DATE:
September 17, 2024
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Nathan R. Freeman, Director of Development Services
Ryan Leonard, Principal Planner
SUBJECT:
Urgency Ordinance - Wooden Pallet Yards Moratorium
RECOMMENDED ACTION
It is recommended that the City Council waive further reading and adopt Urgency Ordinance 2024-11 pursuant to California Government Code Section 65858 extending a moratorium for a period of ten (10) months and fifteen (15) days from its original expiration date on the establishment or expansion of wooden pallet yards, pending study and adoption of regulatory and zoning standards.
BACKGROUND
Pursuant to State law, Government Code Section 65858, a city may enact an interim zoning ordinance on an urgency basis (“Urgency Ordinance”) 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. If approved, the Urgency Ordinance will be effective for a period of ten (10) months and fifteen (15) days from the original date.
On August 20, 2024, the City Council adopted Urgency Ordinance No. 2024-10 establishing a 45-day moratorium on the establishment or expansion of wooden pallet yards. Pursuant to State law, the adopted Urgency Ordinance is valid for 45 days and will expire on October 4, 2024, unless extended by the City Council. After holding a public hearing, the City Council can extend the Urgency Ordinance from its original expiration date 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.
Within the next few months, staff intends to present a Development Code Amendment to the Planning Commission that will include additional regulations and/or restrictions for the establishment or expansion of new pallet yards. After the Planning Commission hearing, the Development Code Amendment will be presented to the City Council for a final decision. An extension of the Urgency Ordinance will allow staff additional time to complete the necessary work to process the Development Code Amendment and to present it to the Planning Commission and City Council.
ISSUES/ANALYSIS
The City’s Municipal Code currently lacks regulatory and zoning standards to assure that wooden pallet yards do not adversely affect the health, safety, and welfare of the public. For example, pallet storage yards are currently classified as a general industrial use in the Municipal Code and are subject to the general development standards regulating outdoor storage. However, the existing standards do not contain regulations or criteria specifically addressing wooden pallet yards.
Under California Government Code Section 65858, the City may adopt an interim urgency moratorium ordinance temporarily prohibiting land uses which constitute an immediate threat to public health, safety, and welfare and which may be in conflict with contemplated land use policies and regulations which the City is studying or intends to study within a reasonable time. Should wooden pallet yards continue to be permitted without further regulation, such developments would constitute a current and immediate threat to the public health, safety, and welfare for the following reasons:
Fire Risk: Wooden pallet storage yards present an obvious fire hazard due to the storage of large quantities of wood, a combustible material, at a single site. Within the past few years there have been multiple fires associated with pallet yards in nearby cities that have caused millions of dollars in losses.
Stacking Hazards: Pallet storage yards often store wooden pallets in high stacks. Without adequate regulation of the location, height and volume of these stacks, or the separation between these stacks, the health, safety, and welfare of the public may be endangered. The improper or unsafe stacking of wood pallets may be a falling risk, endangering employees, and visitors to these sites, or may become a fire hazard, endangering the general public and neighboring properties.
Currently there are 3 active business licenses within the City for existing pallet yards. In addition, the Planning Division is currently processing four (4) entitlement applications for proposed pallet yards. If the development moratorium is extended, no permit shall be issued for the development or expansion of any wooden pallet storage yards. In addition, the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license, or any other entitlement involving wooden pallet storage yards shall be prohibited while the development moratorium is in effect.
In accordance with Government Code 65858(d) staff is currently studying the issues associated with pallet yards, including new restrictions and/or development standards that may be imposed on their operation to mitigate any potential impacts. This includes evaluating all land use districts in which pallet yards are permitted for suitability and evaluating development standards and best practices from other jurisdictions to determine if they would be appropriate City wide.
Further, staff believes that the continued approval of entitlements, building permits, or other approvals for new pallet storage yards without further studies and regulatory standards, poses a current and immediate threat to public health, safety, and general welfare. Further regulations are needed for the purpose of protecting neighborhoods from the negative effects created by such businesses.
As previously noted, per Government Code Section 65858, a municipality 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 from the original expiration date, or until such time as a permanent development code amendment is in full force and effect.
ENVIRONMENTAL REVIEW
Approval of the Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act per Section 15061(b)(3), where it can be seen with certainty that there is no significant effect on the environment.
CITY GOAL SUPPORTED BY THIS ITEM
Future Development: Facilitate balanced growth to ensure cohesive community development and pursue economic development.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Urgency Ordinance 2024-11
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Urgency Ordinance – Wooden Pallet Yards Moratorium
September 17, 2024