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HomeMy WebLinkAboutOrdinances_2939ORDINANCE NO. 2939 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE OF REDLANDS, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 EXTENDING A 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. 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") 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 (6th 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 1 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc with the City's adopted Housing Element is a matter of critical and immediate local concern. The City's ability to identify sufficient land area and provide 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 residential zoning designation at varies densities 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 the 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. G. On June 7, 2022, the City Council adopted Urgency Ordinance No. 2928, an urgency ordinance establishing a 45-day Moratorium on 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; and, H. The Moratorium will expire on July 22, 2022, unless extended pursuant to Government Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for ten (10) months and fifteen (15) days, upon approval by a four -fifths vote, and upon making the same findings required for initial adoption of the Moratorium; and, 2 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc L The City intends to process a General Plan Amendment and Zone Change to allow residential development as the primary use on certain properties identified on the City's RHNA housing sites inventory list included in the 2021-2029 Housing Element; and, J. The City wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days; and, K Adoption of this urgency ordinance extending the original interim prohibition/moratorium will allow the City sufficient time to perfonn necessary tasks listed below: i. Obtain certification of the 2021-2029 Housing Element from the Development of Housing & Community Development. ii. Contract with a consultant to prepare the necessary environmental (CEQA) review and analysis for the rezoning of RHNA sites, including the 15 subject parcels identified in Exhibit A. iii. Proceed to process the rezoning of the RHNA housing sites. iv. Present the RHNA sites rezoning to the Planning Commission and the City Council for recommendation and approval. L. Accordingly, the City desires to establish and extend, on an urgency basis, a temporary moratorium on all non-residential development projects for certain properties 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 the conjunction with the City's 2021-2029 Housing Element, 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, and in accordance with the authority granted to the City under Government Code Section 65858, no land use approvals and building permits for a new non- residential 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 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, excepting therefrom any permits for additions, tenant improvements, repairs, maintenance, signs, and the like on existing permitted uses. 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, and 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 prior to the 3 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc 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 future 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. 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 the City's ability to identify sufficient land area and provide appropriate zoning to accommodate new housing for all persons at all income levels is a matter of public health, safety, and general 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 was provided to the City Council for consideration on July 5, 2022, at least ten (10) days prior to the expiration of original urgency ordinance. Section 5. Moratorium Extension. The City Council hereby extends the Moratorium that no land use approvals and building permits for a 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 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, excepting therefrom any permits for additions, tenant improvements, repairs, maintenance, signs, and the like on existing permitted uses. 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. Section 6. Duration of Ordinance. The Moratorium is hereby extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on June 7, 2023, or until the City Council adopts an ordinance addressing the issues related to the City's ability to identify sufficient land area and provide appropriate zoning to accommodate new housing for all persons at all income levels consistent with the RHNA allocation in the 2021-2029 Housing Element, 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. 4 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc 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 development of certain projects for properties located within the Commercial Industrial (EV/IC) district of the East Valley Corridor Specific Plan that are identified on the RHNA inventory that is part of the 2021-2029 Housing Element. 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 implementation of the 2021-2029 Housing Element. 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 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 5 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc 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 take effect in accordance with law. Paul T. Barich, Mayor ATTEST: eamie Donaldson, City Clerk 6 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.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 19th day of July 2022. AYES: Councilmembers Tejeda, Guzman -Lowery, Gallagher; Mayor Barich NOES: None ABSENT: None ABSTAINED: Councilmember Davis e Donaldson, City Clerk 7 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc EXHIBIT "A" List and Map of Properties Included in 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 I:\Ordinances\Nos 2900-2999 in Word\2939 Urgency Ordinance Housing Element Rezone Extension.doc 029216302 IIIIII 029216303 m1 !! 1 1 EH EP Rezone Parcels Parcels Wo1747EVCSpecnicPlan August 02, 2021 SIRIANN ICT L HOWARD PL NEVADA ST I.T.RUS. V.P 029216505 029216506 029216507 029216508 029216509 1- yQ O AEORAGE CT 029216730 029216728 029216729 029216707 029216702 ORANGE AVE Exhibit A • ALABAMA ST Parcels Subject to Interim Prohibition/Moratorium pursuant to City Council Ordinance No. 2928 STATE ST tQi P22 ram @g _pi11IIli k EMU LEM 11111111