DATE:
March 21, 2023
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Ryan Leonard, Senior Planner
SUBJECT:
Consideration of an Urgency Ordinance Adopting an Interim Urgency Ordinance Pursuant to California Government Code Section 65858 Extending a Moratorium on the Establishment or Expansion of Car Washes for a Period of Ten (10) Months and Fifteen (15) Days.
RECOMMENDED ACTION
It is recommended that the City Council adopt Urgency Ordinance 2023-04 pursuant to California Government Code Section 65858, extending a moratorium for a period of ten (10) months and fifteen (15) days a moratorium on the establishment or expansion of car washes.
BACKGROUND
Pursuant to State law, Government Code Section 65858, a city may enact an interim zoning ordinance on an urgency basis for the protection of public safety, health, and welfare by prohibiting any use(s) that a city is intending to study within a reasonable period of time. In recent years, the City of Hesperia has had several new proposed car wash businesses which negatively impact the quality of life within Hesperia and compromises Hesperia's ability to provide a variety of services and attract new businesses.
On February 7, 2023 the City Council adopted Urgency Ordinance No. 2023-01 establishing a 45-day moratorium on the establishment or expansion of car washes. Pursuant to State law, the adopted urgency ordinance is valid for 45 days and will expire on March 24, 2023, unless extended by the City Council. After holding a public hearing, the City Council can extend the urgency ordinance for up to an additional 10 months and 15 days, for a total period of one year. As with the initial adoption of the urgency ordinance, a four-fifths (4/5) vote is required to extend the urgency ordinance.
Staff intends to present a development code amendment to the Planning Commission on April 13, 2023, that would include additional regulations for the establishment of new car wash facilities. After the Planning Commission hearing, the upcoming development code amendment would be presented to the City Council for a final decision. An extension of the urgency ordinance would allow staff additional time to complete the necessary work to finalize the development code amendment and to present it to the Planning Commission and City Council.
ISSUES/ANALYSIS
There are three common types of car washes: full service, express, and ancillary facilities. Full- service car washes are usually stand-alone facilities where employees either hand wash or detail vehicles. Express car washes are usually fully automated car wash facilities with self- serve vacuum stalls. Ancillary facilities are typically automated facilities that are associated with gas stations, and more commonly called drive- thru car washes. There are currently no City- wide regulations in effect regarding the operational and locational standards for car washes of any type.
The City currently has 21 car washes including 13 express facilities, three full-service facilities, and five facilities that are attached to gas stations, minimarts, and other business. A table of all facilities citywide and their location is shown below in Table 1. Attachment 1 shows the locations of the facilities that are along Main Street and Bear Valley Road.
Table 1-Carwash Facilities Citywide
No.
Address
Type
Name
1 16002 Main St
Full Service
Shark Sight Hand Car Wash and Hot Wax
2 16701 Main St
Express
Main Street Car Wash
3 13311 Main St
Express
Hesperia Speedwash
4 14076 Main St
Express
Xpress Car Wash Inc
5 14949 Bear Valley Rd
Full Service
Bear Valley Car Wash
6 18659 Bear Valley Rd
Express
Quick Quack Car Wash
7 16028 Main St
Express
E-Z Coin Car Wash
8 17165 Bear Valley Rd
Express
Bear Valley Coin Car Wash
9 17985 Bear Valley Rd
Express
Express Car Wash
10 17465 Main St
Express
Gaius Family Corp
11 13188 Main St
Gas Station
Chevron Travel Center
12 12720 Main St
Gas Station
Sky Marketing Inc
13 Main St
Express
Quick Quack Car Wash
14 16968 Main St
Express
Quick Quack
15 17112 Main St
Express
Mister
16 13100 Main St
Gas Station
Western Refining Retail
17 12675 Main St
Express
Main Street Inc
18 13537 Main St
Express
Sparkys Car Wash
19 16575 Bear Valley Rd
Full Service
Shine Auto Spa
20 15760 Ranchero Rd
Gas Station
Shell
21 12750 Main St
Gas Station
AM PM
As developable commercial land becomes scarcer in the City, there is concern that the proliferation of car washes without due consideration presents an immediate threat to public health, safety, or welfare because car washes generate undesirable conditions for adjacent properties as a result of noisy, large-scale industrial equipment including vacuums, pumps, pressurized sprayers, dryers, engines, and car stereos. In addition, the use increases vehicle traffic in the immediate vicinity, and can cause runoff of chemicals. Airborne mist, odors from chemicals and vehicle exhaust are also a result of such uses.
Furthermore, the oversaturation of car washes in the City provides little economic benefit to the City or City residents as there are minimal sales tax revenues associated with the use, few employees hired, and typical wages paid would not increase the City’s overall median income. Car washes are often noisy due to large industrial sized equipment and cause an increase in vehicular traffic where they are located. Additionally, car washes near residential uses have the potential to expose residents to excessive noise and traffic. The negative impacts frequently associated with operation of car washes will likely increase as car washes continue to proliferate throughout the City, resulting in an unregulated and significant negative impact upon public health, safety, and welfare of the community.
Staff intends to study the issues associated with car washes to determine which locations are most appropriate for the use, and the types of development standards that should be imposed on their operation to mitigate any potential impacts. This includes reviewing land use definitions for car washes to determine if revisions are needed, evaluating all land use districts in which car washes are permitted for suitability and study development standards and best practices from other jurisdictions to determine if they would be appropriate City-wide.
Further, staff believes that continued approval of entitlements, building permits, or other approvals for new or expanded car washes poses a current and immediate threat to the public health, safety or general welfare. Without further regulation of their location and operation, there is the potential for significant negative impacts by the development of new car washes or the expansion of existing car washes that cannot be mitigated.
Pursuant to Government Code Section 65858, a city may adopt an interim ordinance, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time, for the immediate preservation of the general health, safety or welfare, provided the ordinance contains a declaration of the facts constituting the urgency, and is passed by not less than a four-fifths (4/5) vote of the City Council. With adoption of this Ordinance, the City will extend the moratorium for a period of ten (10) months and fifteen (15) days, or until such time as a permanent development code amendment is in full force and effect.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Deny the extension of the development moratorium and allow the existing 45-day moratorium to expire Provide alternative direction to staff.
ATTACHMENT(S)
Carwash locations along Main Street and Bear Valley Road Urgency Ordinance 2023-04
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the City Council
Urgency Ordinance-Carwash Moratorium
March 21, 2023