CITY OF POMONA
COUNCIL REPORT
May 15, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, AICP, Development Services Director SUBJECT: A COUNCIL REPORT ON THE TEMPORARY TEN (10) MONTHS AND FIFTEEN (15) DAYS MORATORIUM ADOPTED BY THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS, WHICH LED TO THE ADOPTION OF THE MORATORIUM, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858.
RECOMMENDATION:
It is recommended that the City Council issue and file a Council Report (Attachment No. 1) to the public describing the City’s measure to alleviate conditions that led to the adoption of Urgency Ordinance No. 4321, establishing a temporary ten (10) month and fifteen (15) day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses city-wide (Attachment No. 2).
EXECUTIVE SUMMARY:
On July 18, 2022, the Council adopted Urgency Ordinance No. 4319 (Attachment No. 3), establishing a temporary 45-day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses city-wide. Subsequently, on August 15, 2022, Council adopted Urgency Ordinance No. 4321, establishing a 10-month and 15-day moratorium, thereby extending the original 45-day moratorium. Per Government Code Section 65858(d), ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Staff has prepared and attached the written report as required by law.
FISCAL IMPACT:
The issuance and filing of the written report will not result in any direct financial impact.
DISCUSSION:
On June 6, 2022, Staff facilitated a discussion with the Council regarding the impacts of Warehouse and other related uses (Attachment No. 4). The primary takeaways from the discussion include: 1) There is an unprecedented demand for Warehouse uses in the Inland Empire; 2) A majority of the City’s census tracts are designated by the California Office of Environmental Health Hazard Assessment as disadvantaged and burdened by the cumulative impact of pollutants; 3) The community has long advocated for addressing cumulative impacts in Pomona; 4) Due to the existing land use patterns in the City, the most likely locations for the establishment of new Warehouse uses is in-fill development which would impact existing neighborhoods and exacerbate already burdened census tracts; 5) The City’s existing Zoning Ordinance offers limited environmental protection and limited development/design standards for new warehouse developments. Based on that discussion, Council directed Staff to pursue four (4) recommended strategies intended to address the cumulative impacts of Warehousing in Pomona:
Enact a Moratorium
Update the Pomona Zoning Code
Establish an Environmental Justice Element
Warehouse Tax
Enact a Moratorium. On July 18, 2022, the Council adopted Urgency Ordinance No. 4319, establishing a 45-day moratorium on the establishment, expansion, or modification of Warehouses, Trucking Facilities, and related uses, city-wide in order to protect public health, safety, and welfare. By pausing future development and expansion of Warehouses and related uses, Staff is afforded a reasonable time frame in order to research and develop new standards as well as pursue the other recommended measures to address the impacts of these uses properly. On August 15, 2022, Council adopted Urgency Ordinance No. 4321, establishing a 10-month and 15-day moratorium, thereby extending the original 45-day moratorium (first extension). On June 5, 2023, Council will consider a second extension to the original 45-day moratorium. The second extension may be approved for a maximum term of up to one year but may be approved for a shorter term at the discretion of the Council.
Update the Pomona Zoning Code. The Planning Division is currently in the process of conducting a major update to the City’s Zoning Code, which will include updates to provisions that regulate industrial uses, including warehouses, trucking facilities, and related uses. Through the code update process, Staff will establish development and operational standards for these uses to ensure they are properly regulated and their impacts are well managed and/or reduced. The update to the Zoning Code is estimated to be completed and effective by November 2023.
Establish an Environmental Justice Element. The Planning Division will also be pursuing the preparation of an Environmental Justice Element. An Environmental Justice Element will consider factors including, but not limited to, pollution and health determinants and establish a set of policies and goals to guide the City in making decisions based upon principles such as the sustainability framework. Writing this element offers the City an opportunity to engage stakeholders who have long advocated for policies and goals to address cumulative environmental impacts, and to draft policy that can meaningfully incorporate a set of environmental justice principles that can be incorporated into future city development.
Warehouse Tax. On August 1, 2022, the Council approved the placement of a special tax measure on the ballot at the November 8, 2022, General Municipal Election. The proposed special tax measure was anticipated to generate up to $11 million annually to address much-needed road improvements due to the acceleration of road damage caused by heavy truck trips. However, the special tax measure was defeated at the ballot as it did not obtain the required 2/3 voter approval.
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 – Ten Day Council Report
Attachment No. 2 – Urgency Ordinance No. 4321
Attachment No. 3 – Urgency Ordinance No. 4319
Attachment No. 4 – City Council Staff Report dated June 6, 2022 Ten Day Council Report re: 10 Month and 15 Day Warehouse Moratorium