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HomeMy WebLinkAboutOrdinances_2938ORDINANCE NO. 2938 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM FOR AN ADDITIONAL NINETY (90) DAYS ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF NEW WAREHOUSES AND DISTRIBUTION LOGISTICS FACILITIES EXCEEDING 50,000 SQUARE -FEET OF GROSS FLOOR AREA THAT ARE LOCATED 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 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. 1 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx D. The City of Redlands Planning Commission discussed concerns related to existing warehouse developments in the City of Redlands including land use impacts and environmental impacts at a regular meeting on February 22, 2022, and unanimously recommended that the City Council adopt a moratorium on new warehouse development projects until the land use and environmental concerns could be studied and addressed. The Planning Commission's public meetings are televised, video recordings and staff reports for all meetings are available on demand from the City's website, and the Commission's meeting minutes and other public information are available from the City's website. E. Public information has been available regarding the potential for a moratorium. City of Redlands staff has received multiple inquiries in the first half of 2022 from several property owners, developers, and potential applicants expressing interest in developing large new warehouses or distribution logistics facilities, City staff has communicated the Planning Commission's on -going concerns about large warehouse/ distribution facilities, and City staff has previously stated on several occasions in response to multiple inquiries that there was a possibility of a future moratorium that may affect future applications for new warehouses or distribution facilities. F. 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 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 G. 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 and extend 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. H. Adoption of this urgency ordinance extending the original interim prohibition/ moratorium on land use approvals and building permits for new construction of warehouses and 2 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 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. ii. 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. I. Accordingly, the City desires to establish and extend, 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 3 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 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 Government 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 has prepared a written report for consideration by the City Council that describes measures taken to address the condition which led to the adoption of this urgency ordinance. The report has been provided to the City Council for consideration at least ten (10) days prior to the expiration of the original urgency ordinance. Section 5. Moratorium Extension. The City Council hereby extends the Moratorium on any land use approvals or building permit issuance 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 and Concept Plan No. 2. Excluded from this Moratorium are 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- 4 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 0000, and 0292-201-20-0000, as listed in Exhibit "A" attached hereto. The fifteen properties are included in the City's housing sites inventory list as contained in the 2021-2029 Housing Element and are subject to a separate moratorium adopted by the City Council with Ordinance No. 2928. Further, in accordance with Building Industry Legal Defense Foundation v. Superior Court (1999), this Moratorium shall prohibit the issuance of approvals, permits, and/or entitlements pursuant to this section, but shall not prevent the processing of lawfully filed development applications. Development applications may continue to be filed, commencement of processing for development review purposes may continue to proceed, and environmental review for individual development projects may continue to proceed. Section 6. Duration of Ordinance. The Moratorium is hereby extended for an additional ninety (90) days beyond its original expiration date, such that the Moratorium will now expire on November 3, 2022, or until the City Council adopts an ordinance addressing the issues related to the establishment of warehouses and/or distribution facilities exceeding 50,000 square - feet in size, whichever occurs first. Thereafter, this Moratorium extension shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to Government Code section 65858. Section 7. Conflicting Laws. For the term of this ordinance, as set forth in Section 6 above, the provisions of this ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution, or policy. Section 8. 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 5 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 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 9. 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 10. 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 11. 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. Section 12. 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 t e effect i accordance with law. I ATTEST: ne Donaldson, City Clerk 6 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx Paul T. Barich, Mayor 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 19th day of July, 2022. AYES: Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher; Mayor Barich NOES: None AB SENT: None ABSTAINED: None 4t/4-4e())144V J ne Donaldson, City Clerk 7 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 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] 8 L:\ca\Ord\2938 Urgency Ordinance Warehouse Moratorium Extension.docx 1. K s- • a (t y h €$ di F + >a :: h .- a.HOWARD.P,L *, r t S" ‘ i { ' } 9 41644,,,,A1,t„ M:.ry ,1t.:, .L`•rlll�w I1nyer`. s>a HYACINTH AVE Rezone Parcels Parcels July 19, 2022 Exhibit A Parcels Exempt From Interim Prohibition/Moratorium on New Warehouses and Distribution Facilities 500