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HomeMy WebLinkAbout977 - OrdinanceORDINANCE NO. 977 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING THROUGH JUNE 30, 2021, AN EXISTING 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 in the General Plan and Development Code 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 users 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 construction and Ordinance No. 977 - Page 1 of 9 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. On September 23, 2020, City staff held a discussion with representatives from the City of Chino regarding their respective observations with industrial building development in their city. During this conversation, Chino's staff shared their observations on how tractor trailers were queuing in the public street and how doing so presented traffic circulation issues as a result of queues that could be a mile in length due to the number of tractor trailers in the line. They also identified potential public safety concerns with such long queues as they impeded pass -through traffic and emergency access. H. On November 4, 2020, pursuant to Government Code Section 65858, the City Council enacted Interim Urgency Ordinance No. 976, which imposed an initial 45- day moratorium on new industrial building development on properties within theAffected Areas. The initial 45-day moratorium is scheduled to expire on December 19, 2020. I. The City is currently in the process of updating the General Plan, and, as needed, the Zoning Map and Development Code to incorporate appropriate land use regulations and development standards for new industrial development within the City. This update will evaluate a variety of topics including, but not limited to, land uses, economic development, traffic/circulation, and public safety. J. City staff has started conducting, and will continue to conduct, outreach with representatives from the City's industrial development and brokerage community, as well as residents and other stakeholders, to discuss feasible land use regulations that mitigate impacts caused by industrial development, such as amendments and updates to the Ordinance No. 977 - Page 2 of 9 City's technical/design standards and requirements for industrial projects in the current Development Code. I. The City is currently researching and analyzing amendments to the Development Code and other relevant documents related to technical/design standards and requirements for industrial projects within the City for consideration by the Planning Commission and adoption by the City Council prior to this moratorium's anticipated expiration date on June 30, 2021. As part of this process, on November 12, 2020, the Planning Commission conducted a public hearing and received testimony on a proposed amendment to the General Plan's Circulation Element that will amend the SEIQ's circulation network to improve access, safety, and capacity for trucks and other vehicles anticipated by new industrial development in the area, among other reasons. As additional discussion and staff review of the comments were deemed necessary by the Planning Commission before it could make a recommendation, the Commission continued the hearing to the December 9, 2020 Planning Commission meeting. J. On November 18, 2020, City staff participated in a briefing workshop that was conducted by consultants for Caltrans and hosted by the Gateway Council of Governments (GCOG). Caltrans is developing a "Freight Strategy for Southern California." This is being conducted in collaboration with transportation agencies and local jurisdictions. The study will analyze freight management, movement, and other operational characteristics of the trucking, rail, marine, and air cargo modes that are used in the transport of freight. The subject workshop was focused on the truck mode and their impacts on, for example, the local street infrastructure, roadway congestion, and air quality in various areas within Southern California. Caltrans' consultants provided maps illustrating specific areas where these impacts are more significant. In addition to representatives from cities in the GCOG, representatives from cities in neighboring subregions, such as San Bernardino County, participated in the workshop. The participants shared and described their observations and experiences with industrial building development within their respective jurisdictions and the operational characteristics of the trucking mode that serves this type of development. As some of their observations/experiences are similar to those of the City, City staff intends to have additional, follow-up conversations on this topic with them. K. On December 7, 2020, City staff conducted a conversation with industrial development stakeholders to further assist in determining the type and scope of other potential amendments. 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. The approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. Such threats are presented by proposals to develop new industrial buildings within the Affected Areas, and an extension of the moratorium established by Interim Urgency Ordinance No. 976 is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance and General Plan policies, Ordinance No. 977 - Page 3 of 9 goals, and exhibits establishing land use regulations and other development standards on industrial development within the Affected Areas. The City is in receipt of formal applications to develop industrial buildings within the Affected Areas, as well as specific proposals for industrial buildings that are expected to be submitted in the near future. H. The City Council finds that the additional time provided by extending 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 continue analyzing 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 extending 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. I. Based on the foregoing, the City Council ultimately finds that if the City fails to extend 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. J. A written report describing the measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 976 was issued by the City Council on December 2, 2020, which was at least ten (10) days prior to the expiration of the Interim Urgency Ordinance No. 976 on December 19, 2020, in compliance with State law. K. Pursuant to Government Code Section 65858 and 65090, the City Council conducted a duly noticed public hearing on December 16, 2020, at which time the City Council considered this Interim Urgency Ordinance to extend the existing 45-day moratorium on the development of new industrial buildings within the Affected Areas through and including June 30, 2021. L. The City Council has considered the written and oral testimony provided at the public hearing and desires to extend the moratorium on the development of new industrial buildings within the Affected Areas through and including June 30, 2021. SECTION 2. CEQA Finding. Ordinance No. 977 - Page 4 of 9 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 Ordinance will extend 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 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 3. Extension of Moratorium. The City Council of the City of Rancho Cucamonga hereby extends the moratorium on new industrial building development on properties within the Affected Areas (identified in Exhibit "A"), first adopted pursuant to Interim Urgency Ordinance No. 976, through and including June 30, 2021. SECTION 4. Moratorium Defined. A. Notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City of Rancho Cucamonga hereby extends the 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 described in Section 3 above. 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. 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 described 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. Ordinance No. 977 - Page 5 of 9 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 Urgency 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. Term of Moratorium. The moratorium extension adopted by this Interim Urgency Ordinance shall commence on December 19, 2020, and shall terminate at 11:59 PM on June 30, 2021, unless terminated earlier by the City Council or extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. SECTION 8. 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 9. Effective Date; Findings of Urgency; and Duration. A. This Interim Ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Section 65858, 36934 and 36937, and shall take effect immediately upon its adoption. Based upon the findings set forth in Section 1 above, the City Council finds and determines that the adoption of this Interim Ordinance is an urgency ordinance authorized by Government Code Section 65858, and is necessary for the immediate preservation of the public peace, health, and safety. B. Pursuant to Government Code Section 65858(a), this Interim Ordinance shall be adopted by not less than a four -fifths vote of the City Council. SECTION 10. Severability. Ordinance No. 977 - Page 6 of 9 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 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. 977 - Page 7 of 9 PASSED, APPROVED, AND ADOPTED this 16' day of December, 2020. ATTEST: W,2� e Zlt� J ice C. Reynolds, City 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 16th day of December, 2020, by the following vote: AYES: Hutchison, Kennedy, Michael, Spagnolo NOES: Scott ABSENT: None ABSTAINED: None Executed this 17' day of December 2020, at Rancho Cucamonga, California. APPROVED AS TO FORM: James L. Markman, City Attorney oj4t�- 7a 4mkzl� Janice C. Reynolds, City Clerk Ordinance No. 977 - Page 8 of 9 MAP OF AFFECTED AREAS Ordinance No. 977 - Page 9 of 9 .1111M Apm. ir t■ U7`77 -1 0 7' 75 Ani Aany UaP3 UP Y— .fell w. 141" nU -SAWdEMS Blv� jc - - — -------------- NIP Wo m ...... . Jit-Li : T= 0 NO J- a ewo—zam we 11, L r p ■ Jllp • SPAIr j 3 IS L119 1 C �Al,, )A!e PROM 66 L-4, 7111M IF A `Z en. LF I E: 317 7�1 o. MilhketiiAvo en 4! L I ka its— e lwqo iw t . 74 J st PEW j2, 16 qL.of at 0:0 Haven -Ave _,jj,jv 11 ia = 0 Ave� likiploillim p UaAL PA V MeH Cpnt(!r A-0 44-