URGENCY ORDINANCE NO. 4332
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POMONA, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 65858, EXTENSION OF TERM .BY ONE HUNDRED AND SIXTY-NINE (169) DAYS, A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREH.OUSES, TRUCKING
F ACILilTES, AND RELATED USES THAT ARE LOCATED WITHIN THE
CITY OF POMONA
WHEREAS, the City of Pomona ("City") has the police power, pursuant to Article XI, section 7 of the California Constitution, to make and enforce ordinances to regulate the use of land within its jurisdictional boundaries, to the extent such regulations are not in conflict with the general laws of the State of California; and
WHEREAS, Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is 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, provided that the urgency measure shall require a five-sevenths (5/7) vote of the legislative body for adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption, unless duly extended; and WHEREAS, 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 that are located within the City; and
WHEREAS, the temporary forty-five (45) day moratorium was scheduled to expire on September 1, 2022, unless extended pursuant to Government Code Section 65858, which authorizes the City Council,. after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for a term of ten (10) months and fifteen (15) days, upon approval by a five-sevenths (5/7) vote, and upon making the same findings required for initial adoption of the Moratorium; and
WHEREAS, Government Code Section 65858(d) requires the City Council, ten (10) days prior to expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium; and Urgency Ordinance No. 4332
June 5, 2023
Pagel of 10
Attachment No. 6
WHEREAS, in accordance with Government Code Section 65958( d), on August 1, 2022 theCityCouncilapprovedtheten (10) dayreport, describingthemeasuresbeingtakento alleviate theconditionswhich ledto theadoptionof thetemporaryforty-five (45) daymoratorium; and WHEREAS, on August15, 2022, theCity CounciladoptedUrgencyOrdinanceNo. 4321 establishingatemporaryten (10) monthsandfifteen (15) daysmoratoriumon the establishment, expansion, or modification of warehouses, trucking facilities, and relatedusesthat are located withintheCity, therebyextendingthetemporaryforty-five (45) daymoratorium; and WHEREAS,thetemporaryten(10)monthsandfifteen(15)daysmoratoriumisscheduled toexpireonJuly16, 2023, unlessextendedpursuanttoGovernmentCodeSection65858, which authorizestheCityCouncil, afternoticepursuanttoGovernmentCodeSection65090andapublic hearing, toadoptanordinanceextendingtheMoratoriumforatermofuptotwelve (12) months, uponapprovalbyafive-sevenths(5/7)vote,anduponmakingthesamefindingsrequiredforinitial adoption of the Moratorium; and
WHEREAS, GovernmentCodeSection65858(d) requirestheCity Council, ten( 10) days priortoexpirationoftheMoratoriumoranyextensionthereof,toissueawrittenreportdescribing the measurestaken to alleviate the condition which led to the adoption of the Moratorium; and WHEREAS, in accordance with Government Code Section 65858( d), on May 15, 2023 theCityCouncilapprovedtheten (10) dayreport, describingthemeasuresbeingtakentoalleviate the conditions which led to the adoption of the temporary forty- five ( 45) day moratorium as extendedbythetemporaryten (10) monthsandfifteen (15) daysmoratorium; and WHEREAS, GovernmentCodeSections36934and36937expresslyauthorizethe City Councilto enacturgencyordinances, whichtakeeffectimmediatelyuponintroduction, for the immediatepreservationofthepublicpeace, health, orsafety, containingadeclarationofthefacts constitutingtheurgency, andwhichmustbepassedby a five-seventhsvoteof theCity Council; and
WHEREAS, the City hasdeterminedthat thereis an unprecedenteddemandfor the developmentandredevelopmentof parcelsfor industrialdevelopmentwithin theCity of Pomona and acrossLos Angeles, San Bernardino, and Riverside counties due to the growing market share of Internet commerce ( e- commerce), andincreasedinterestamongprivatefinancialinstitutionsto investin theindustrialmarketasarealestateassetclass. Dueto this currentdemand, theCity has seenanexponentialandrapidincreasein industrialdevelopmentswithin theCity andneighboring communities; and
UrgencyOrdinanceNo. 4332
June 5, 2023
WHEREAS, industrial development in this context refers to warehouses, distribution centers, trucking facilities, and logistics facilities, inclusive of built- to- suit and speculative industrial facilities ( collectively, " Warehouses"), which include any usefor the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/ordistributionactivitiesforanyproductorcomponent, includingbutnotlimitedto goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosedspace, building, or otherstructure; and
WHEREAS, the development of Warehouses, if not sufficiently regulated, will increase theriskofnegativepublichealthoutcomesandotheradverseimpacts, includingthefollowing- The exacerbationof pollution levels and thereforehealth impacts in already overburdened, vulnerable communities that have been identified by the Office of Environmental Ilealth and hazard.Assessment (OEHHA) as" disadvantaged" in its Cal Enviro Screen model;
Increased noise and vibration impacts on adjacent residential and commercial properties;
Increased public safety risk for smaller vehicles, pedestrians, and bicyclists, includingschool-agechildrentravelingto andfrompublicschoolsandresidents travelingto andfrom adjacentpublic parksandfacilities;
Damage to City streets and property/ facilities from collisions ( reported and unreported), such as street lights, traffic signal equipment, signs, trees, curbs, medians, etc.;
o Traffic congestion and reduced levels of service on public streets and at public intersections;
Increasedpublicsafetyimpactsfromimproperlyover-loadedtrucks; and WHEREAS, thePomonaGeneralPlancallsfor theCity' sWorkplaceDistricts, which are inclusiveof existingindustriallyzonedproperties,to" strengthenthecurrentstructuralrelationship between Cal Poly, Downtown, and the major employment districts," and that - buildings in the workplace districts will be similar to conventional " office campus" formats," Moreover, that thesebuildingswill belocatedto supportagreaterstreetpresence,walkability, andopportunities for open spaces that foster interaction and innovation," and that " safe streets, bikeways, and sidewalkswill emphasizeconnectivity for commuteraccessand convenientuse of business services, meeting facilities, and eating places in nearby activity centers;" existing regulations in thePomonaOrdinance for Warehousesis insufficient to meetthe goalsandpolicies of saidGeneral Plan; and
Urgency Ordinance No. 4332
June 5, 2023
WHEREAS, the City hasadditionalconcernsregardingthe compatibility of Warehouse uses that are adjacent or near to sensitive uses such as schools and residences, as Warehouses oftentimes operateon a 24-hour basis and causedeteriorating air quality, health, noise, vibration, andother disruptionsto the peaceandquiet that is necessaryfor the enjoymentof residential neighborhoods and efficacy of educational uses; and
WHEREAS, the close proximity of Warehousesto schoolsandresidential usesalso causes a declinein aestheticstandardsandvisual quality to thoseliving in the residencesandgoingto schools; and
WHEREAS, the City of Pomonahasdetermined that Warehouseuseshave an detrimental impactupontheCity, whicharenotbeingaddressedbytheCity'scurrentordinancesandzoning regulations; and
WHEREAS, thereisaneedto studyanddeveloppolicy guidanceto ensurethereis logical relationship between the placement of Warehouses and available truck routes to avoid the deleterious effects of routing trucks past sensitive uses; and WHEREAS, theCity intendsto updatethe PomonaZoningOrdinanceto furtheraddress thepotentialsideeffectsof WarehousestoensurethattheyareproperlyregulatedwithintheCity; and
WHEREAS, theadverseimpactsassociatedwith truckingfacilities aresimilarto thoseof Warehouses. As such,theCity alsointendsto addresstruckingfacilities, andassociatedbuildings, queuing, stacking, loading, unloading and parking of trucks; and WHEREAS, City staff, the City Planning Commission, and the City Council, each requiresareasonableperiodof time to studyexistingWarehouseandtrucking facility regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriatealternativeregulationsfor Warehousesandtruckingfacilitieswithin theCity; and WHEREAS, city staff, begun researching the issued related to warehouses and truck storagefacilities but requiremoretime after the currentMoratoriumexpirationdateof July 16, 2023, to completethe measuresnecessaryto alleviate the conditions which lead to the adoption of the Moratorium; and
WHEREAS, the City Council wishesto extendthe Moratorium for a period of one hundredandsixty-nine (169) days, or untiltheCity Counciladoptsanordinanceaddressingthe issues raised, whichever occurs first; and
Urgency Ordinance No. 4332
June 5, 2023
WHEREAS, at a duly noticed public hearing on June 5, 2023, testimony evidence was heard and presented from all persons interested in affecting said proposal to extend the Moratorium, from all personsprotesting the sameand from membersof the City staff',andthe City Council has reviewed, analyzed, considered, and studied all oral and written testimony and evidencepresentedat suchpublic hearing, including staff reports and presentationsby City staff.
NOW, THERE, FORE, BE IT RESOLVED by the City Council of the City of Pomona as follows:
SECTION 1, Recitals Incorporated. The City Council finds the recitals contained in this ordinanceto betrue and correct, relies upon them in passingthis ordinance, and incorporatestheir herein as though set forth in full herein.
SECTION 2. Definitions. For the purposes of this urgency ordinance, the following words and phrases have the meanings respectively ascribed to them by this section:
Warehouse" meansa facility, including any property and/or structure, which includes any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure. , I' his definition includes built to suit and speculative facilities that are developed purposebuilt for land usescoveredunder this definition but for which tenantshave not yet beensecured. This definition includes, but is not limited to, the following uses enumerated in the Pomona Zoning Ordinance:
Generalwarehousing where all storageof merchandise,materials or equipment is within a totally enclosed building," ... Fransportation equipment yard and storage space for transit," " Wholesaling and warehousing ( including wholesaling and warehousing of meats or meat products)," Distributing plants," and" Refrigerated food locker servicesand related incidental uses, including process of meat and meat products in connection with refrigerated food locker services," and Transportation equipment yard and storagespacefor transit" aswell as any other usedetermined to be similar to the uses identified in this section through the approval of a Determination of Similarity.
Common Carrier Trucking Company" means a freight transporting or transfer company serving the general public and/or businesscommunity, and regulated by the State Public Utilities Commission and/ or the Federal Interstate Commerce: Commission. Such businesses pay transportation taxes to the state. The city receives a portion of this tax in lieu of city business license fees, which are not required of such businesses.
Urgency Ordinance No. 4332
June 5, 2023
Self- storage facility ( in ini warehouses or ministorage)" means a complex of buildings containingseparate, enclosedunitsor cubicles, or otherspaceswhichareavailablefor rentto individualsfor storageof dry goods, personalbelongings, andothermiscellaneousarticlesof value.
Truckingfacilities" meansanypropertyandimprovementsusedfor freighttransfertruck terminals or for the operations of a " common carrier trucking company," including the parking, or servicing, orrepairing, orstorageoftrucks, trucktractors, and/ortrucktrailers, exceptwheresuch activitiesarenotpartof a "commoncarriertruckingcompany" operation, andareincidentaland accessorytoaprimaryuse,permittedinthezonedistrict, servingonlysaiduse, andlocatedonthe samepropertyor on propertyadjacentto thatoccupiedby saidprimaryuse.
Truckingstation" meansanestablishmentdesignedor usedprimarilyfor dispensingof fuelor serviceto trucksandcharacterizedby featuressuchashighcanopiesorabsenceof canopies, a highpercentageof dieselfuelor propanefueldispensedin comparisonwithgasoline, and solicitationto thetruckingtrade. A restaurantservingthetravelingpublicmaybea partof the development of a trucking station.
SECTION 3. ImmediateThreat, The City Council finds that there is a current and immediatethreatto publichealth, safety, andwelfareposedby currentWarehousedevelopment andoverproliferationin all areasin theCity, dueto theinsufficiencyof regulationsunderthe PomonaZoningOrdinance. Asstatedabove,therapiddevelopmentandexpansionof Warehouses withintheCityhasincreasedtrucktraffic, causedextensivedamagetolocalstreets, contributedto thelossof potentialeconomicrevenue, andisdeterioratingtheairquality, noise, andaestheticsof theCity. This Ordinanceis necessaryasan urgencymeasureto addresssaidthreatsto public health, safety, and welfare.
SECTION 4. 10- Day Report. In accordance with Government Code Section 65858( d), on August 1, 2021, the City Councilissueda written reportdescribingthe measuresbeingtakento alleviate the conditions that lead to the adoption of the Moratorium and this extension thereof, attached hereto as " Exhibit A".
SECTION 5. Moratorium. Accordingly,pursuantto CaliforniaGovernmentCodeSection 65858, the Pomona City Council hereby approves Code Amendment ( CODE- 021507- 2023) adoptinga citywide moratoriumto establish, expand, or modifythe following uses:
A. Common carrier trucking companies.
B, Trucking facilities.
C. Trucking stations.
D. Warehouses. Not including, Self- storage facilities ( miniwarehouses or ministorage).
Urgency Ordinance No. 4332
June 5, 2023
DuringtheMoratorium, theCityshallnotissueanypermitsorentitlementsinconsistentwiththis urgency ordinance after July 18, 2022.
SECTION 6. Exemptions.
Limited Expansion. This moratorium shall not apply to the expansionof any existing Warehouse use that does not exceed 20,000 squarefeet and includes no more than one at-grade roll- up door.
ExecutedPurchaseand Sale Agreements. Any parcel(s) of land that has an executed PurchaseandSaleAgreementwith theCity prior to August15, 2022anda subsequentagreement suchas,butnot limitedto,aDevelopmentandDispositionAgreement, PublicBenefitsAgreement or StatutoryDevelopmentAgreementshallbeexemptfromOrdinance43')2.
Approved Entitlements. This moratorium is only intended to apply to new or pending discretionaryapprovals, andshallnotapplytotheissuanceofministerialpermits, suchasgrading, demolitionor buildingpen-nits, for theusessetforthin Section5 above, providedthatsuch ministerialpermitsareappliedfor in connectionwithanapproval (conditionalusepermit, a subdivisionmaporlanduseentitlement) effectivepriortotheinitiationofthemoratoriumonJuly 18, 2022. Thus, suchpermitsmaycontinueto be issuedto implementdiscretionaryentitlements and/or permits (includingbutnotlimitedto conditionalusepen-nits) thatwereapprovedbythe City prior to the date set forth above. All entitlementsandpermitsissuedprior to theadoptionof this moratorium or ordinanceshall not be impacted in any way by this ordinance.
SECTION 7.Durationof Ordinance. TheMoratoriumisherebyextendedfor anadditional one hundred and sixty- nine ( 169) days beyond its original expiration date, such that the Moratorium will now expire on December 31, 2023, or until the City Council adoptsan ordinance addressingtheissuesrelatedtotheestablishment, expansion, ormodificationsofWarehousesand Truck StorageFacilities, whicheveroccursfirst. Thereafter,this Moratoriumextensionshallbeof nofurtherforceandeffectunless, aftera dulynoticedpublichearing, theCity Councilfurther extendsthe Moratoriumfor an additionalperiodof time pursuantto GovernmentCodeSection 65858.
SECTION 8. Enforcement. The City of Pomonamay enforceany provisionof this Ordinanceby mandamus, injunction, or anyotherappropriatecivil remedyin anycourtof competentjurisdiction.
SECTION 9. City Action. During the period of this Moratorium, and any extension thereof, the City Manager or his designees shall: ( 1) review and consider options for the regulation ofWarehouses, truckingfacilities, andrelateduses, and (2) shallissueawrittenreportdescribing Urgency Ordinance No. 4332
June 5, 2023
themeasureswhich theCity hastakento addresstheconditionswhich led to theadoptionof this ordinance with the City Council ten ( 10) days prior the expiration of this Moratorium, or any extension thereof, and ( 3) shall make said report available to the public.
SECTION 10. Environmental Review, 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 notresultin director indirectphysicalchangesin theenvironment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061( b)( 3), this Ordinance is exempt from CEQA review becausethere is no possibility that the Moratorium may havea significant effect on the environment, insofar asit prohibits the construction of or alterations to, Warehouses, truckingfacilities, andrelateduseswithin theCity. Furthermore, evenif the Ordinanceis considereda project, theproposedmoratoriumis categoricallyexemptunderCEQA Guidelines Section 15308,becauseit is clear that the Moratorium will not createan environmental impact and the action will assurethe 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 Ordinanceis an administrativeprocedurerelated to uses, facilities, and regulations identified in the Pomona Zoning Ordinance and General Plan, and given that the proposedOrdinanceisnotrelatedto aspecificproject, theOrdinance (1) byvirtueof thelocation 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 sairie 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 locatedon ahazardouswaste site; and(vi) will not adverselyimpact a historical resource. Accordingly, noneof the exceptionsto categoricalexemptionssetforth in the CEQA Guidelines, Section 15300.2, apply to this Ordinance.
SECTION I I. Severability. If anyprovisionof this Ordinanceor theapplicationthereof to anypersonor circumstanceis held invalid, suchinvalidity shall not affectotherprovisionsor applications of the Ordinance which can be given effect without the invalid provision or application, andto thisendtheprovisionsof this ordinanceareseverable. TheCity Councilhereby declaresthat it would have adopted this Ordinance irrespective of the invalidity of any particular portionthereof. ByenactingthisOrdinance, theCityordainsthatnothinghereinshallbedeemed to conflict with or duplicate federal or state law, or otherwise or to license any activity that is prohibitedthereunderexceptasmandatedby suchlaws.
Urgency Ordinance No. 4332
June 5, 2023
SECTION 12. EffectiveDate. This Ordinanceshalltakeeffectimmediatelyandshallbe of no further force and effect one hundred and sixty-nine ( 169) daysbeyond its current expiration date, suchthatthe Moratoriumwill now expireon December31, 2023, or until the City Council adoptsanordinanceaddressingtheissuesrelatedto theestablishment,expansion,or modifications of WarehousesandTruck StorageFacilities, whicheveroccursfirst. Thereafter, this Moratorium extensionshallbeof no furtherforceandeffectunless,afteraduly noticedpublic hearing,theCity Council furtherextendstheMoratoriumfor anadditionalperiodof time pursuantto Government Code Section 65858.
SECTION13. If anysection, subsection, sentenceclauseor phraseor wordof this Ordinanceisforanyreasonheldto beinvalidorunconstitutionalbyadecisionof anycourtof competentjurisdictionor preemptedby statelegislation, suchdecisionor legislationshallnot affectthevalidityof theremainingportionsofthisOrdinance. TheCityCouncilof theCityof Pomonaherebydeclaresthatit wouldhavepassedthisOrdinanceandeachandeverysection, subsection, sentenceclauseor phraseor wordnotdeclaredinvalidor unconstitutionalwithout regardto anysuchdecisionor preemptivelegislation.
PASSED, APPROVED AND ADOPTED this 5"' day of June, 2023.
CITY OF POMONA:
Tim. Sandoval
Mayor
APPROVED AS TO FORM: ATTEsT:
Sonia Carvalho RosaliaA. B tier, MMC
City Attorney City Clerk
UrgencyOrdinanceNo. 4332
June 5, 2023
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
1, DIANA ROBLES, DEPUTY CITY CLERK of the City of Pomonado hereby certify that the foregoingUrgencyOrdinancewasintroduced ["orfirstreadingataregularmeetingoftheCity Councilof theCityof PomonaheldonJune5, 2023andwasadoptedatsecondreadingata regularmeetingof theCity Councilof theCityof PomonaheldonJune5, 2023, bythe following vote:
AYES: Nolte, Preciado, Garcia, Lustro, Sandoval
NOES: Ontiveros- Cole
ABSTAIN: None
ABSEN' r: Torres
Diana Robles
Deputy City Clerk
Urgency Ordinance No. 4332
June 5, 20231