CITY OF POMONA
COUNCIL REPORT
July 18, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, AICP, Development Services Director SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, ESTABLISHING A TEMPORARY 45-DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA RECOMMENDATION:
It is recommended that the City Council introduce, waive further and give reading to the following urgency ordinance (Attachment No. 1):
URGENCY ORDINANCE NO. 4319 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, ESTABLISHING A TEMPORARY 45-DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA EXECUTIVE SUMMARY:
A city-initiated request to consider the establishment of a temporary 45-day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses that are located within the City of Pomona. If approved, the moratorium will be adopted as an urgency ordinance in accordance with Government Code Section 65858 and a written report describing the measures which the City has taken to address the conditions which led to the adoption of the urgency ordinance will be issued at least 10 days prior to the expiration of the 45-day moratorium. An affirmative vote of four-fifths of the City Council is required for this ordinance to be adopted.
FISCAL IMPACT:
The adoption of the urgency ordinance will not result in any fiscal impact at this time.
ENVIRONMENTAL IMPACT:
Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA), this Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, Warehouses, trucking facilities, and related uses within the City. Furthermore, even if the Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on Warehouses, trucking facilities, and related uses. Accordingly, no further environmental review is necessary. Furthermore, as the Ordinance is an administrative procedure related to uses, facilities, and regulations identified in the Pomona Zoning Ordinance and General Plan, and given that the proposed Ordinance is not related to a specific project, the Ordinance (i) by virtue of the location of affected improvements, will not impact a sensitive environmental resource of hazardous or critical concern; (ii) will not have a cumulative impact on the environment through successive projects of the same type, in the same place, over time; (iii) does not have any unusual circumstances that will have a significant effect on the environment; (iv) does not impact a scenic highway; (v) is not located on a hazardous waste site; and (vi) will not adversely impact a historical resource. Accordingly, none of the exceptions to categorical exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this Ordinance.
DISCUSSION:
During the City Council meeting of June 6, 2022, Staff prepared a discussion regarding a potential moratorium and other strategies to address cumulative impacts from warehousing development in the City of Pomona (see Attachment No. 2 for the complete discussion). Staff reported that due to high market demand, Pomona and the surrounding region is experiencing increased interest in the development and redevelopment of industrially zoned land. The warehousing demand, if fulfilled in Pomona without additional regulation, will likely increase impacts from truck traffic, poor warehouse design, and location to sensitive receptors. Staff identified four strategies for Council’s consideration to address the cumulative impacts from unprecedented warehousing demand in the region— 1) an immediate moratorium, 2) updating the City’s zoning code, 3) creating an Environmental Justice element in the General Plan, and 4) adopting a warehouse tax. The proposed urgency ordinance addresses the first solution, the establishment of a moratorium, which will be considered by the Council.
As directed by Council during the meeting of June 6, 2022, Staff has prepared a draft urgency ordinance for consideration. If adopted, the urgency ordinance will establish a 45-day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses that are located within the City of Pomona. An exemption will be included for existing warehouse establishments that propose expansions that are no greater than 20,000 square feet and include no more than one at-grade, roll-up door. All other industrial uses, such as manufacturing, are exempt from this moratorium.
Per Government Code section 65858, the Urgency Ordinance requires an affirmative vote of four-fifths of the City Council to be adopted. If passed, the Urgency Ordinance will continue in effect for 45 days (until September 1, 2022) and, thereafter, will be of no further force and effect, unless, the City Council extends the Moratorium. Any ordinance extending the Moratorium requires a noticed public hearing and can be for up to an additional 10 months and 15 days. Thereafter, the Moratorium may be extended again for 1 additional year. Cumulatively, a moratorium can be implemented for two years.
During the period of this Moratorium, and any extension thereof, the City Manager or his designees must: (1) consider whether the establishment, expansion, or modification of Warehouses and trucking facilities, and related uses may result in a threat to public health, safety and welfare, and (2) issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of the Urgency Ordinance. The report must be issued at least 10 days before the expiration of the Moratorium, or any extension thereof and made available to the public. The City Council will, in turn, analyze the report and determine whether conditions continue to exist to justify further extensions to the Moratorium.
COUNCIL PRIORITIES & GOALS:
This item supports the following 2021-2022 City Council priorities and goals:
Priority 2: Economic Development – Goal J: Encourage the development and maintenance of quality housing opportunities for all.
Priority 3: Safe and Clean Community – Goal M: Improve safety and cleanliness at parks and public spaces.
Priority 5: Infrastructure – Goal P: Improve condition of streets, alleys, and associated sidewalks.
Prepared by:
_____________________________
Vinny Tam, AICP
Senior Planner
ATTACHMENT(S):
Attachment No. 1 – Draft Urgency Ordinance No. 4319
Attachment No. 2 – City Council Staff Report dated June 6, 2022 Reading of Urgency Ordinance No. 4319 for Code Amendment (Code 018751-2022)