165-08-0000, 0292-165-09-0000, 0292-165-16-0000, 0292-165-17-0000, 0292-167- 02-0000, 0292-167-07-0000, 0292-167-28-0000, 0292-167-29-0000, 0292-167-30-0000, and 0292-201-20-0000 as listed in Exhibit "A" attached hereto B Any projects which have received full entitlements, including all necessary CEQA approvals, for warehouse or distribution facility projects and have commenced substantial construction or incurred expenses in connection with such construction prior to the effective date of this urgency ordinance, and for which all applicable appeal periods have run, shall be considered exempt from application of this urgency ordinance. Section 3 Immediate threat to health, safety, and welfare. Based on the findings herein, this urgency ordinance is adopted pursuant to California Goverment Code section 65858 to address a current and ongoing threat to the public health, safety, and welfare. The City Council has determined that granting land use approvals or building permits for new development projects for warehouse or distribution facilities on properties that exceed the above - described square footage and are located within the above -described zoning districts and specific plan areas could result in an immediate threat to the public health, safety, and welfare. Section 4 Written Report. Pursuant to Government Code Section 65858, staff must prepare for consideration and issuance by the City Council a written report describing measures taken to address the condition which led to the adoption of this urgency ordinance. The report will be provided to the City Council so that it may be considered and issued no later than ten (10) days prior to the expiration of this urgency ordinance. Section 5 Effective Period. In accordance with California Government Code section 65858, this urgency ordinance shall be in full force and effect for a period of forty-five (45) days 3 L\Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratoiium.doc from the date of its adoption. This period may be extended by the City Council in accordance with the provisions of California Government Code section 65858 Section 6 Conflicting Laws. For the term of this urgency ordinance, as set forth in Section 5 above, the provisions of this urgency ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution, or policy Section 7 Exempt from Environmental Review The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds as follows A. Pursuant to Section 15378(b)(5) of the California Environmental Quality Act ("CEQA"), this urgency ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this urgency ordinance is exempt from CEQA review because there is no possibility that the moratorium may have a significant effect on the environment, insofar as it prohibits the construction of certain warehouse and distribution facilities within the City Furthermore, even if the urgency ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on such warehouse and distribution facilities. Accordingly, no further environmental review is necessary B Further, as the urgency ordinance is an administrative procedure related to uses, facilities, and regulations, and given that the proposed urgency ordinance is not related to a specific project, the urgency ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern, (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this urgency ordinance. Section 8 Enforcement. The City may enforce any provision of this urgency ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 9. Urgency Ordinance. This ordinance is an urgency ordinance and shall take effect and be enforced immediately upon adoption by a four -fifths (4/5) vote of the City Council. Section 10. Severability If any provision of this urgency ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the urgency ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this urgency ordinance are severable 4 I:\Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratorium.doc The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof By enacting this urgency ordinance, the City ordains that nothing herein shall be deemed to conflict with or duplicate federal or state law, or otherwise or to license any activity that is prohibited thereunder except as mandated by such laws Section 11. Publication and Posting The Mayor shall sign this urgency ordinance and the City Clerk shall certify to the adoption of this urgency ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law i Paul T Banch, Mayor ATTEST anne Donaldson, City Clerk 5 I \Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratorium.doc I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of June, 2022 AYES. Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Barich NOES None ABSENT None ABSTAINED None Donaldson, City Clerk EXHIBIT "A" List and Map of Properties Excluded from this Urgency Ordinance Assessor's Parcel Numbers 0292-163-02-0000 0292-163-03-0000 0292-165-05-0000 0292-165-06-0000 0292-165-07-0000 0292-165-08-0000 0292-165-09-0000 0292-165-16-0000 0292-165-17-0000 0292-167-02-0000 0292-167-07-0000 0292-167-28-0000 0292-167-29-0000 0292-167-30-0000 0292-201-20-0000 [Map Attached] 7 I:\Ordinances\Nos 2900-2999 in Word\2934 Urgency Ordinance Warehouse Moratorium.doc dot 44. NW fit',- r. s' yr S'IRbANN;I CT �---0 92 21,6302- riri' II4' I II I ..4 • :% ' fi • • , et4 'V w Y �.� I1 • �,.m..�$ _sag .��. G F` Asa . ' m ., firau _ 31, ,�,.., f 1 a t fit! -AVE. - �- -0292 6505 ., 4,0 agyrvillic 029216506 , - 029216507g+k 0292165O84 iMaa�.�s Yb *Nil r 994- �� �T i". .. , . ewe-•---._"""_` wlt7 i+r ynli■lir ORANGE AVE f t t +c. rr 4- r_. , +sr 4 ea - Wars, I 1,' xr.b I". e.: J'� 'L._ 'fin STATE!ST" • r 1r ry1 .. • ..� r li J ti. t - F f 'TI r f i i7 i'. 1 , II .... .} } .�.. --'1f - i J t Imo_ Rezone Parcels Parcels May 25 2022 Exhibit A Parcels Exempt From Interim Prohibition/Moratorium on New Warehouses and Distribution Facilities