MAYOR AND CITY COUNCIL:
Joe Males
Mayor (District 4)
Jaculin "Jackie" Peterson
Mayor Pro Tem (District 2)
Carole Kendrick
Council Member (District 1)
Malcolm Lilienthal
Council Member (District 3)
Linda Krupa
Council Member (District 5)
Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Saturday, October 12, 2024
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
SPECIAL MEETING AT 9:00 A.M.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live Stream: This meeting will be live-streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 8:00 a.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: ***UPDATED PROCEDURES***POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all participating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/85469417543
Webinar ID: 854 6941 7543
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Clerk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA Title II)
Page
1. SPECIAL MEETING - 9:00 A.M.
2. CALL TO ORDER
3. ROLL CALL
4. PLEDGE OF ALLEGIANCE
5. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. There is a 3-minute-per-person time limit for all items on the agenda. All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 8:00 a.m. the day of the meeting.
Please state your name and item you are commenting on before speaking.
5.A. Public Comment for Items Listed on the Agenda
6. PUBLIC HEARING
The City Council’s Procedures for Public Hearing will be as follows:
o Staff will provide a report and clarification of items presented. o The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item: followed by rebuttal to any comments made. o The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.). o Discussion will be brought back to the City Council for direction or action.
6.A. Adoption of an Urgency Ordinance Establishing a 45-Day Moratorium on the Establishment or Expansion of Warehouse and Distribution Facilities in the City of Hemet
Staff Report #24-377 - Pdf
Recommendation:
It is respectfully recommended that the City Council hold the public hearing and consider adoption of the proposed Urgency Ordinance pursuant to Government Code Section 65858, establishing a 45-day moratorium on the approval of applications for the establishment or expansion of warehouse and distribution facilities within the City. 5 - 22
7. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: October 10, 2024 at 6:15 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Special Meeting - Oct 12 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing
TITLE:
Adoption of an Urgency Ordinance Establishing a 45-Day Moratorium on the Establishment or Expansion of Warehouse and Distribution Facilities in the City of Hemet
RECOMMENDED ACTION:
It is respectfully recommended that the City Council hold the public hearing and consider adoption of the proposed Urgency Ordinance pursuant to Government Code Section 65858, establishing a 45- day moratorium on the approval of applications for the establishment or expansion of warehouse and distribution facilities within the City.
BACKGROUND:
The City of Hemet has experienced a significant increase in proposals for the development and expansion of large-scale warehouse and distribution facilities. These proposals raise concerns regarding traffic, environmental impacts, and public health, particularly related to the increase in diesel truck traffic, air quality degradation, and strain on infrastructure. The City’s existing zoning regulations may not adequately address the unique challenges posed by these developments.
Pursuant to California Government Code Section 65858, the City is authorized to adopt an urgency ordinance to place a temporary moratorium on land uses that may conflict with a contemplated zoning proposal. This moratorium will provide the City with the necessary time to assess the full scope of the potential impacts and to formulate appropriate policies and regulations to guide future development.
ANALYSIS:
The proposed urgency ordinance imposes a 45-day moratorium on the approval of any applications, permits, or entitlements for the establishment or expansion of warehouse and distribution facilities.
This will halt further approvals while allowing the City to conduct a review of the impacts associated with these facilities. The review will include, but is not limited to:
6.A.
Traffic congestion: Warehouse operations typically generate substantial heavy-duty truck traffic, which can contribute to road wear, increased congestion, and safety concerns.
Environmental impacts: Diesel trucks are a significant source of air pollution, including particulate matter and nitrogen oxides, which pose health risks to residents, especially in communities near such facilities.
Public health considerations: The operation of large warehouses is associated with increased risks of respiratory issues due to air pollution and noise pollution from increased traffic.
Land use compatibility: The proximity of proposed warehouse facilities to residential neighborhoods raises concerns about land use conflicts, noise, and visual impacts. During the moratorium, City staff will study these impacts and will develop recommendations for amendments to the City’s General Plan, zoning ordinance, and environmental policies as necessary.
The Ordinance as drafted exempts warehouses and distribution facilities less than 35,000 square feet.
DISCUSSION:
The rapid rise in warehouse development applications is largely driven by the growth of e-commerce and changes in supply chain logistics, which require increased storage and distribution capacity.
These facilities provide economic benefits, including job creation and increased tax revenue, but they also pose significant challenges, especially in terms of public health, environmental sustainability, and infrastructure strain.
The temporary moratorium will allow the City to balance economic development with the need to protect residents’ quality of life, public health, and safety. The City’s review will also explore best practices in managing the impacts of large-scale industrial developments and ensuring that future growth is aligned with the City’s long-term goals.
PREVIOUS COUNCIL ACTION:
This is the first time the Hemet City Council is considering a moratorium on warehouse and distribution facility developments. There has been no prior Council action on this matter.
STRATEGIC PLAN INTEGRATION:
N/A
FISCAL IMPACT:
There is no immediate direct fiscal impact associated with the adoption of this moratorium. However, the City will incur costs related to the studies and staff time required to assess the potential impacts of warehouse developments and develop new policies. These costs are expected to be absorbed within the City’s existing budget allocations for planning and development services.
ALTERNATIVE(S):
6.A.
Adopt the Ordinance with Modifications: The City Council could modify the scope or duration of the moratorium, such as reducing or extending the moratorium period or altering the specific land uses covered by the moratorium.
Do Not Adopt the Ordinance: The City Council may choose not to adopt the urgency ordinance, allowing the approval of new warehouse and distribution facility applications to proceed under current regulations.
Direct Further Study Without Imposing a Moratorium: The Council could direct staff to study the issue without adopting a moratorium, allowing the City to proceed with research while continuing to process applications.
ATTACHMENT(S):
HMT - Warehouse Moratorium SGPrev 2024.10.10
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2024-xxx
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HEMET, CALIFORNIA, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A FORTY-FIVE (45) DAY MORATORIUM
ON THE ESTABLISHMENT OR EXPANSION OF
WAREHOUSE AND DISTRIBUTION FACILITIES WITHIN
THE CITY OF HEMET, AND DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hemet, California ("City") is experiencing a rapid increase in applications and proposals for the construction and operation of large- scale warehouse and distribution facilities within the City limits; and WHEREAS, the proliferation of warehouse and distribution facilities has the potential to significantly impact the City’s land use patterns, environmental quality, public health, traffic congestion, and overall quality of life; and WHEREAS, the operation of warehouses and distribution facilities can lead to increased air pollution, noise pollution, and greenhouse gas emissions due to the volume of diesel truck traffic associated with such facilities, thereby contributing to adverse health impacts for City residents, including higher risks of respiratory diseases and other health conditions; and
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, the increased truck traffic generated by warehouse operations could exacerbate traffic congestion and deteriorate road conditions, potentially resulting in increased costs to the City for road maintenance and repairs; and WHEREAS, the City’s current zoning regulations do not adequately address the unique impacts of large-scale warehouse and distribution facilities, and the City has not comprehensively considered the potential impacts of these developments; and
WHEREAS, there is an urgent need for the City to review and revise its General Plan, zoning ordinance, and other applicable policies and regulations to ensure that warehouse and distribution facility developments are appropriately sited, scaled, and operated in a manner that mitigates adverse impacts on the community, including environmental and traffic impacts; and
WHEREAS, the City Council recognizes that the establishment of warehouse and distribution facilities within its jurisdiction is expected to stimulate economic growth and provide significant employment opportunities, contributing to the reduction of local unemployment and supporting the City’s economic development goals through the creation of jobs across a range of skill levels; and WHEREAS, the rapid growth of e-commerce and changing consumer trends have increased the demand for warehouse and distribution space to facilitate the storage, packaging, and distribution of goods purchased online, positioning Hemet to
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
benefit from this market trend and participate in the modernization and expansion of logistics infrastructure; and
WHEREAS, the City has designated industrial-zoned land that is underutilized and well-suited for the development of warehouse and distribution facilities, allowing for efficient use of these areas while avoiding pressure on residential or agricultural land, in alignment with the City’s General Plan and land use policies; and WHEREAS, the construction of warehouse and distribution facilities brings opportunities for private investment to enhance public infrastructure, including road improvements, traffic signal upgrades, and utility expansions, which benefit not only the facilities but also the broader community by improving transportation and development capacity; and
WHEREAS, the development of warehouse and distribution facilities generates significant property tax revenue, and in some cases sales tax revenue, which contributes to the City’s general fund, enabling the provision of essential public services such as public safety, parks, and infrastructure maintenance, enhancing the overall quality of life for Hemet residents; and
WHEREAS, Government Code Section 65858 authorizes the adoption of an interim urgency ordinance prohibiting land uses that may be in conflict with a contemplated General Plan, specific plan, or zoning proposal that the City is studying, considering, or intending to study within a reasonable time period; and
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, the City Council has determined that the approval of new warehouse and distribution facilities during the time necessary to complete any necessary studies, develop appropriate policies, and revise existing regulations would pose a current and immediate threat to public health, safety, and welfare; and WHEREAS, to protect the public peace, health, safety, and welfare, it is necessary to temporarily halt the approval, permitting, and establishment of new warehouse and distribution facilities within the City of Hemet to allow time for the City to study and address the potential impacts of such developments; and WHEREAS, the City Council finds and determines that the adoption of this urgency ordinance is necessary for the immediate preservation of the public peace, health, and safety pursuant to Government Code Section 65858, and that the approval of any new warehouse and distribution facilities while these studies are conducted would result in a significant, irreversible impact to the community.
WHEREAS, This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Hemet by Government Code Section 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that, such Ordinance had been adopted pursuant to each of the individual sections set forth herein. The City Council of the City of Hemet also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, for the immediate preservation of the public safety, health, or peace.
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, the Interim Urgency Ordinance shall expire forty-five (45) days after the date of adoption unless extended by the City Council.
WHEREAS, it is necessary to prohibit, as a public nuisance, the establishment, development, or operation of any warehouse, whether or not previously approved by permit or entitlement, is hereby declared to constitute a public nuisance if it is determined to adversely affect the public health, safety, or welfare, or to substantially interfere with the rights of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS. The City Council declares that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety, as detailed in the recitals set forth above which are hereby adopted as findings in support of this Ordinance. Additionally, the City Council adopts the following findings in support of the adoption of this Ordinance:
Finding 1: Rapid Increase in Warehouse Development Proposals The City of Hemet has experienced a significant increase in applications and proposals for the development of large-scale warehouse and distribution facilities within its jurisdiction. This trend has raised concerns regarding the adequacy of the City’s existing land use regulations to effectively address the potential impacts associated with these developments, including their size, scope, and proximity to residential areas. The City requires additional time to comprehensively study these developments and determine appropriate measures to manage their growth.
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 6
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Finding 2: Potential Adverse Impacts on Air Quality and Public Health The operation of warehouse and distribution facilities generates significant diesel truck traffic, which increases emissions of particulate matter and nitrogen oxides, pollutants that are linked to respiratory diseases and other health problems. Given the City’s existing air quality challenges and the health impacts associated with such emissions, a moratorium is necessary to allow time for the City to study these impacts and develop appropriate land use policies and environmental mitigation measures to protect the health of residents, especially those in nearby neighborhoods.
Finding 3: Traffic Congestion and Infrastructure Strain Warehouse and distribution facilities typically generate a high volume of truck traffic, particularly heavy-duty trucks, which place considerable strain on local road infrastructure. Increased truck traffic can lead to traffic congestion, increased road maintenance costs, and potential safety hazards for residents and other drivers. The City Council is concerned that existing transportation and infrastructure plans do not adequately address the impacts of large-scale warehouse operations. A temporary moratorium will allow the City to assess its infrastructure capacity and update its plans if necessary.
Finding 4: Environmental Concerns
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 7
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
The proliferation of warehouse and distribution facilities has the potential to create significant environmental impacts, including increased noise pollution, stormwater runoff, and habitat disruption. The City’s current zoning and environmental regulations may not adequately address these impacts, particularly in areas near sensitive receptors such as residential neighborhoods, schools, and natural open spaces. A moratorium will provide the City with the opportunity to study and implement measures to mitigate these environmental concerns.
Finding 5: Incompatibility with Surrounding Land Uses
Many of the proposed warehouse and distribution facilities are located near residential communities, schools, and parks, raising concerns about land use compatibility. The noise, traffic, and visual impacts associated with warehouse operations could degrade the quality of life for residents in nearby areas. The City’s current land use policies may not fully account for these incompatibilities. A temporary moratorium is necessary to allow the City to review and revise its zoning code to ensure appropriate separation of industrial and residential uses.
Finding 6: Inadequate Planning and Zoning Regulations
The City’s General Plan and zoning regulations were not developed with the rapid proliferation of large-scale warehouses in mind and may be insufficient to manage the scale and intensity of such developments. As a result, there is an urgent need to review and update the City’s land use policies, environmental standards, and zoning regulations to ensure that the development of warehouse and distribution facilities
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 8
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
aligns with the long-term goals of the City and adequately protects the health, safety, and welfare of its residents. The imposition of a moratorium will provide the necessary time for this comprehensive review.
Finding 7: Immediate Threat to Public Health, Safety, and Welfare The continued approval of new warehouse and distribution facilities during the period of regulatory uncertainty presents a current and immediate threat to the public health, safety, and welfare. Without a moratorium, these developments could be approved under outdated regulations, leading to adverse and irreversible impacts on the community. The temporary moratorium will prevent this threat and ensure that future developments align with the City’s goals of protecting environmental quality, public health, and infrastructure integrity.
Finding 8: Need for Comprehensive Study and Public Input The potential impacts of warehouse and distribution facilities require careful consideration to fully understand their effects on the community, environment, traffic, and infrastructure. The City also needs to provide opportunities for public input to ensure that residents’ concerns are heard and addressed. The imposition of a temporary moratorium will allow the City to conduct these studies, engage with the public, and develop thoughtful, long-term policies that reflect the community’s needs and values.
SECTION 2. MORATORIUM IMPOSED
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 9
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
In accordance with the authority granted by California Government Code Section 65858, an immediate moratorium is hereby imposed on the approval of any applications, permits, or entitlements for the establishment, expansion, or operation of any new warehouse and distribution facilities within the City of Hemet, except as expressly provided in this Ordinance.
SECTION 3. DEFINITION
For the purposes of this Ordinance, a "warehouse and distribution facility" shall be defined as a building or structure used primarily for the storage, handling, and distribution of goods and products, including but not limited to, fulfillment centers, distribution hubs, and logistics centers, typically involving high volumes of truck traffic and goods movement. This definition excludes any facility where the primary use is retail sales to the general public and where onsite retail operations make up the majority of the business activities, such as membership-based wholesale stores or large retail establishments with onsite customer access.
SECTION 4. STUDY AND REVIEW PERIOD
During the moratorium period, the City Manager is authorized and directed to prepare such studies as are necessary to assess the potential impacts of warehouse and distribution facilities on the City, including but not limited to traffic congestion, environmental concerns (including air quality and noise), public health impacts, economic and social impacts on surrounding neighborhoods, and appropriate land use regulations and zoning standards. The City Manager is authorized and directed to
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 10
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
prepare and bring to the City Council such General Plan Amendments, zoning ordinances, and any other relevant regulations based on the findings of the study to the City Council for consideration.
SECTION 5. APPLICABILITY
A. Prohibited Activities: During the effective period of this Ordinance, no official, officer, employee, agent, department, or commission of the City shall:
1. Approve or issue any building permits, conditional use permits, site plan approvals, variances, or other entitlements for the establishment of any new warehouse and distribution facility with a total floor area equal to or greater than 35,000 square feet within the City.
2. Approve any expansion, enlargement, or intensification of an existing warehouse and distribution facility that would result in the facility’s total floor area reaching or exceeding 35,000 square feet.
3. Approve any other discretionary or ministerial permits or actions related to the construction, development, or operation of any warehouse and distribution facility with a total floor area of 35,000 square feet or more.
B. Exemptions: The following uses or facilities are exempt from this moratorium:
1. Warehouse and distribution facilities with a total floor area of less than 35,000 square feet.
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 11
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
2. Warehouse and distribution facilities for which all necessary permits and entitlements were approved prior to the effective date of this Ordinance.
3. Minor alterations, repairs, or improvements to existing warehouse and distribution facilities that do not result in an expansion of the facility’s floor area to 35,000 square feet or more, or increase the volume of traffic, noise, or environmental impacts.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, or phrase 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 hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 7. CEQA FINDINGS.
A. The City Council finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), which states that CEQA applies only to projects that have a potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. This urgency ordinance imposes a temporary moratorium on the approval of new warehouse and distribution facilities and does not authorize or
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
approve any physical development or land use activities. Therefore, this Ordinance will not result in a physical change to the environment.
B.The City Council further finds that this Ordinance is exempt from CEQA under the "Common Sense Exemption" set forth in CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. It can be seen with certainty that the temporary moratorium established by this Ordinance, which is intended to suspend the approval of new warehouse and distribution facilities, will not result in any significant environmental effects because it only prevents certain actions from being taken during the moratorium period and does not authorize any physical construction, activity, or land use change.
C.This Ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15308, which exempts actions taken by regulatory agencies for the protection of the environment. The purpose of this moratorium is to allow the City to conduct necessary studies regarding the potential environmental impacts of warehouse and distribution facilities, including but not limited to air quality, traffic, noise, and public health, and to develop appropriate land use regulations to address these impacts. Therefore, this action is intended to protect the environment by preventing potentially harmful development until proper regulations can be enacted.
D.If any section, subsection, sentence, clause, or phrase of these CEQA findings 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 these findings. The City Council hereby declares that it would have adopted these findings and each section, subsection, sentence, clause, and phrase hereof,
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 13
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 8. EFFECTIVE DATE; DURATION; EXPIRATION.
This Ordinance, being an urgency measure for the immediate preservation of the public peace, health, and safety, shall take effect immediately upon its adoption by four-fifths of the City Council pursuant to California Government Code Section 65858. This Ordinance shall remain in effect for a period of 45 days from the date of adoption unless extended by the City Council as provided in Government Code Section 65858. Any extension of this Ordinance shall require notice and a public hearing in accordance with the provisions of Government Code Section 65858.
///
///
///
///
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF HEMET, CALIFORNIA, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858
ESTABLISHING A FORTY-FIVE (45) DAY MORATORIUM
ON THE ESTABLISHMENT OR EXPANSION OF
WAREHOUSE AND DISTRIBUTION FACILITIES WITHIN
THE CITY OF HEMET, AND DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
APPROVED AND ADOPTED BY FOUR-FIFTHS OF THE CITY COUNCIL OF THE CITY OF HEMET AT A SPECIAL MEETING ON OCTOBER 12, 2024.
MAYOR OF THE CITY OF HEMET
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 14
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
____________________________________
Joe Males, Mayor
CITY CLERK
ATTEST
_______________________________
John Paul Maier, City Clerk
6.A.
CITY OF HEMET ORDINANCE NO. 2024-XXX 15
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was adopted by the Hemet City Council on the 12 th day of October, 2024, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
6.A.