HomeMy WebLinkAbout976 - Ordinance URGENCY ORDINANCE NO. 976
AN URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA ENACTED PURSUANT
TO GOVERNMENT CODE SECTION 65858 ESTABLISHING AN
INTERIM MORATORIUM ON NEW INDUSTRIAL BUILDING
DEVELOPMENT ON PROPERTIES IN ALL INDUSTRIAL ZONES
WITHIN THE SOUTHEAST INDUSTRIAL QUADRANT OF THE
CITY AND WITHIN 500 FEET OF THE PUBLIC RIGHT-OF-WAY
OF A SEGMENT OF FOOTHILL BOULEVARD, DECLARING THE
URGENCY THEREOF AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Legislative Findings.
A. Industrial buildings are used for a broad spectrum and variety of uses
including, but not limited to, logistics, manufacturing, and processing uses.
B. Multiple existing heavy industrial buildings are now becoming available for
redevelopment within certain portions of the City, and the proposed redevelopment is
occurring rapidly. The overall combined size of the sites where these buildings are
located is several hundred acres in area.
C. The area of the City where this activity and/or interest is occurring is within
the southeast industrial quadrant("SEIQ")of the City. The SEIQ is bound by Arrow Route,
the City's boundary with the City of Fontana/County of San Bernardino (unincorporated),
4th Street, and 1-15 on the north, east, south, and west, respectively. It is also occurring
within the industrial zoning designations within 500 feet of Foothill Boulevard and between
Haven Avenue and Milliken Avenue. The SEIQ and the aforementioned industrial zones
along the Foothill corridor described above are referred to herein as the "Affected Areas"
and are more specifically identified in the map attached hereto and incorporated herein
as Exhibit "A."
D. Neither the City's General Plan nor its Development Code is equipped to
facilitate the rational development of large tracts of land with newly evolving industrial
uses within the Affected Areas. Although there are performance standards that all
development must comply with, there currently are no City regulations in effect regarding
the specific and unique operational characteristics of industrial buildings such as days
and hours of operations, traffic circulation, vehicle queueing, and the specific type of user
within such buildings. With very few exceptions, industrial buildings located in industrial
zones do not require the submittal of an application for a Conditional Use Permit for review
and approval by the City. The only discretionary process required by the City prior to the
Ordinance No. 976 - Page 1 of 7
construction and occupancy/operation of most industrial buildings located in industrial
zones is the review and approval of a Design Review application by the Planning
Commission.
E. The demand for parking, access, and street capacity caused by new
industrial uses can be significantly higher than what the City has experienced in the past
in industrial areas of the City, leading to potential parking and congestion issues. In some
cases, the greater truck activity has the potential to impact the operations of other area
businesses due to the high volume of deliveries to and from industrial facilities. Access
to sites is similarly a potential issue, inhibiting the City's ability to ensure adequate public
safety response times. The increased truck activity associated with industrial facilities
may lead to increased wear and tear on City infrastructure. Industrial buildings are also
becoming larger, and due to their larger size, include large parking areas for potential
truck, trailer, and auto parking.
F. The operational characteristics of industrial buildings are evolving rapidly.
Some tenants of industrial buildings have begun to need large areas for parking (often
nearly half the land area of a project site). Also, they now need to accommodate long
queues of semi-tractor trucks. This presents issues with public safety due to trucks
parking in areas that obstruct traffic and visibility, air quality and greenhouse gas
emissions due to idling trucks, and the impact on surrounding businesses that are not
within industrial buildings, or are not industrial uses, but utilize the same streets.
G. The City Council believes that industrial building development should not
unduly impact the City. The City Council therefore believes there is a current and
immediate threat to the public health, safety and welfare that is presented by proposals
to develop new industrial buildings within the Affected Areas, and that a moratorium is
necessary.
H. The City Council finds that the time provided by the moratorium will allow
for a comprehensive analysis of a new generation of industrial buildings that are being
proposed, and are expected to be proposed, within the Affected Areas. During the
moratorium, the City will be able to analyze potential impacts on the public health, such
as air pollution and greenhouse gas emissions; impacts on public safety related to the
provision of services for fire protection, fire and law enforcement access, and emergency
vehicle access routes; and impacts on the public welfare due to traffic generated by the
tenants/users of proposed industrial buildings. The City Council finds that these studies
will help the Council and the City's Planning Department determine how best to prevent
impacts to the public health, safety and welfare. The City Council further finds that the
moratorium will allow time to evaluate the General Plan, the Development Code, and the
Zoning map and develop appropriate regulations for new industrial buildings within the
Affected Areas and other industrial zones to achieve a reasonable level of assurance that
there will not be serious negative impacts to the overall community and ensure a positive
and mutually acceptable set of outcomes for the City's residents, business community,
property owners, and industrial developers.
Ordinance No. 976 - Page 2 of 7
I. Based on the foregoing, the City Council ultimately finds that if the City fails
to enact this moratorium, new industrial buildings may be allowed to develop within the
Affected Areas under outdated zoning regulations that do not address the unique impacts
of modern industrial development. Therefore, a current and immediate threat to the public
safety, health and welfare exists.
SECTION 2. Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an
urgency measure, an interim ordinance that prohibits any uses that may be in conflict with
a contemplated zoning proposal that the City Council is considering, studying, or intends
to study within a reasonable period of time.
SECTION 3. Urgency Findings.
The City Council finds and determines that there is an immediate threat to the
public health, safety, or welfare, and that new industrial development within the Affected
Areas, under the City's current regulations, constitutes a threat to the public health, safety
or welfare. As described in Section 1, the staff report accompanying this Interim Urgency
Ordinance, and other evidence in the record, such continued industrial development in
the Affected Areas of the City could threaten the health, safety and welfare of the
community through negative impacts that include, but are not limited to, public safety, air
quality, air pollution, greenhouse gas emissions, traffic congestion, City infrastructure,
affordable housing, fire protection services, and fire and emergency vehicle access. To
preserve the public health, safety, and welfare, the City Council finds that it is necessary
that this Interim Urgency Ordinance take effect immediately pursuant to Government
Code Sections 65858, 36934, and 36937 to prevent such harm.
SECTION 4. Moratorium Established.
A. Based on the facts and findings set forth in Sections 1 through 3 of this
Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the
Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga hereby establishes
a moratorium on the construction of new industrial buildings, any part of which would be
located within the Affected Areas identified in Exhibit "A."
B. No application for a building permit or any other entitlement authorizing
construction of a new industrial building within the Affected Areas shall be approved
during the term of the moratorium established herein.
C. Nothing contained in this Interim Urgency Ordinance shall preclude the
improvement, renovation or demolition of an existing industrial building within the Affected
Areas, provided that such development otherwise conforms to applicable law and does
not require a Design Review entitlement to perform such improvement, renovation, or
demolition.
Ordinance No. 976 - Page 3 of 7
D. For the purposes of this Interim Urgency Ordinance, the term "industrial
building" shall mean any building or structure designed or intended to be used for any
industrial, manufacturing, or processing use as defined in Subsection G of Section
17.32.020 of the Rancho Cucamonga Municipal Code.
SECTION 5 Moratorium Exclusion.
Notwithstanding any other provision of this Interim Urgency Ordinance, the
moratorium established under Section 4 above shall not apply to either of the following:
(1) any proposed industrial building for which an application for a Design Review
entitlement was submitted to and accepted by the City prior to October 1, 2020; or(2) any
proposed industrial building of 30,000 square feet or less in size that is specifically
intended to replace and relocate an existing industrial building within the Affected Areas.
SECTION 6. Special Conditional Use Permit.
Notwithstanding any other provision of this Interim Urgency Ordinance, the City of
Rancho Cucamonga may accept, process and approve applications for special
conditional use permits for development or use of property otherwise subject to Section
4 of this Interim Ordinance, if the City Council finds, after receipt of a recommendation
from the Planning Commission, that an owner of property subject to the moratorium
imposed by this Interim Urgency Ordinance will be deprived of all economically viable use
of his or her land unless the property owner is allowed to develop or use the property for
an industrial building, or that the law of California or of the United States otherwise
requires the City to approve an application for a permit or an entitlement for the
development or use. The special conditional use permit provided by this Section shall be
an available entitlement process and permit for a property owner affected by the
moratorium whether or not a conditional use permit would otherwise be required by the
Rancho Cucamonga Municipal Code. A special conditional use permit submitted
pursuant to this Section shall be processed in accordance with Chapter 17.14 of the
Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final
decision-making body, which shall make the additional findings required by this Section
prior to approving the special conditional use permit.
SECTION 7. Enforcement.
The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to
the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. CEQA Findings.
The City Council hereby finds that it can be seen with certainty that there is no
possibility that the adoption of this Interim Urgency Ordinance may have a significant
effect on the environment, because the Interim Urgency Ordinance will impose a
temporary moratorium on industrial building development in certain areas of the City in
order to protect the public health, safety and general welfare, and will thereby serve to
avoid potentially significant adverse environmental impacts during the term of the
Ordinance No. 976 - Page 4 of 7
moratorium. It is therefore not subject to the California Environmental Quality Act review
pursuant to Title 14, Chapter 3, Section 15061(b)(3)of the California Code of Regulations.
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Interim Urgency Ordinance or its application to any person or circumstances, is for
any reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Interim Urgency Ordinance, or its application to any other person or circumstance. The
City Council hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases hereof be declared invalid or unenforceable.
SECTION 10. Effective Date; Approval and Extension of Ordinance.
This Interim Urgency Ordinance, being adopted as an urgency measure for the
immediate protection of the public safety, health, and general welfare, containing a
declaration of the facts constituting the urgency, and passed by a minimum four-fifths
(4/5) vote of the City Council, shall take effect immediately upon its adoption and shall
continue in effect for a period of not longer than forty-five (45) days. After notice pursuant
to Government Code Section 65090 and a public hearing, the City Council may extend
the effectiveness of this Urgency Ordinance as provided in Government Code Section
65858.
SECTION 11. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency
Ordinance and shall cause its publication in accordance with applicable law.
Ordinance No. 976 - Page 5 of 7
PASSED, APPROVED, AND ADOPTED this 4th day of November, 2020.
ennis Michael, M yor
ATTEST: 7
�=ceC. Reynolds, Cit Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting
of the City Council of the City of Rancho Cucamonga held on the 4th day of November, 2020, by
the following vote:
AYES: Hutchison, Kennedy, Michael, Spagnolo
NOES: Scott
ABSENT: None
ABSTAINED: None
Executed this 5th day of November 2020, at Rancho Cucamonga, California.
Qaw'tik L
J ice C. Reynolds, City Clerk
APPROVED AS TO FORM:
J,'ames L. Markman, City Attorney
Ordinance No. 976 - Page 6 of 7
EXHIBIT "A"
MAP OF AFFECTED AREAS
Ordinance No. 976 - Page 7 of 7
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