HomeMy WebLinkAbout981- Ordinance INTERIM URGENCY ORDINANCE NO. 981
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING FOR AN
ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH APRIL 20, 2022,
AN EXISTING MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR BUILDING PERMITS OR OTHER ENTITLEMENTS FOR NEW
SERVICE STATION USES OR THE EXPANSION OF EXISTING
SERVICE STATION USES IN THE CITY OF RANCHO CUCAMONGA,
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. Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code
defines a "service station" as a "retail business selling gasoline or other motor vehicle fuels." For
the purpose of this Interim Urgency Ordinance, a service station shall be limited to those retail
businesses selling motor vehicle fuels derived from liquid fossil fuels. In this context, a service
station is commonly referred to as a gas station.
B. The Environmental Protection Agency (EPA) has classified service stations and
fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties,
the expansion, redevelopment, or reuse of which may be complicated by the presence or potential
presence of a hazardous substance, pollutant, or contaminant.
C. Common contaminants found at service station sites include gasoline, diesel, and
petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and
lead. Exposure to the types of contaminants present, or potentially present, at service stations
threatens the public health, safety or welfare of neighboring communities.
D. There are thirty-two service stations currently in operation in the City of Rancho
Cucamonga. There are an additional two more service stations that are currently in plan check
review for building permit or under construction. Many of the existing service stations are located
near sensitive receptors. The close proximity of service stations to these areas increases the risk
of contaminant exposure to vulnerable populations. This problem is exacerbated in situations
where the service station may become a brownfield site.
D. A disproportionate amount of the City's existing service stations are concentrated
in the southwest and central areas of the City. Thirteen service stations are located in District 2
and eleven are located in District 3. In contrast, Districts 1 and 4 have only five service stations
each. The proliferation of service stations in Districts 2 and 3 inequitably increases health risks
for the residents of these districts due to the potential contaminants present at service stations.
As a matter of environmental justice, the City Council must carefully consider how such uses are
zoned under the City's General Plan and Development Code in order to avoid an undue
concentration of service stations in any one part of the City.
Interim Urgency Ordinance No. 981 - Page 1 of 7
E. Based on data provided by the Sheriff's Department, the amount of criminal activity
that occurs specifically at service stations necessitates that police services be routinely deployed
to service stations. Over the past five years, the number of calls for service at service stations has
steadily increased. In 2020, a total of 1,059 calls for service were made at service stations in the
City, resulting in approximately 2,455 hours of police time spent policing and protecting service
stations. The development of additional service stations within the City would result in additional
strains on police services to counter the potential for increased criminal activity.
G. The increased criminal activity associated with service stations threatens the
health, safet}✓ and welfare of all residents, but particularly those within the southwest and central
areas of the City, due to the inequitable concentration of service stations in those areas. The City
Council believes the location and proliferation of service stations in certain areas of the City
requires further regulation to ensure that the negative effects of service stations can be curtailed
in order to better protect the public.
H. Altogether, the existing location and concentration of service stations in the City
mean that drivers need only drive approximately five minutes in order to reach most existing
service stations in the City. Applications for additional service stations continue to be submitted
to the City despite the already high concentration of service stations in the City and declining
demand.
I. The declining demand for gasoline is partly demonstrated by the decline in annual
service station revenues in the City. According to revenue estimates reported to the City by
existing service stations, such revenues have declined by over half a million dollars from 2019 to
2020, echoing global trends, which have seen the decline in service stations over the past ten
years due to a variety of factors, including the proliferation of electric vehicles, shared mobility
solutions, and alternative fuel options.
J. Furthermore, vehicle technology is rapidly evolving such that reliance on gas is
steadily declining. According to a report from the Boston Consulting Group, it is estimated that by
2030, more than one third of all new vehicles will be fully or partially electric. Charging for electric
vehicles can take place in a variety of locations such as at home, work and in parking lots. Ride-
sharing solutions further reduce demand for gasoline as car ownership becomes more obsolete.
By 2035, shared mobility solutions such as Uber, Lyft, and Zipcar are expected to account for
nearly 20% of on-road passenger miles. Meanwhile, alternative fuel options such as hydrogen
fuel, liquefied petroleum gas (LPG), compressed natural gas, and biofuels are increasing their
share in the gasoline and diesel markets.
K. The declining demand for gasoline may increase competition amongst the existing
service stations in the City such that closures may occur over time. Due to their propensity to
become brownfield sites, service stations require significant investment to remediate any potential
ground contamination prior to redevelopment. Closed sites may be abandoned and left unused
for years and removal of contaminants may present health risks for neighboring communities and
sensitive receptors. Additional closures could result in increased blight and dangerous conditions
throughout the City,thereby threatening public health, safety and welfare.The City Council wishes
to assess the appropriate concentration and locations of service stations given declining demand.
L. There are thirty-two service stations currently in operation in the City of Rancho
Cucamonga. The City has received applications for additional service stations to be constructed
at the corner of 9th Street and Archibald Avenue and at the northeast corner of Arrow Route and
Grove Avenue. The proposed service station at the corner of 9th Street and Archibald Avenue
Interim Urgency Ordinance No. 981 - Page 2 of 7
was approved by the Planning Commission, but has since been appealed to the City Council. An
additional service station to be redeveloped and expanded two blocks north at the corner of
Archibald Avenue and Arrow Route and another to be redeveloped at Foothill Boulevard and Red
Hill Country Club Drive have previously been approved by the Planning Commission, but have
not yet completed plan check and no building permits have been issued. These service station
projects would be located within the southwest part of the City, an area with an already high
concentration of service stations. Based on all of the foregoing impacts associated with the
development of service stations, the City Council therefore finds there is a current and immediate
threat to the public health, safety and welfare that is presented by pending applications for land
use entitlements and building permits to develop new service stations and expand or remodel
existing service stations within the City, and that a moratorium is necessary.
M. The City is responsible for adopting and implementing land use regulations within
its boundaries. The Rancho Cucamonga Municipal Code generally regulates the entitlement and
establishment of service stations within the City, but it does not specify development or
operational standards such that the City can mitigate the impacts caused by service stations.
N. On April 21, 2021, the City Council approved Interim Urgency Ordinance No. 980,
which imposed an initial 45-day moratorium on the approval of applications for building permits
or other entitlements for new service station uses or the expansion of existing service station uses
during the pendency of the City's review and adoption of permanent regulations governing service
stations. The initial 45-day moratorium is scheduled to expire on June 5, 2021.
O. The City Council continues to believe that the time provided by the moratorium will
allow for a comprehensive analysis on how to manage and reduce the impact of additional service
stations in the City, or if additional service stations or the expansion of existing service stations
should be permitted. During the extended period of the moratorium, the City will continue to
analyze their potential impacts on the public health such as the potential for contaminant exposure
near sensitive receptors and residential areas; impacts on public safety related to the provision of
police services to service stations; and impacts on the public welfare due to the disproportionate
concentration of service stations in certain residential areas of the City and potential for blight in
connection with declining demand for gas. 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 this extension will allow time to
evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate
regulations and/or appropriate zones for service stations in the City to achieve a reasonable level
of assurance that there will not be serious negative impacts to the overall community and ensure
positive outcomes for the City's residents, business community, property owners, and developers.
P. Based on the foregoing, the City Council ultimately finds that if the City fails to
extend the moratorium adopted pursuant to Interim Urgency Ordinance No. 980, then new service
stations may be allowed to develop within the City or be redeveloped or expanded within the City
that do not reflect the demand for such services, are incompatible with neighboring residential
areas and sensitive receptors, and exacerbate existing public safety issues at service stations.
Therefore, a current and immediate threat to the public safety, health and welfare remains in
existence.
Q. A written report describing the measures taken to alleviate the conditions which
led to the adoption of the aforementioned Interim Urgency Ordinance was issued by the City
Council on May 5, 2021, which was at least ten (10) days prior to the expiration of the Interim
Urgency Ordinance on June 5, 2021, in compliance with State law.
Interim Urgency Ordinance No. 981 - Page 3 of 7
R. Pursuant to Government Code Sections 65858 and 65090, the City Council
conducted a duly noticed public hearing on June 2, 2021, at which time the City Council
considered this Interim Urgency Ordinance to extend the existing 45-day moratorium on the
establishment or expansion of service stations for an additional 10 months and 15 days.
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. The City Council may also extend a moratorium adopted pursuant to
such an interim ordinance for up to 10 months and 15 days, and subsequently for up to one year,
pursuant to Government Code Section 65858(a).
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 and expanded service station uses within the City, 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 service station development in the City could threaten the
health, safety and welfare of the community through negative impacts that include, but are not
limited to, public safety, contaminant exposure, and police protection services. To preserve the
public health, safety, and welfare, the City Council finds that it is necessary that this Interim
Urgency Ordinance to extend the current moratorium on service stations take effect immediately
pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm.
SECTION 4. Moratorium Extended.
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 Council hereby extends through and including April 20,
2022, the existing moratorium on the approval of applications for the development of new service
station uses or the expansion of existing service station uses, adopted pursuant to Interim
Urgency Ordinance No. 980 (the "Moratorium").
B. No application for a building permit or any other entitlement, including a design
review or conditional use permit, authorizing construction of a new service station use or the
expansion of an existing service station use, including the expansion of accessory uses on the
same site, shall be approved during the term of the Moratorium.
C. Notwithstanding the foregoing, the Moratorium shall not apply to the following:
(1) The improvement, renovation, or demolition of an existing service station, provided that such
development otherwise conforms to applicable law, does not result in an increase to the number
of gas pumping facilities, does not add any new accessory uses on site, and does not require a
discretionary entitlement to perform such improvement, renovation, or demolition; or
(2) An application for a service station that has been deemed complete or received all
discretionary entitlements as of the moratorium's effective date, provided that the City has issued
a building permit for construction or redevelopment of the proposed service station within six
Interim Urgency Ordinance No. 981 - Page 4 of 7
months of the Moratorium's initial effective date of April 21, 2021. The Moratorium shall thereafter
apply to these applications if a building permit has not been issued within that six-month period.
D. For the purposes of this Interim Urgency Ordinance, the term "service station"shall
have the same meaning prescribed in Subsection F(9) of Section 17.32.020 of the Rancho
Cucamonga Municipal Code, except that it shall be limited to retail business selling gasoline or
other motor vehicle fuels derived from fossil fuels (e.g., petroleum).
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 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 a service
station, 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 Findinqs.
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 extend an existing temporary
moratorium on approvals of applications for service station uses in 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 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,
Interim Urgency Ordinance No. 981 - Page 5 of 7
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 ithe public safety, health, and general welfare, containing a declaration of the facts
constituting t1ke 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
GovernmentCode Section 65858.
SEC ION 11. Term.
This Interim Urgency Ordinance shall take effect concurrent with the expiration of Urgency
Ordinance No. 980 at midnight on June 5, 2021, and shall remain in effect for a period of ten (10)
months, fifteen (15) days, through and including April 20, 2022, in accordance with California
Government Code Section 65858.
SECTION 12. 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.
Interim Urgency Ordinance No. 981 - Page 6 of 7
PASSED, APPROVED, AND ADOPTED this 2"d day of June, 2021.
0A X
. Dennis Michael, or
ATTEST:
J§fiice C. Reynolds,tity 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 Interim 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 2nd day of June, 2021,
by the following vote:
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 3rd day of June 2021, at Rancho Cucamonga, California.
qa ��
nice C. Reynolds, �ityClerk��
APPROVED AS TO FORM:
J es L. Markman, City Attorney
Interim Urgency Ordinance No. 981 - Page 7 of 7