CITY OF POMONA
COUNCIL REPORT
August 15, 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, EXTENDING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS 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. 4321 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, EXTENDING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS EXECUTIVE SUMMARY:
A city-initiated request to consider an extension of the Moratorium for an additional ten (10) months and fifteen (15) days 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. As required before any extension a written report (“10-day report”) was brought to the City Council on August 1, 2022 (Attachment No. 2). The written report addressed the conditions that led to the adoption of the urgency ordinance and what the City has been doing to address those conditions. An affirmative vote of five-sevenths (5/7) 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.
PUBLIC NOTICING REQUIREMENTS:
The public hearing on this item has been duly noticed in accordance with State law. The notice was published in the Inland Valley Daily Bulletin on Thursday, August 4, 2022 (Attachment No. 3).
PREVIOUS RELATED ACTION:
On July 18, 2022, the City Council adopted Urgency Ordinance No. 4319, establishing a temporary 45 day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses city-wide (Attachment No. 4). This ordinance is scheduled to expire on September 1, 2022.
On August 1, 2022, the City Council issued and filed the 10-day report describing the measures which the City has taken to address the conditions which led to the adoption of the Moratorium as required per Government Code 65858.
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. 5 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) adopt an immediate moratorium, 2) update the City’s zoning code, 3) create an Environmental Justice element in the General Plan, and 4) adopt a warehouse tax. The urgency ordinance which was adopted on July 18, 2022 addresses the first solution, the establishment of a Moratorium.
During the initial Moratorium period, City Staff analyzed existing regulations and researched the adverse impacts of warehouses, distribution centers and truck storage facilities, as well as, existing regulations and development standards enacted in surrounding jurisdictions to determine which standards would best address the traffic, safety, health, and environmental concerns, while still allowing for growth of such uses and other industrial developments within the City. The 10-day written report describing the measures which the City has taken to address the conditions which led to the adoption of the Moratorium was brought before the City Council on August 1, 2022. Despite City Staff’s efforts, the conditions which necessitated adoption of the Moratorium continue to exist at the present time. City Staff is requesting an additional ten (10) months and fifteen (15) days to further analyze, research and develop appropriate regulations to alleviate the conditions which led to the adoption of the Moratorium. Extending the Moratorium will provide City Staff with the necessary time to complete its analysis, research and development of appropriate regulations for allowing the establishment, modification, or expansion of warehouses, distribution centers and truck storage facilities to ensure the protection of the public health, safety and welfare.
Government Code Section 65858 authorizes the City Council, to extend the Moratorium for up to ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on July 16, 2023, or until the City Council adopts an ordinance addressing the issues and adverse impacts raised by warehouses, trucking facilities, and related uses that are located within the City, whichever occurs first. Approval by a five-sevenths (5/7) vote of the City Council is required in order to extend the Moratorium. The City Council may subsequently extend the Moratorium for one additional year.
Additional Language for Consideration:
At the July 18, 2022 City Council meeting there was a concern raised by a speaker regarding limitations on land that the City has entered into a Purchase and Sale Agreement (PSA) with and there was a request to add an exemption for land that falls under this situation. Should Council want to pursue this request, suggested language to include in the moratorium ordinance is as follows: Any parcel(s) of land that has an executed PSA with the City prior to August 15, 2022 and a subsequent agreement such as, but not limited to, a Development and Disposition Agreement, Public Benefits Agreement or Statutory Development Agreement shall be exempt from Ordinance 4321.
Additionally, in order to provide certainty to previously entitled projects, staff recommends the following language be included in the moratorium ordinance: This moratorium is only intended to apply to new or pending discretionary approvals, and shall not apply to the issuance of ministerial permits, such as grading, demolition or building permits, for the uses set forth in Section 4 above, provided that such ministerial permits are applied for in connection with an approval (conditional use permit, a subdivision map or land use entitlement) effective prior to the initiation of the moratorium on July 18, 2022. Thus, such permits may continue to be issued to implement discretionary entitlements and/or permits (including but not limited to conditional use permits) that were approved by the City prior to the date set forth above. All entitlements and permits issued prior to the adoption of this moratorium or ordinance shall not be impacted in any way by this ordinance.
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. 4321
Attachment No. 2 – 10-Day Report dated August 1, 2022
Attachment No. 3 – Public Hearing Notice
Attachment No. 4 – Urgency Ordinance No. 4319
Attachment No. 5 – City Council Staff Report dated June 6, 2022 Reading of Urgency Ordinance No. 4321 for Code Amendment (Code 018982-2022)