CITY OF POMONA
COUNCIL REPORT
November 6, 2023
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Anita D. Gutierrez, AICP, Assistant City Manager SUBJECT: CITY COUNCIL CONSIDERATION OF A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA, SCHEDULED TO EXPIRE ON JUNE 30, 2024 RECOMMENDATION:
It is recommended that the City Council introduce, waive further reading and adopt the following urgency ordinance (Attachment No. 1):
URGENCY ORDINANCE NO. 4339 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 36937, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSES, TRUCKING FACILITIES, AND RELATED USES THAT ARE LOCATED WITHIN THE CITY OF POMONA EXECUTIVE SUMMARY:
The current Moratorium, authorized under Government Code Section 65858, is set to lapse on December 31, 2023, with no provisions for further extensions once it concludes. The purpose of this action is to institute a new, temporary Moratorium to coincide with the extended public input timelines associated with the comprehensive update of the Pomona Zoning Code. The final Zoning Code will include the formulation of definitive development standards and usage restrictions pertaining to warehouses, trucking facilities, and related activities. The proposed moratorium provides for a term of two-hundred and thirty-seven (237) 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 proposed Moratorium will be adopted as an urgency ordinance in accordance with Government Code Section 36937 and will expire on June 30, 2024. 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.
PREVIOUS RELATED ACTION:
On July 18, 2022, the City Council adopted Urgency Ordinance No. 4319, establishing a temporary forty-five (45) day moratorium on the establishment, expansion, or modification of warehouses, trucking facilities, and related uses city-wide (Attachment No. 2). This ordinance was scheduled to expire on September 1, 2022.
On August 1, 2022, prior to the adoption of the ten (10) months and fifteen (15) days moratorium extension, the City Council issued and filed the 10-day report describing the measures which the City has taken to address the conditions that led to the adoption of the Moratorium as required per Government Code 65858 (Attachment No. 3).
On August 15, 2022, Council adopted Urgency Ordinance No. 4321 establishing a ten (10) months and fifteen (15) days moratorium thereby extending the original forty-five (45) day moratorium on the establishment, expansion, or modification of Warehouses, Trucking Facilities, and related uses, city-wide, to protect public health, safety, and welfare (Attachment No. 4). This ordinance was scheduled to expire on July 16, 2023.
On May 15, 2023, prior to the moratorium extension being considered, the City Council issued and filed the 10-day report describing the measures that the City has taken to address the conditions that led to the adoption of the Moratorium as required per Government Code 65858 (Attachment No. 5).
On June 5, 2023, Council adopted Urgency Ordinance No. 4332 establishing a one-hundred and sixty-nine (169) day moratorium thereby extending the original forty-five (45) day moratorium and subsequent ten (10) months and fifteen (15) days 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 (Attachment No. 6). This ordinance is scheduled to expire on December 31, 2023. Note that the City Council had the authority to extend the moratorium up to twelve (12) months, but opted to only extend the moratorium one-hundred and sixty-nine (169) to align with the anticipated completion of the zoning code update. However, in order to allow for additional feedback from the public, the anticipated completion of the zoning code update has been extended to sometime in April of 2024.
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. 7 for the complete discussion). Staff reported that due to high market demand, Pomona and the surrounding region are experiencing increased interest in developing and redeveloping 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 the Council’s consideration to address the cumulative impacts of 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 current Moratorium period which is scheduled to expire on December 31, 2023, 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. At this time City Staff is continuing its analysis, and research as well as the 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 which is being completed as part of the zoning code update. It was anticipated that the zoning code update effort would be completed by December 31, 2023, however it is now anticipated to be completed by April 2024. As such, Staff is recommending the expiration of new moratorium to align with this new time frame and expire on June 30, 2024. This would allow Staff sufficient to finalize the zoning code update effort. Note that this time frame considers the fact that adoption of the zoning code update will require a first and second reading and an additional 30 days before it becomes effective.
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 the condition of streets, alleys, and associated sidewalks. Prepared by:
Vinny Tam, AICP
Senior Planner
ATTACHMENT(S):
Attachment No. 1 – Draft Urgency Ordinance No. 4339
Attachment No. 2 – Urgency Ordinance No. 4319
Attachment No. 3 – 10-Day Report dated August 1, 2022
Attachment No. 4 – Urgency Ordinance No. 4321
Attachment No. 5 – 10-Day Report dated May 15, 2023
Attachment No. 6 – Urgency Ordinance No. 4332
Attachment No. 7 – City Council Staff Report dated June 6, 2022 Reading of Urgency Ordinance No. 4339 for Code Amendment (CODE-022648-2023)