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HomeMy WebLinkAboutOrdinances_2928URGENCY ORDINANCE NO 2928 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 CERTAIN NEW DEVELOPMENT PROJECTS FOR PROPERTIES LOCATED WITHIN THE COMMERCIAL INDUSTRIAL (EV/IC) DISTRICT OF THE EAST VALLEY CORRIDOR SPECIFIC PLAN THAT ARE IDENTIFIED ON THE LIST OF POTENTIAL HOUSING SITES PREPARED IN CONJUNCTION WITH THE CITY'S 2021-2029 HOUSING ELEMENT (6TH CYCLE HOUSING ELEMENT UPDATE) THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS Section 1 Purpose and Urgency Findings. A. The City of Redlands has prepared and adopted an update to its Housing Element (a part of the City's General Plan) known as the 6th Cycle Housing Element Update. This is the statewide effort by many cities and counties as mandated by the California Department of Housing & Community Development (HCD) Through this statewide process, HCD, through regional agencies such as the Southern California Association of Governments, allocates a specified number of new housing units to each jurisdiction, and the jurisdiction must then plan accordingly and provide a sufficient amount of land zone properly to accommodate the jurisdiction's allotment. This process occurs during a Housing Element Update cycle every eight years. Furthermore, HCD specifies time limits within which a Housing Element Update cycle must be completed, and provides penalties for jurisdictions that do not complete their Housing Element Update within the State's deadlines. B The City of Redlands has prepared and adopted its Housing Element(6t11 Cycle Housing Element Update) and, in so doing, has prepared a housing inventory and map for future potential housing sites throughout the City with sufficient acreage to accommodate the City's required number and density of housing units (known as the Regional Housing Needs Assessment or "RHNA" number) Some of the identified potential housing sites are within an Industrial land use and/or zoning district(s) and will require rezoning to authorize residential development as a permitted land use and at a density sufficient to comply with State requirements. C A critical housing shortage is a statewide and regional concern. California is currently experiencing a housing supply crisis, with housing demand exceeding supply This lack of housing supply in California has resulted in dramatically increasing housing costs across the State and an increased risk that households will be unable to find available and affordable housing. As such, the City's ability to identify potential local housing sites within the Industrial land use and/or zoning district(s) in the City to be rezoned to residential development as a permitted land use and at a density sufficient to comply with State requirements and consistent with the City's adopted Housing Element is a matter of critical and immediate local concern. The 1 I:\Ordinances\Nos 2900-2999 in Word\2928 Urgency Ordinance Housing Element Rezone.doc City's ability to identify sufficient land area with appropriate zoning to accommodate new housing for all persons at all income levels is a matter of public health, safety, and general welfare. D To protect the City's ability to comply with State law and implement its 2021- 2029 Housing Element in accordance with HCD content requirements as well as time limits, and in order to facilitate the development of sufficient local housing to alleviate the regional and statewide housing crisis, City staff needs time to re -zone certain properties from an Industrial zoning to a different (Residential) zoning designation to accommodate future housing, to study if certain properties will need to change its land use designation under the General Plan to permit residential land uses (i.e., from Industrial to Residential for consistency with zoning as required by existing State law), to study the surrounding land uses and other characteristics of properties identified on the list of future housing sites, and study the process by which future housing projects (including lower -income housing, affordable housing, projects with a State density bonus, and/or market rate housing projects) may be subject to discretionary review and at what level. E. 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. F Government Code Section 65858 expressly authorizes 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. Section 2 Interim Prohibition. A. In accordance with the authority granted to the City under Government Code Section 65858 and pursuant to the findings stated herein, for a period of forty-five (45) days from the date of adoption of this urgency ordinance, no land use approvals and building permits for new construction may be approved or issued on properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan identified in Exhibit A, except for multi -family housing developments in the Low and Very -Low Income density category (minimum density 30 du/ac) and Moderate -Income density category (density between 12 du/ac to 30 du/ac) at locations consistent with the City of Redlands 2021-2029 Housing Element. B Any projects which have received full entitlements, including all necessary CEQA approvals, for new construction on properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan identified in Exhibit A, except for multi -family housing developments in the Low and Very -Low Income density category (minimum density 30 du/ac) and Moderate -Income density category (density between 12 du/ac 2 I:\Ordinances\Nos 2900-2999 in Word\2928 Urgency Ordinance Housing Element Rezone.doc to 30 du/ac), at locations consistent with the City of Redlands 2021-2029 Housing Element prior to the effective date of this urgency ordinance, and that have commenced substantial construction or incurred expenses in connection with such construction, and for which all applicable appeal periods have run, shall be considered exempt from application of this urgency ordinance. C Based on the findings set forth herein, no land use approval or building permit may be issued or approved for any new development including warehouse/distribution facilities or other commercial/industrial land uses on properties within the Commercial Industrial (EV/IC) District of the East Valley Corridor Specific Plan that have been identified as housing sites to meet the requirements of the Regional Housing Needs Assessment (2021-2029 Housing Element) for the effective period of this urgency ordinance. Section 3 Urgency Findings. A. Based on the findings herein, this urgency ordinance is adopted pursuant to California Government Code section 65858 to address a current and ongoing threat to the public health, safety, and welfare. There is a critical housing shortage regionally and statewide with the demand for housing exceeding supply This lack of housing supply in California has resulted in dramatically increasing housing costs across the State and makes difficult the ability of households to find available and affordable housing. As such, it is of critical importance that the City take the necessary actions to rezone Industrial land use and/or zoning district(s) in the City for residential development as a permitted land use and at a density sufficient to facilitate the development of local housing to alleviate the regional and statewide housing crisis and comply with State requirements and the City's adopted Housing Element. B For these reasons, the City Council has determined that granting land use approvals or building permits for new commercial or industrial developments including warehouse/distribution facilities on properties within the Commercial Industrial (EV/IC) District of the East Valley Corridor Specific Plan in the City of Redlands that have been identified on the list of housing sites to meet the requirements of the Regional Housing Needs Assessment (in conjunction with the 6th Cycle Housing Element to update the City's mandatory Housing Element of the General Plan) would result in a threat to the public health, safety, and welfare. Section 4 Written Report. Pursuant to Govermnent 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 ordinance shall be in full force and effect for a period of forty-five (45) days 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 3 I.\Ordinances\Nos 2900-2999 in Word\2928 Urgency ordinance Housing Element Rezone.doc Section 7 California Environmental Quality Act. The City Council has reviewed the matter, and based upon facts and information contained in the staff report, administrative record, 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 granting land use approvals or building permits for new commercial or industrial developments including warehouse/distribution facilities on properties within the Commercial Industrial (EV/IC) District of the East Valley Corridor Specific Plan. 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. 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 10. 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 pursuant to the Government Code Section 65858, and shall take effect and be enforced immediately upon adoption by four -fifths (4/5) vote of the City Council. Section 8 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. 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. 4 I:\Ordinances\Nos 2900-2999 in Word\2928 Urgency Ordinance Housing Element Rezone.doc 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 withm the City, and thereafter, this ice shall take effect in accordance with law Paul T Barich, Mayor ATTEST nne Donaldson, City Clerk 5 I \Ordinances\Nos 2900-2999 m Word\2928 Urgency Ordinance Housing Element Rezone.doc I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing urgency ordinance was duly adopted by the City Council at a regular meeting thereof held on the 7th day of June, 2022. AYES Councilmembers Tejeda, Guzman -Lowery, Gallagher, Mayor Banch NOES None ABSENT None ABSTAINED Councilmember Davis /9„2.,/,‘,43 Donaldson, City Clerk 6 I.\Ordinances\Nos 2900 2999 in Word\2928 Urgency Ordinance Housing Element Rezone.doc EXHIBIT "A" List and Map of Subject Properties [Attached] 7 I.\Ordinances\Nos 2900-2999 in Word\2928 Urgency Ordinance Housing Element Rezone.doc n m cncn N 0 If I rill 1111111 rim ORezone Parcels Parcels wo1747EVCSpecificPlan August 02, 2021 L HOWARD PL 029216506 029216507 029216508 029216509 029216730 029216702 ORANGE AVE LGI )L I- 9? AV uJ cc 3 H YA CJ Tt1 A A A Exhibit A Parcels Subject to Interim Prohibition/Moratorium pursuant to City Council Ordinance No 2928 StO.RAG CT 029216729 029216707 �TATE ST 02922012