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establishment of new commercial solar energy facilities in the City; and WHEREAS, the moratorium will expire on November 24, 2023, unless extended pursuant to California Government Code section 65858, which authorizes the City Council, after notice pursuant to California Government Code section 65090 and a public hearing, to adopt an ordinance extending the moratorium for 10 months and 15 days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the moratorium; and
WHEREAS, California Government Code section 65858(d) requires the City Council, 10 days prior to the expiration of the moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium; and
WHEREAS, on November 14, 2023, the City Council issued a written report detailing the steps that staff was taking to alleviate the conditions that led to adoption of the moratorium in accordance with California Government Code section 65858(d); and WHEREAS, the City has a pending application for the construction of a five- megawatt commercial solar energy facility on land located within the Colorado River Corridor Plan area. The land is currently in agricultural production; and WHEREAS, the City anticipates that it will continue to receive applications to construct commercial solar energy facilities; and
WHEREAS, the Colorado River Corridor Plan was adopted in March 2007 following a comprehensive and iterative planning process that started with the formation of the Colorado River Corridor Plan Ad-Hoc Advisory Committee ("Committee") in August 2005. The process included coordination between the Committee and City departments, and consultation with the Palo Verde Unified School District and the Palo Verde Irrigation District. Professional planning, environmental, and engineering consultants also provided support to the City during the planning process. The planning process also included input from the community at community workshops and input from the Planning Commission and City Council; and
WHEREAS, the Colorado River Corridor Plan is a comprehensively planned, waterfront-oriented land use plan intended to complement other areas of the City; and WHEREAS, the City's vision for the Colorado River Corridor Plan area includes providing a variety of housing opportunities to establish viable and livable neighborhoods; preserving valuable open space; developing additional recreational and resort land uses; protecting existing agricultural land uses; creating a multi-purpose recreational trail system; providing additional river access points; and preserving open space while balancing circulation needs; and
Urgency Ordinance No. 926-23-U
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WHEREAS, the Colorado River Corridor Plan establishes connections between all of the lands within its boundaries to provide integration and balance between the Blythe Riverfront and the rest of the City; and
WHEREAS, goals of the Colorado River Corridor Plan include maintaining a small- town atmosphere, encouraging development of resorts, hotels, and other visitor-serving commercial uses, and managing growth and development timing; and WHEREAS, the City is concerned that if commercial solar energy facilities are established, they may be incompatible with residential and other land uses and would obstruct the attainment of the goals and objectives of the Colorado River Corridor Plan; and
WHEREAS, the City is concerned that commercial solar energy facilities may have adverse effects on City residents. Absent this interim urgency ordinance, incompatible commercial solar energy facilities may be established that could adversely impact the quality of life for residents of the City and interfere with the carefully thought out and developed Colorado River Corridor Plan; and
WHEREAS, the Development Services Department requires time to study and assess various approaches to regulating the scale, design, and location of commercial solar energy facilities to ensure they are compatible with residential and surrounding land uses, and to present its recommendations to the City Council; and WHEREAS, there is a current and immediate threat to the public health, safety, and welfare if new commercial solar energy facilities are established, and the approval of any permits or entitlements for such facilities would result in that threat to the public health, safety, and welfare; and
WHEREAS, the City Council desires to extend the moratorium for a period of 10 months and 15 days, or until the City Council adopts an ordinance regulating commercial solar energy facilities, whichever occurs first; and
WHEREAS, on November 14, 2023, the City Council conducted a duly noticed public hearing on the adoption of this ordinance extending the moratorium on the establishment of new commercial solar energy facilities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council finds that the recitals set forth above are true and correct.
SECTION 2. Moratorium. In order to protect the public health, safety, and welfare of the community and pursuant to the provisions of California Government Code section Urgency Ordinance No. 926-23-U
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65858, no new commercial solar energy facility shall be established. The City shall not issue any permits or entitlements inconsistent with this ordinance while this moratorium and any extension thereof is in effect. Nevertheless, as required by State law, the City may continue to accept and process applications for development prohibited by this moratorium. Any application shall be processed at the applicant's sole cost and risk with the understanding that no new commercial solar energy facilities shall be established while this moratorium and any extension thereof is in effect. This ordinance shall apply to all applications for commercial solar energy facilities, including any application that has been filed, even if complete, prior to the effective date of this ordinance.
SECTION 3. Urgency Measure. This ordinance is declared to be an urgency measure and interim ordinance adopted pursuant to the provisions of California Government Code section 65858. As set forth in the findings above, this ordinance is necessary for preserving the public health, safety, and welfare of the community.
Accordingly, upon adoption by a four-fifths vote of the City Council, this ordinance shall take effect immediately.
SECTION 4. Extension; Expiration. The moratorium on the establishment of new commercial solar energy facilities is hereby extended for an additional 10 months and 15 days beyond its original expiration date, such that the moratorium will now expire on October 9, 2024, or until the City Council adopts an ordinance regulating commercial solar energy facilities, whichever occurs first. Thereafter, the moratorium will 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 in accordance with California Government Code section 65858.
SECTION 5. Environmental Compliance. The City Council finds that, regarding the California Environmental Quality Act (CEQA), this ordinance is exempt from CEQA because there is no possibility that the adoption of this ordinance may have a significant adverse effect on the environment (CEQA Guidelines section 15061(b)(3)).
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Blythe hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law.
Urgency Ordinance No. 926-23-U
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PASSED, APPROVED AND ADOPTED this 14th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck
Mayor
ATTEST:
Mallory Crecelius
City Clerk
APPROVED AS TO FORM:
Brittany E. Roberto
City Attorney
Urgency Ordinance No. 926-23-U
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NEW BUSINESS
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: November 14, 2023
SUBJECT: Request to Waive the Temporary Use Permit Fees for the Chamber of Commerce's Tree Lighting Ceremony and Winter Wonderfest PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
RECOMMENDATION: It is recommended the Council waive the Temporary Use Permit Fee of $241.00 for the Chamber's Tree Lighting Ceremony and the Temporary Use Permit Fee of $241.00 for Winter Wonderfest.
FISCAL IMPACT: Loss of revenue in the amount of $482.00.
BACKGROUND: The Chamber of Commerce will install a Christmas tree on a vacant property located at the southeast Corner of Spring Street and Hobsonway. Once installed, there will be a tree lighting ceremony on Friday, December 1, 2023. A Temporary Use Permit is required to place this Christmas Tree on vacant property.
The Blythe Chamber of Commerce plans to host its 3rd Annual Winter Wonderfest at 155 & 175 N. Spring Street (the former Sears and Ashley Home store) on Saturday, December 2, 2023. This event being held on private property requires a TUP. A Street Closure permit was also submitted for the Winter Wonderfest and a Parade Permit was submitted for the Annual Christmas Parade.
Those permits are processed free of charge.
The Council has typically waived fees for these community events.
STAFF REPORT: The Blythe Chamber of Commerce respectfully requests the Council waive the Temporary Use Permit fees for the Tree Lighting Ceremony on December 1, 2023 and Winter Wonderfest on December 2, 2023.
These community events are well attended and have been a great addition to the City. As such, staff recommends waiving the $482.00 TUP fees for the Chamber's Winter Wonderfest events.
ATTACHMENTS: None
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FIRST
CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
MEETING DATE: November 14, 2023
SUBJECT: Revised Resolution Making Findings Regarding the Need for Modifications to the 2022 California Building Standards Code
PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Brittany E. Roberto, City Attorney
RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2023- 027:
4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA, MAKING FINDINGS REGARDING THE NEED FOR MODIFICATIONS TO PROVISIONS OF THE 2022 CALIFORNIA BUILDING
STANDARDS CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS FISCAL IMPACT: None.
BACKGROUND: The California Building Standards Commission adopts and publishes the California Building Standards Code (Title 24 California Code of Regulations) (California Building Codes") every three years. The 2022 California Building Codes took effect January 1, 2023.
The City is permitted to amend the 2022 California Building Codes, provided that the City makes express findings that the modifications are reasonably necessary due to local climatic, geological, and topographical conditions, or for administrative reasons. Since Blythe has special local climatic, geologic, and topographic conditions, this adoption cycle involves similar amendments to those adopted in prior adoption cycles.
On November 8, 2022, the City Council adopted Resolution No. 2022-036, setting forth express findings relating to the local climatic, geological, and topographic conditions in Blythe that make the amendments reasonably necessary. The findings are set forth in Exhibit A to the Resolution.
On December 13, 2022, the City Council adopted Ordinance No. 919-22, adopting by reference the 2022 California Building Codes, with amendments.
As required by California Health and Safety Code Section 17958.7, the City filed a copy of Resolution No. 2022-036 with the California Building Standards Commission for review and approval.
Staff for the California Building Standards Commission has directed that the City provide climatic, geological, or topographical findings for the locally adopted appendices.
STAFF REPORT: Staff has revised Exhibit A to include express findings for Appendices F, I, -156-
and J to the 2022 California Building Code, Appendices AH, AJ, and AQ to the 2022 California Residential Code, and Appendices B, BB, C, CC, D, H, and J to the 2022 California Fire Code.
Staff recommends that the City Council adopt the proposed resolution, which includes the revised Exhibit A. The proposed resolution will replace Resolution 2022-036. Once adopted by the City Council, staff will provide the resolution to the California Building Standards Commission for review and approval.
ATTACHMENTS:
1. Resolution No. 2023-027
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RESOLUTION NO. 2023-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BLYTHE, CALIFORNIA, MAKING FINDINGS REGARDING
THE NEED FOR MODIFICATIONS TO PROVISIONS OF
THE 2022 CALIFORNIA BUILDING STANDARDS CODE
DUE TO LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS
THE CITY COUNCIL OF THE CITY OF BLYTHE HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS:
WHEREAS, California Health and Safety Code Section 18938 makes certain provisions published in the California Building Standards Code pursuant to California Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective 180 days after publication by the California Building Standards Commission ("Commission), or at a later date established by the Commission; and WHEREAS, California Health and Safety Code Section 17958 permits cities to amend the requirements of the California Building Standards Code in accordance with California Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, California Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such modifications in such provisions as a city determines, pursuant to California Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, California Health and Safety Code Section 17958.7 requires that a city, before making modifications pursuant to Health and Safety Code Section 17958.5, make an express finding that such modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under California Health and Safety Code Section 17958.7, modifications pursuant to California Health and Safety Code Section 17958.5 may not become effective until the required findings and the modifications have been filed with the Commission; and
WHEREAS, on December 13, 2022, the City Council of the City of Blythe ("City Council"') adopted Ordinance No. 919-22, adopting by reterence certain provisions of the California Building Standards Code, and making modifications to certain of those provisions pursuant to California Health and Safety Code Section 17958.5 ("Building Regulations Adoption Ordinance"); and
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WHEREAS, prior to adopting the Building Regulations Adoption Ordinance, the City Council adopted Resolution No. 2022-036, making findings regarding the need for modifications to provisions of the 2022 California Building Standards Code due to local climatic, geological, or topographical conditions; and
WHEREAS, staff for the Commission have directed that the City provide climatic, geological, or topographical findings for locally adopted appendices; and WHEREAS, the City Council has reviewed the attached Exhibit A, which sets forth the reasons for the proposed modifications to the California Building Standards Code contained in the Building Regulations Adoption Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLYTHE, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The changes to the provisions of the California Building Standards Code set forth in the Building Regulations Adoption Ordinance are reasonably necessary because of the local climatic, geological, or topographical conditions set forth in Exhibit A in accordance with California Health and Safety Code Section 17958.7.
SECTION 2. The City Council hereby repeals Resolution No. 2022-036, adopted by the City Council on November 8, 2022.
SECTION 3. The City Clerk shall file a copy of this Resolution, including Exhibit A, with the California Building Standards Commission in accordance with California Health and Safety Code Section 17958.7.
PASSED, APPROVED, AND ADOPTED this 14th day of November, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Joseph DeConinck, Mayor
ATTEST:
Mallory Crecelius, City Clerk
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EXHIBIT A
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2022 CALIFORNIA BUILDING STANDARDS CODE DUE TO DUE TO LOCAL
CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS
Finding No. 1. The Palo Verde Valley experiences summer temperatures exceeding 110° Fahrenheit. Adverse climatic conditions increase the likelihood that children will attempt to gain entry into a pool area. The higher fence height, gate-opening hardware height and requirement for permits for pools of a specific size haves been found to be necessary to safeguard the public from unnecessary drownings.
Finding No. 2. The Palo Verde Valley experiences severe Santa Ana winds and storms creating wind gusts of 80 miles per hour. These conditions are particularly conducive to the ignition and spread of grass, brush, and structure fires. Those conditions can also topple an unsafely constructed fence and injure the public.
The tables below set forth the City of Blythe's amendments to the 2022 California Building Standards Code and states which of the findings above make each amendment reasonably necessary.
Sections of the 2022 Building Code Added, Findings
Amended or
Deleted?
105.2 (Work Exempt from Permit) Amended 1,2
105.5 (Expiration) Amended Administrative
105.8 (Recommencement of Work After Added Administrative Expiration, Suspension or Revocation)
109.7 (Refunds) Added
Appendix F Added
Appendix I Added
Appendix J Added
Sections of the 2022 Residential Code Added, Findings
Amended or
Deleted?
R105.2 (Work Exempt from Permit) Amended 1,2
Appendix AH Added 1
Appendix AJ Added 1
Appendix AQ Added 1
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Sections of the 2022 Fire Code Added, Findings
Amended or
Deleted?
101.1 (Title) Amended Administrative
111.1 (Board of Appeals Established) Amended Administrative 112.4 (Violation Penalties) Amended Administrative
903.2.8 (Group R) Amended 2
Appendix B Added 1
Appendix BB Added 1
Appendix C Added 1,2
Appendix CC Added 1,2
Appendix D Added 1,2
Appendix H Added 1
Appendix J Added 2
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CITY OF BLYTHE
Blythe CITY COUNCIL MEETING
STAFF REPORT
AELISHED!
MEETING DATE: November 14, 2023
SUBJECT: Letter of Opposition to the Chuckwalla Monument as Drafted PRESENTED BY: Mallory Crecelius, Interim City Manager
PREPARED BY: Mallory Crecelius, Interim City Manager
Chickals Monumen i dipod be i are a ter sprain tone
the Salton Sea to the Colorado River, as currently drafted.
FISCAL IMPACT: Potential economic impacts from the restriction of recreation and development in desert lands surrounding Blythe.
BACKGROUND: The Protect the California Desert organization is working with Congressman Raul Ruiz, M.D. to call on President Bien to use the Antiquities Act to designate the Chuckwalla National Monument in Riverside and Imperial Counties and to protect lands adjacent to Joshua Tree National Park. The Monument would permanently protect approximately 660,000 acres of federal public lands that reach from the Coachella Valley to the Colorado River. Proposants of the Monument claim this will help ensure equitable access to nature, honor cultural landscapes, protect the desert's unique biodiversity, wildlife habitat and landscape connectivity, and history.
STAFF REPORT: City Officials are concerned with the impacts the proposed Chuckwalla Monument, as currently drafted, may have on the City and its residents. The City would like to better understand how Monument would impact desert land, and public access to it including hunting, off-roading, camping, and rock hounding. The City is also concerned with how this may impact long term plans for solar and other renewable energy development around Blythe.
Little outreach has been done with the City or its residents who will be the most impacted by this Monument Designation. The City would like an opportunity to meet with our Congressman to discuss the exclusion of any land east of Desert center from this proposal.
Blythe residents should have a say in what happens in and around Blythe. As such, the City drafted the attached letter outlining its opposition to the Monument unless amended. Theretore, it is recommended Council direct the Mayor to sign and distribute a Letter of Opposition to the Chuckwalla Monument which proposed to designate 660,000 acres of desert lands streaming from the Salton Sea to the Colorado River, as currently drafted.
ATTACHMENTS:
1. Draft Letter of Opposition to the Chuckwalla Monument, as Drafted -162-
CITY OF BLYTHE
Blythe
235 North Broadway • Blythe, California 92225
Phone (760) 922-6161 • Fax (760) 922-4938
ISHED
November 15, 2023
Congressman Raul Ruiz, M.D.
81718 Doctor Carreon Blvd. Suite G
Indio, CA 92201
Re: Letter of Opposition to the Chuckwalla Monument as Drafted Dear Congressman Ruiz,
The City of Blythe has concerns related to the proposed Chuckwalla Monument. We understand the need to protect historical sites, preserve natural resources and maintain public access to land.
However, the City of Blythe cannot support the proposed Monument as drafted, which includes 660,000 acres reaching from the Coachella Valley to the Colorado River.
Over the years, the City has witnessed more and more of our desert lands restricted from public access by the Bureau of Land Management. This hinders hunting, camping, rock-hounding, and off-roading in our valley. These activities bring tourism and economic benefits to the City. The land is no longer open and accessible as we understood it to be. There is a fear that this monument designation will further restrict public access to lands surrounding Blythe and the Palo Verde Valley.
As presented at a meeting in Chirico Summit, California on October 12, 2023, the monument designation began as an official and permanent way to block the escalating development of solar fields. However, Linda Castro, Assistant Policy Director of CalWild stated to City officials that the land in the proposed monument is excluded from solar development pursuant to the Desert Renewable Energy Conservation Plan (DRECP). If this is the case, why is there a need to provide these lands with a monument designation? If solar development is already restricted, what other uses are proposed to be precluded from use as part of this monument designation? The City of Blythe has been a staunch supporter of solar development. These projects have provided numerous economic benefits to the City and its business community. During COVID- 19, solar construction workers sustained the City's hotels and restaurants. Tax revenue collected from these projects helped the City weather the recession. As such, the City should have a say in what does or doesn't impact the City economically as well as aesthetically.
The City of Blythe is the closest community to the large-scale solar developments occupying the desert. As such, the City should have a say in whether these projects continue on desert lands that surround Blythe. These projects do not impact residents of the Coachella Valley or any other desert community.
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Restricting solar does not meet a State or National objective to provide sustainable and renewable energy. As the State pushes to electrify by 2035, these solar projects will be key to power the grid.
The City of Blythe is well positioned to capture the economic benefits from renewal energy projects and development. This industry is needed to secure the future of the City in light of the closure of Chuckawalla Valley State Prison in Blythe by March 2025.
We understand public outreach has occurred extensively in the Coachella and Imperial Valleys.
To date, no public outreach has occurred in Blythe. At the insistence of the City of Blythe and Blythe Chamber of Commerce, a Town Hall meeting will be held at City Hall on Thursday, November 30, 2023, at 6:00pm. We invite you to attend this meeting and hear these concerns directly from your constituents. Prior to the November 30" meeting, the closest public meeting held to Blythe was in Chirico Summit, 60 miles west of Blythe.
Blythe should have a say in what does or doesn't impact Blythe and its residents. The City of Blythe requests modifications to the draft of the Chuckwalla Monument map, specifically to exclude any area east of Desert Center California. We welcome the opportunity to discuss this with you further.
Sincerely,
Joseph DeConinck
Mayor
Cc: Vice Mayor Rodriguez
Councilman Reynolds
Councilman Halby
Councilman Burton
Linda Castro, CalWild
Lucas Pinon, Senior Field Representative
Shyra Hernandez, Director of Stakeholder Engagement
Kati Cusick, Blythe Chamber of Commerce
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REPORTS
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PUBLIC
COMMENT
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ADJOURN
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