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-