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0 types of development such as service stations that may be incompatible with, for example, residential neighborhoods. In some zones, service stations are permitted without discretionary review. And there are very few performance standards for service stations in our current Development Code. The definition of service station itself, does not consider forms of fuel, and is outdated. The definition of the use should be refined to contemplate how natural gas and electric vehicle fueling stations are treated under the City’s zoning regulations.
Further, the Environmental Protection Agency (EPA) has classified service stations and fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Common contaminants found at service station sites include gasoline, diesel, and petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or potentially present, at service stations threatens the public health, safety or welfare of neighboring communities.
The PlanRC General Plan Update and subsequent Development Code update effort is expected to be adopted in the winter of 2021/2022.
The City is reviewing applications for proposed service stations at the southwest corner of Archibald Avenue and 9th Street (7-Eleven project), and at the northeast corner of Arrow Route and Grove Avenue. The applications for both projects were submitted within the last year, but have not received final review; the 7-Eleven project has been recommended for approval by the Planning Commission. The construction plans for a previously approved “reactivation” of a closed service station at the northeast corner of Archibald Avenue and Arrow Route are under review. There is also a service station that is being reconstructed/redeveloped at the intersection of Foothill Boulevard and Red Hill Country Club Drive. These are both in the building plan check review process. Inquiries have also been received about developing service stations at Vineyard Avenue and 8th Street, Foothill Boulevard and Etiwanda Avenue, and Foothill Boulevard and Grove Avenue.
The City has identified in the General Plan numerous major street intersections as sites for intensive “gateway” development such as offices, hotels, and large commercial centers. The purpose of this is to achieve and maintain the City’s goal of being “A World Class Community.” As companies/operators of service stations desire locations that are highly visible to potential customers, they often select sites that are located at these same street intersections (such as those noted above). The development of service stations at these major intersections is contrary to this particular goal.
As indicated above, there are currently 34 service stations in the city, two of which are inactive and under redevelopment. For purposes of comparison, within the cities of Fontana, Ontario, and Upland there are 21, 20, and 17 service stations, respectively. This is significantly fewer per square mile than in Rancho Cucamonga, for Fontana and Ontario, but greater in Upland, which has 1.09 per square mile. As noted previously and shown in Attachment 2, most areas of Rancho Cucamonga are within five minutes “drive time” of a service station.
A disproportionate amount of the city’s existing service stations are concentrated in the southwest and central areas of the city. Thirteen service stations are located in District 2 and eleven are located in District 3. In contrast, there are only five service stations (each) within Districts 1 and 4. The proliferation of service stations in Districts 2 and 3 inequitably increases health risks for the residents within those districts due to potential contaminants present at
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0 service stations. From an environmental justice perspective, how service stations are permitted and regulated needs to be considered under the City’s General Plan and Development Code to avoid an undue concentration of them in any one part of the city.
Due to the relatively large number of service stations that exist and have been proposed in the city, staff believes that a moratorium is warranted to evaluate whether more service stations are in the public interest, further the goals of the PlanRC General Plan update and balance the public benefit with potential public safety and environmental costs.
Operational Impacts: Currently, there are no operational nor technical standards in the development code regarding service stations. Thus, staff has limited tools available to effectively address the impacts caused by service station development and ensure that no adverse impacts occur from new service stations.
The City has the opportunity now to develop more detailed standards and operational requirements in the Development Code update currently underway. Examples would include regulating hours of operation, lighting, and security/safety, proximity to neighboring development such as residences, vehicles queueing onto an adjacent street or in a parking lot which could interfere with traffic circulation and public safety access; noise generated by vehicle engines and/or customers; and glare caused by canopy lights.
If passed, a moratorium would allow staff to evaluate the typical operations of a service station in greater detail, the technical standards that should apply to them, and, incorporate necessary requirements and regulations that will minimize their operational and site development impacts.
Fiscal Considerations: Service stations generate tax revenue primarily from the sale of gasoline, as shown in Attachment 3.
Based on the data in Attachment 3 that shows the annual tax revenue for the City between 2008 and 2020, revenue has fluctuated and ranges from a high of $2.4 million in 2012 to a low of $1.5 million in 2020. This results in an average revenue of about $2.0 million per year.
When accounting for the impacts of reduced demand for fuel caused by travel restrictions imposed due to the COVID pandemic in 2020 (and therefore not including that year in the calculation as an acknowledgement that 2020 was an anomalous year), the average revenue between 2008 and 2019 is about $1.9 million. Nevertheless, there clearly has been a decline in demand overall and, in turn, sales tax revenue that is generated.
There is evidence suggesting that the above-noted tax revenue will decline over time in part due to the availability and preference of alternative energy sources for powering an automobile. For example, electric cars powered by batteries are becoming more commonplace. It is estimated that by 2030, more than a one third of all new vehicles sold will be fully or partially electric powered (via batteries). As battery charging can occur at home, work, or in parking lots, the need for service stations is likely to decline in a corresponding manner. The declining demand for gasoline due to changes in technology and consumer preferences may increase competition among the existing service stations in the City such that closures may occur over time. Interestingly, some studies suggest that the decline in tobacco sales and paper maps, also contribute to declining revenues at service stations.
Furthermore, as hydrogen, liquid petroleum service (LPG), compressed natural service (CNG), and biofuels become more readily adopted as power sources for automobiles,
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0 conventional service stations could potentially become obsolete or unable to provide the demand for these alternative fuels. Also, ride sharing services such as Uber, Lyft, and Zipcar are now a feasible and, frequently, a preferred alternative to personal vehicles. The preference of mobility alternatives is expected to increase in the future. That will result in reduced personal automobile usage which will, in turn, reduce demand for service stations of any kind. Both the use of alternative fuels and ride sharing will result in service stations becoming fiscal “underperformers.”
Possibly reflecting this decline in demand, the applicants for a previously approved “reactivation” of a service station located at the northeast corner of Arrow Route and Archibald Avenue have not obtained permits to reconstruct and operate it despite receiving entitlements, i.e. Planning Commission approval, to do so several years ago. Staff believes this presents an example of the concerns that a potentially obsolete land use, and the property where it is located, will not contribute to the fiscal goals of the City.
There is merit in considering the fiscal impacts of former service station sites becoming “brownfield” sites. Former service stations will require significant investment to remediate any potential ground contamination prior to redevelopment. Inactive/closed sites may be abandoned and left unused for years. The removal of contaminants may present health risks for neighboring sensitive receptors.
Lastly, as described in further detail below, there are fiscal impacts related to public safety.
The fiscal impact of public safety calls for service and the time spent at the service stations is important to consider. The fully-loaded cost (including benefits, equipment and overhead) for a full-time deputy is about $337,000 per year, or $162 per hour. Thus, when averaging the period between 2016 and 2020 the total annual fiscal impact to the City when responding to service calls at all service stations was about $302,940. This is equates to approximately 15% of the revenue generated by these services stations on just calls for service by the Police Department.
Public Safety: The demand for public safety services is shown in Attachment 4. Based on data provided by the San Bernardino County Sheriff’s Department, total calls for service of any kind at service stations in the City have generally increased since 2016. There were 637 calls for service in 2016 compared to 1,059 calls for service in 2020. Data for 2021 is incomplete but thus far there has been 135 calls for service. Over that period of 5 years (2016-2020), this equates to an average of about 924 calls for service. Similarly, the time spent by deputies on these calls (during the same 5-year period) has increased from about 1,101 hours to about 2,455 hours with an average amount of about 1,870 hours on location.
The number of calls for service and the time spent at these service stations result in public safety resources being used in a manner that is likely inefficient and potentially not sustainable. These service stations draw away an important and critical service from other areas of the City. It should be noted that the total calls for service is not equal among the various service stations as shown in Attachment 5. The lowest average amount of calls between 2016 and 2020 is 6.6 calls (each) at the service stations located at 7996 Archibald Avenue and 10477 Lemon Avenue that are operated by Shell and Mobil, respectively. The highest average amount of calls during that same period of time is 68 calls at the service station located at 8808 Foothill Boulevard (Shell). It is not yet clear why there is a disparity in the number of service calls. There has been a combined total of 4,754 calls for service (including 2021 to date) for all service stations.
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0 CONCLUSION:
The analysis of issues related to service stations makes clear that service stations pose a threat to public health, safety, and welfare and the City must evaluate new regulations to address that threat. This could range from additional standards in the development code to limitations on future service station locations. Staff supports the adoption of an urgency interim ordinance in order to study and develop those regulations, as follows.
PROPOSED MORATORIUM:
The City Council has the option of adopting an interim urgency ordinance based on the information provided in this report. Government Code Section 65858 provides:
“Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be 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. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.”
The City has an obligation to ensure that all development minimizes impacts and that the benefits to existing and future residents are maximized. Staff believes there is a current and immediate threat to the public health, safety and welfare that is presented by proposals to expand and/or develop new service stations and that a moratorium is necessary. The Development Code refers to “gas stations” as “service stations.” The proposed interim urgency ordinance that would adopt the moratorium uses the latter term.
The City is proposing a moratorium that will apply to the issuance of building permits and other land use entitlements, such as, new Design Review and Conditional Use Permit applications for service stations within the City. This will allow time to evaluate the General Plan, the Development Code, and the Zoning map (where applicable/necessary) to develop appropriate regulations to achieve a reasonable level of assurances that there will not be serious negative impacts to the overall Community and ensure a positive and mutually acceptable set of outcomes for the City’s residents, business community, property owners, and service station developers. The moratorium will not apply to the limited improvement or renovation of an existing service station such as interior modifications, exterior repainting, and general maintenance, or the demolition of an existing service station.
The moratorium will allow for a comprehensive analysis of service stations during which staff will analyze the compatibility of service stations with neighboring land uses, the impact and demand on public safety resources, and other appropriate regulations.
Pursuant to Government Code Section 65858, the initial term of the moratorium is 45 days (expiring on June 5, 2021). Staff does not anticipate completing the work required to incorporate new service station development regulations into the General Plan and Development Code within this 45-day period. Therefore, staff expects to bring a further ordinance to extend the term of the moratorium for up to 10 months, 15 days. Ten days before the proposed extension, staff will
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0 provide a report to the City Council for consideration that identifies steps to address the potential impacts caused by service station development during the moratorium’s initial term.
ATTACHMENTS:
Attachment 1 – Map of the Locations of Existing and Previously Approved Service Stations Attachment 2 – Map of the Proximity of Service Stations (Five Minute “Drive Time”) to Areas of the City
Attachment 3 – Fiscal Analysis
Attachment 4 – Spreadsheet Public Safety Calls for Service Attachment 5 – Map of Service Stations Identifying the Range of Calls for Service Attachment 6 – Draft Urgency Ordinance No. 980
Approved
Not Operational
Approved
Not Operational
Esri, NASA, NGA, USGS, FEMA, City of Rancho Cucamonga, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA
G a s S t a t i o n s1 " = 3 , 4 0 0 f e e t
0 0.5 10.25
Miles
Gas Stations by Alcohol Sales
Sells alcohol
Does not sell alcohol
Council District 1 has 5 Stations
Council District 2 has 13 Stations
Council District 3 has 11 Stations
Council District 4 has 5 Stations
Attachment 1
Approved
Not Operational
Approved
Not Operational
Esri, NASA, NGA, USGS, FEMA, City of Rancho Cucamonga, Esri, HERE, Garmin, SafeGraph, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA
5 M i n u t e D r i v e T i m e
f r o m G a s S t a t i o n s1 " = 5 , 2 8 0 f e e t 0 1 0.5
Miles
Legend
Gas Stations
5.0 Minutes
Attachment 2
Service Station – Annual Sales Tax Revenue Analysis
(2008 – 2020)
Year
Annual Sales
Tax Revenue
2008 $2,041,400.68
2009 $1,615,184.14
2010 $1,868,335.21
2011 $2,238,239.53
2012 $2,426,457.82
2013 $2,261,404.95
2014 $2,244,070.71
2015 $2,049,208.59
2016 $1,768,133.12
2017 $1,816,753.47
2018 $2,031,354.18
2019 $2,194,465.74
2020 $1,496,374.00
$-
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Millions
Attachment 3
TOTAL CALLS FOR SERVICE 2016 2017 2018 2019 2020 2021 5 YEAR AVERAGE At Service Stations 637 910 1034 979 1059 923.8
City Overall 146,254 159,059 155,537 151,562 142,344 150,951 Percentage of Calls at Service Stations
Relative to the City (overall) 0.44% 0.57% 0.66% 0.65% 0.74% 0.61%
TIME SPENT ON LOCATION
(HOURS) 2016 2017 2018 2019 2020 2021 5 YEAR AVERAGE
At Service Stations 1,100.75 1,867.44 1,982.12 1,946.32 2,455.44 1,870.41 City Overall 158,217.34 227,420.26 220,288.82 231,371.81 216,508.65 210,761.38 Percentage of Time at Service Stations
Relative to the City (overall) 0.70% 0.82% 0.90% 0.84% 1.13% 0.88% 2016 2017 2018 2019 2020 2021 (to date) Total 2016-2020 Average
TOTAL CALLS FOR SERVICE
(BY LOCATION) 637 910 1,034 979 1,059 135 4,754 923.80
TOTAL REPORTS PREPARED
(BY LOCATION) 109 157 174 176 166 24 806 156.40
32 15 38 31 26 2 144 28.40
9 15 38 31 26 2 121 23.80
2 5 11 8 7 2 35 6.60
1 5 11 8 7 2 34 6.40
16 30 43 73 85 10 257 49.40
3 30 43 73 85 10 244 46.80
2 21 16 29 20 2 90 17.60
2 21 16 29 20 2 90 17.60
9 5 20 9 7 2 52 10.00
4 5 20 9 7 2 47 9.00
0 21 41 78 95 12 247 47.00
0 21 41 78 95 12 247 47.00
19 24 27 23 23 5 121 23.20
7 24 27 23 23 5 109 20.80
41 39 31 35 41 7 194 37.40
14 39 31 35 41 7 167 32.00
1 21 24 27 41 3 117 22.80
1 21 24 27 41 3 117 22.80
63 65 48 55 56 6 293 57.40
25 65 48 55 56 6 255 49.80
44 57 79 64 69 9 322 62.60
10 57 79 64 69 9 288 55.80
26 27 12 20 13 3 101 19.60
8 27 12 20 13 3 83 16.00
13 21 19 15 8 2 78 15.20
7 21 19 15 8 2 72 14.00
37 76 64 69 44 6 296 58.00
14 76 64 69 44 6 273 53.40
6 12 4 4 7 2 35 6.60
3 12 4 4 7 2 32 6.00
23 28 38 34 28 5 156 30.20
9 28 38 34 28 5 142 27.40
5 5 0 0 0 0 10 2.00
2 5 0 0 0 0 7 1.40
8 14 8 9 26 3 68 13.00
3 14 8 9 26 3 63 12.00
11) 12925 Arrow Rte
Incomplete Data
Incomplete Data
6) 11800 4th St
7) 11920 Foothill Blvd
8) 12340 Highland Ave
9) 12576 Base Line Rd
10) 12659 Foothill Blvd
1) 10075 Arrow Rte
2) 10477 Lemon Ave
3) 10550 Town Center Dr
4) 11289 Base Line Rd
5) 11768 Foothill Blvd
Service Stations - Public Safety Services Analysis
13) 6760 Carnelian St
14) 7287 Archibald Ave
15) 7996 Archibald Ave
16) 8118 Masi Dr
17) 8166 Foothill Blvd (not active)
18) 8514 Vineyard Ave
12) 6539 Milliken Ave
15 18 12 11 16 1 73 14.40
6 18 12 11 16 1 64 12.60
64 65 81 58 72 8 348 68.00
19 65 81 58 72 8 303 59.00
16 21 23 29 23 9 121 22.40
9 21 23 29 23 9 114 21.00
0 8 12 16 16 1 53 10.40
0 8 12 16 16 1 53 10.40
26 37 38 40 34 4 179 35.00
13 37 38 40 34 4 166 32.40
0 0 0 0 2 0 2 0.40
0 0 0 0 2 0 2 0.40
17 27 35 36 30 1 146 29.00
6 27 35 36 30 1 135 26.80
15 39 31 28 16 0 129 25.80
8 39 31 28 16 0 122 24.40
19 15 11 7 11 2 65 12.60
7 15 11 7 11 2 53 10.20
39 27 26 34 48 4 178 34.80
9 27 26 34 48 4 148 28.80
1 33 24 19 18 5 100 19.00
1 33 24 19 18 5 100 19.00
38 41 59 35 71 11 255 48.80
12 41 59 35 71 11 229 43.60
4 6 7 8 15 0 40 8.00
1 6 7 8 15 0 37 7.40
13 21 14 24 12 0 84 16.80
4 21 14 24 12 0 75 15.00
17 6 39 16 44 5 127 24.40
2 0 8 2 7 1 20 3.80
6 60 99 35 35 3 238 47.00
1 11 10 8 9 0 39 7.80
Color Legend:
Calls For Service
Reports Prepared
33) 10477 Alta Loma Dr
34) 11108 Foothill Blvd
32) 9888 Foothill Blvd
23) 12280 Highland Ave
24) 8477 Archibald Ave (not active)
25) 8801 Foothill Blvd
26) 8919 Foothill Blvd
27) 6411 Haven Ave
28) 7243 Haven Ave
29) 8687 Base Line Rd
30) 8075 Monet Ave
31) 9524 Foothill Blvd
19) 8777 Haven Ave
20) 8808 Foothill Blvd
21) 9280 Haven Ave
22) 9315 Base Line Rd
Attachment 5
1 ORDINANCE NO. _____
AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RANCHO CUCAMONGA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
ESTABLISHING A MORATORIUM ON THE APPROVAL OF
APPLICATIONS FOR BUILDING PERMITS OR OTHER
ENTITLEMENTS FOR NEW SERVICE STATION USES OR THE
EXPANSION OF EXISTING SERVICE STATION USES IN THE
CITY OF RANCHO CUCAMONGA
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Legislative Findings.
A. Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code defines a “service station” as a “retail business selling gasoline or other motor vehicle fuels.” For the purpose of this Interim Urgency Ordinance, a service station shall be limited to those retail businesses selling motor vehicle fuels derived from liquid fossil fuels. In this context, a service station is commonly referred to as a gas station.
B. The Environmental Protection Agency (EPA) has classified service stations and fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
C. Common contaminants found at service station sites include gasoline, diesel, and petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or potentially present, at service stations threatens the public health, safety or welfare of neighboring communities.
D. There are thirty-two service stations currently in operation in the City of Rancho Cucamonga. There are an additional two more service stations that are currently in plan check review for building permit or under construction. Many of the existing service stations are located near sensitive receptors. The close proximity of service stations to these areas increases the risk of contaminant exposure to vulnerable populations. This problem is exacerbated in situations where the service station may become a brownfield site.
D. A disproportionate amount of the City’s existing service stations are concentrated in the southwest and central areas of the City. Thirteen service stations are located in District 2 and eleven are located in District 3. In contrast, Districts 1 and 4 have only five service stations each. The proliferation of service stations in Districts 2 and 3 inequitably increases health risks for the residents of these districts due to the potential contaminants present at service stations. As a matter of environmental justice, the City
Council must carefully consider how such uses are zoned under the City’s General Plan and Development Code in order to avoid an undue concentration of service stations in any one part of the City.
E. Based on data provided by the Sheriff’s Department, the amount of criminal activity that occurs specifically at service stations necessitates that police services be routinely deployed to service stations. Over the past five years, the number of calls for service at service stations has steadily increased. In 2020, a total of 1,059 calls for service were made at service stations in the City, resulting in approximately 2,455 hours of police time spent policing and protecting service stations. The development of additional service stations within the City would result in additional strains on police services to counter the potential for increased criminal activity.
G. The increased criminal activity associated with service stations threatens the health, safety and welfare of all residents, but particularly those within the southwest and central areas of the City, due to the inequitable concentration of service stations in those areas. The City Council believes the location and proliferation of service stations in certain areas of the City requires further regulation to ensure that the negative effects of service stations can be curtailed in order to better protect the public.
H. Altogether, the existing location and concentration of service stations in the City mean that drivers need only drive approximately five minutes in order to reach most existing service stations in the City. Applications for additional service stations continue to be submitted to the City despite the already high concentration of service stations in the City and declining demand.
I. The declining demand for gasoline is partly demonstrated by the decline in annual service station revenues in the City. According to revenue estimates reported to the City by existing service stations, such revenues have declined by over half a million dollars from 2019 to 2020, echoing global trends, which have seen the decline in service stations over the past ten years due to a variety of factors, including the proliferation of electric vehicles, shared mobility solutions, and alternative fuel options.
J. Furthermore, vehicle technology is rapidly evolving such that reliance on gas is steadily declining. According to a report from the Boston Consulting Group, it is estimated that by 2030, more than one third of all new vehicles will be fully or partially electric. Charging for electric vehicles can take place in a variety of locations such as at home, work and in parking lots. Ride-sharing solutions further reduce demand for gasoline as car ownership becomes more obsolete. By 2035, shared mobility solutions such as Uber, Lyft, and Zipcar are expected to account for nearly 20% of on-road passenger miles. Meanwhile, alternative fuel options such as hydrogen fuel, liquefied petroleum gas (LPG), compressed natural gas, and biofuels are increasing their share in the gasoline and diesel markets.
K. The declining demand for gasoline may increase competition amongst the existing service stations in the City such that closures may occur over time. Due to their
propensity to become brownfield sites, service stations require significant investment to remediate any potential ground contamination prior to redevelopment. Closed sites may be abandoned and left unused for years and removal of contaminants may present health risks for neighboring communities and sensitive receptors. Additional closures could result in increased blight and dangerous conditions throughout the City, thereby threatening public health, safety and welfare. The City Council wishes to assess the appropriate concentration and locations of service stations given declining demand.
L. The City has received applications for additional service stations to be constructed at the corner of 9th Street and Archibald Avenue and at the northeast corner of Arrow Route and Grove Avenue. An additional service station to be redeveloped and expanded two blocks north at the corner of Archibald Avenue and Arrow Route and another to be redeveloped at Foothill Boulevard and Red Hill Country Club Drive have previously been approved by the Planning Commission, but have not yet completed plan check and no building permits have been issued. These service station projects would be located within the southwest part of the City, an area with an already high concentration of service stations. Based on all of the foregoing impacts associated with the development of service stations, the City Council therefore finds there is a current and immediate threat to the public health, safety and welfare that is presented by pending applications for land use entitlements and building permits to develop new service stations and expand or remodel existing service stations within the City, and that a moratorium is necessary.
M. The City Council finds that the time provided by the moratorium will allow for a comprehensive analysis on how to manage and reduce the impact of additional service stations in the City, or if additional service stations or the expansion of existing service stations should be permitted. During the moratorium, the City will be able to analyze their potential impacts on the public health such as the potential for contaminant exposure near sensitive receptors and residential areas; impacts on public safety related to the provision of police services to service stations; and impacts on the public welfare due to the disproportionate concentration of service stations in certain residential areas of the City and potential for blight in connection with declining demand for gas. The City Council finds that these studies will help the Council and the City’s Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that the moratorium will allow time to evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate regulations and/or appropriate zones for service stations in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City’s residents, business community, property owners, and developers.
N. Based on the foregoing, the City Council ultimately finds that if the City fails to enact this moratorium, new service stations may be allowed to develop within the City or be redeveloped or expanded within the City that do not reflect the demand for such services, are incompatible with neighboring residential areas and sensitive receptors, and exacerbate existing public safety issues at service stations. Therefore, a current and immediate threat to the public safety, health and welfare exists.
SECTION 2.Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time.
SECTION 3.Urgency Findings.
The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare, and that new and expanded service station uses within the City, under the City’s current regulations, constitutes a threat to the public health, safety or welfare. As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued service station development in the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, public safety, contaminant exposure, and police protection services. To preserve the public health, safety, and welfare, the City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm.
SECTION 4.Moratorium Established.
A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby establishes a moratorium on the approval of applications for the development of new service station uses or the expansion of existing service station uses.
B. No application for a building permit or any other entitlement, including a design review or conditional use permit, authorizing construction of a new service station use or the expansion of an existing service station use, including the expansion of accessory uses on the same site, shall be approved during the term of the moratorium established herein.
C. Nothing contained in this Interim Urgency Ordinance shall preclude the improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law, does not result in an increase to the number of gas pumping facilities, does not add any new accessory uses on site, and does not require a discretionary entitlement to perform such improvement, renovation, or demolition.
D. For the purposes of this Interim Urgency Ordinance, the term “service station” shall have the same meaning prescribed in Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code, except that it shall be limited to retail business selling gasoline or other motor vehicle fuels derived from fossil fuels (e.g., petroleum).
SECTION 6.Special Conditional Use Permit.
Notwithstanding any other provision of this Interim Urgency Ordinance, the City of Rancho Cucamonga may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to Section 4 of this Interim Ordinance, if the City Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property for a service station, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permit provided by this Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit.
SECTION 7.Enforcement.
The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. CEQA Findings.
The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will impose a temporary moratorium on approvals of applications for service station uses in the City in order to protect the public health, safety and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the moratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 10. Effective Date; Approval and Extension of Ordinance.
This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Urgency Ordinance as provided in Government Code Section 65858.
SECTION 11. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law.
PASSED, APPROVED, AND ADOPTED this 21st day of April, 2021, by the following vote to wit:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
L. Dennis Michael, Mayor
ATTEST:
_________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
_________________________________
James L. Markman, City Attorney
DATE: June 2, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Anne McIntosh, AICP, Planning Director
Mike Smith, Principal Planner
SUBJECT: Public Hearing for Consideration of Adoption of Interim Urgency Ordinance No. 981, Extending for an Additional 10 Months and 15 Days through April 20, 2022, an Existing Moratorium on the Approval of Applications for Building Permits or Other Entitlements for New Service Station Uses or the Expansion of Existing Service Station Uses in the City of Rancho Cucamonga, Declaring the Urgency thereof and Making a Determination of Exemption Under the California Environmental Quality Act (CEQA). (INTERIM URGENCY ORDINANCE NO. 981) (CITY) RECOMMENDATION:
Staff recommends the City Council adopt Interim Ordinance No. 981 entitled "An Interim Urgency Ordinance of the City Council of the City of Rancho Cucamonga Enacted Pursuant to Government Code Section 65858 Extending for an Additional 10 Months and 15 Days, Through April 20, 2022, an Existing Moratorium on the Approval of Applications for Building Permits or Other Entitlements for New Service Station Uses or the Expansion of Existing Service Station Uses in the City of Rancho Cucamonga, Declaring the Urgency Thereof and Making A Determination of Exemption Under the California Environmental Quality Act (CEQA)," by four-fifths vote, waive full reading, and read by title only.
BACKGROUND:
Government Code Section 65858 provides, “Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a…city…to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be 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. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.” At the regular City Council meeting of March 17, 2021, the City Council directed the City Manager to research and compile information about service stations in the City related to the following topics of concern:
Attachment 2
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4 The number and location of existing service stations in the City; Analysis of the land use benefits of service stations to the community; Analysis of the fiscal benefits of service stations and how this compares to other retail uses;
Land use impacts of service stations on the surrounding commercial districts and/or residential neighborhoods;
Costs to the City of providing service at service station locations, particularly calls for public safety services;
Land use policies that will be included in the General Plan update the City is currently preparing and which will be available in draft form within the next month; and Possible performance stations and\/or conditions that could be placed on service station projects in the future.
On April 21, 2021 at 4:00 PM, the City Council conducted a special study session during which they received a report prepared by staff (Attachment 1) that described the impacts of service stations in the City. The City Council then discussed these impacts, the moratorium’s purpose, and the applicability/timing of the moratorium. At their regular meeting at 7:00 PM on that date, the City Council subsequently adopted Urgency Ordinance No. 980 (Attachment 2) establishing an interim urgency ordinance, pursuant to Government Code Section 65858, establishing a moratorium on the approval of applications for building permits or other entitlements for new service station uses or the expansion of existing service station uses in the City. The temporary interim urgency ordinance, if not extended, is set to expire on June 5, 2021.
The moratorium does not apply to:
a. the improvement, renovation, or demolition of an existing service station, provided that the development otherwise conforms to applicable law, does not result in an increase to the number of gas/fuel pumps, does not add any new accessory uses on site, and does not require a discretionary entitlement to perform such improvement, renovation, or demolition; or
b. an application for a service station that has been deemed Complete or received all discretionary entitlements as of the moratorium’s effective date, provided that the City has issued a building permit for construction or redevelopment of the proposed service station within six months of the moratorium’s effective date (April 21, 2021).
Staff notes that applications submitted during the moratorium may be subject to permanent development standards that are adopted during the moratorium or after the moratorium expires.
ANALYSIS:
Since the approval of the interim urgency ordinance, staff has developed and has begun implementing a plan to evaluate all aspects of service station development in the City. Pursuant to Government Code Section 65858(d), on May 5, 2021, the City Council issued a report (Attachment 3) describing the measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 980. These measures include determining the relevant topics related to service station development that need to be evaluated, the process and timeline for conducting these analyses, and potential solutions to address issues that have been identified with service station development.
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4 The City’s Planning and Engineering Services Departments and the Rancho Cucamonga Fire Protection District (RCFPD) are the primary departments tasked with the review of applications for proposed new development/redevelopment, including service station development, in the City.
Staff from these departments, in coordination with other departments such as the City’s Finance Department and the San Bernardino County Sheriff’s Department as necessary, have undertaken, or will undertake, the following specific activities during the moratorium:
a) The City is currently in the process of updating the General Plan, the Zoning Map, and the Development Code to incorporate appropriate land use regulations and technical/design standards for all types of development within the City. As a part of this effort, the City will be identifying updates that will specifically address the development and operation of service stations. The public draft of the General Plan will be released for public review in the second quarter of 2021. The associated Environmental Impact Report (EIR) is currently being prepared and will be circulated for public review in mid-2021.
In considering land use and zoning provisions for service stations, staff will be evaluating whether the City’s residents and visitors are adequately served by the 32 existing service stations in the City. This will assist in determining whether there is a need for more service stations. Or, if the needs of the City are being met, that the City has reached a saturation point with service stations. As the City becomes more “built-out” there is less vacant land available for development that will fulfill the City Council’s and community’s vision for ‘A World Class Community.’ Thus, the answers to this evaluation also will be critical in shaping the next phase of development, and the pattern of that development, in the City for decades into the future. This is especially important as staff periodically receives inquiries about service station development. Knowing these answers will assist staff in comprehensively responding to these inquiries.
Most of the remaining vacant land in the City is surrounded by existing development that are considered “sensitive” uses such as residential neighborhoods, schools, and parks. As a result, it has become more important and relevant to consider surrounding uses and context/compatibility when reviewing proposals for service stations. Their location near sensitive uses increases the risk of contaminant exposure to vulnerable populations. This problem is magnified in instances where a service station may become obsolete and become a “brownfield” site, i.e. a property of which the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance(s), pollutant(s), or contaminant(s). Exposure to the types of contaminants that are present, or are potentially present, at service stations threatens the public health, safety or welfare of neighboring sensitive uses. This outcome is not accounted for in the City’s current land use regulations and, as a result, they will be updated.
A disproportionate amount of the City’s existing service stations uses are concentrated in the southwest and central areas of the City. The proliferation of service stations in these areas of the City inequitably increases health risks for the residents of in these locations due to the potential contaminants present at service stations. Under consideration will be where service station uses are designated as a permitted or conditionally permitted use in the City’s General Plan and Zoning Map, and how such uses are regulated in the Development Code. The purpose of this will be to minimize the undue concentration of service stations in any one area of the City. The updates to these documents will also include an analysis of the land use compatibility of service stations with sensitive uses. Further analysis will be conducted on the contribution of service stations to the fiscal vitality of the City and demand for public safety services generated by service stations. Both topics are discussed further below:
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4 b) Staff has begun researching the fiscal impacts of existing service stations in the City. Staff will be evaluating, for example, the sales tax revenue of each of the existing and potential service stations in the City and comparing their fiscal performance with other commercial uses that could potentially be developed on the property. Based on staff’s preliminary analysis, the collective sales tax revenue of the existing service stations in the City is generally trending downward. Staff will also be researching, for example, the tax revenue generated by service stations in other cities to see how they compare to the revenue generated in the City. Note that trends in changing technology may further erode and depress sales tax revenue. As part of staff’s efforts, there will be an evaluation of service stations’ fiscal performance in this context and whether such uses could become obsolete. Staff will also be evaluating the fiscal performance of service stations relative to the demand on public safety services (and the cost to provide them).
c) Staff has begun researching the demand for public safety services generated by existing service stations in the City. Based on staff’s preliminary analysis using data provided by the San Bernardino County Sheriff’s Department, total calls for service of any kind at service stations in the City have generally increased since 2016. There were 637 calls for service in 2016 compared to 1,059 calls for service in 2020. Data for 2021 is incomplete but thus far there has been 135 calls for service. Over that 5-year period, this equates to an average of about 924 calls for service per year. Similarly, the time spent by deputies on these calls during the same period has increased from about 1,101 hours to about 2,455 hours per year. The average amount of time spent on location (all services stations combined) is about 1,870 hours per year.
The number of calls for service and the time spent at service stations cause public safety resources to be used in a likely inefficient and potentially unsustainable manner. Furthermore, service stations draw away an important and critical service from other areas of the City. Including 2021 to date, there has been a combined total of 4,754 calls for service for all service stations. The total calls for service are not equal among the various service stations. It is not yet clear why this disparity exists. As part of the evaluation of the demand for public safety services, staff will reach-out to representatives from the Sheriff’s Department to determine what they believe are the underlying causes for the increase in calls and time spent on location. Staff will also be researching the operating characteristics of all 32 service stations in the City. Staff believes that the disparity in total calls for service may be due to service stations having different operating characteristics. For example, if a service station sells alcohol; is open 24 hours; has accessory uses such as a car wash or a restaurant; or provides services such as vehicle repair, then staff will utilize that information to determine the relationship with demands on public safety resources. To assist in this evaluation, staff will verify the operational characteristics of each of the service stations in the City and compare that information with the calls for service to determine if there is any relationship between them. If necessary, staff will develop new regulations and standards that will allow public safety resources to be used more efficiently and sustainably;
d) Staff has begun researching how conventional service stations may be affected by:
advancements in electric vehicle (EV) technology such as increases in their range due to more efficient batteries; the adoption of EVs as a practical alternative to fossil fuel powered vehicles due to the introduction of chargers that bring the batteries of EVs to a full charge faster or batteries that have the capacity to power heavier vehicles such as trucks; the availability of a variety different mobility options, or the preference for them, such as ridesharing services and mass transit; and new government regulations restricting or prohibiting the sale of vehicles
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4 with conventional combustion engines at a specified time in the future; e) After the above-noted research is completed, staff will prepare proposed amendments to the Development Code, and other relevant documents as necessary, related to technical/design standards and requirements for service stations within the City for consideration by the Planning Commission and City Council by June 30, 2022. As part of this process, staff will be developing new regulations such as those that would, for example, regulate physical development requirements such as the number of service stations at street intersections and the minimum distance, or separation, between services stations; regulate operating conditions such as the hours that service stations are open and whether they sell alcohol; and determine what accessory uses or services could (or if the City prefers, should) be included with service stations such as the sale of fresh food.
As part of this effort, staff will be reviewing the municipal/development codes of neighboring jurisdictions to determine how they regulate service stations and the technical/design standards that those communities apply to them. Similarly, staff will be researching how older, built-out communities manage service stations within their jurisdictions. When possible, staff will contact their counterparts at these other jurisdictions to discuss their experiences with service stations. This will also include a verification of the number of service stations in these jurisdictions which, in turn, will be used determine whether the number of service stations in the City is sufficient to serve the community’s needs.
f) Next steps - timeline: The next steps and timeline in the process are as follows:
1. Issue identification and discovery - identify problems and validate/calibrate with other City Departments and (when necessary) external stakeholders – current activity and continuing into 3rd and 4th quarter of 2021;
2. Explore options – share initial list of solutions with stakeholders, understand efficacy of the options, and determine support for solutions – current activity and continuing into 3 rd and 4th quarter of 2021;
3. Prepare preferred solutions – propose changes to the Development Code (and any other solutions), and understand efficacy of the options, and determine support for solutions – 3rd and 4th quarter of 2021;
4. Planning Commission – recommendations on proposed amendments to the Development Code – 1st or 2nd quarter of 2022;
5. City Council - adoption of permanent development standards for service stations – 2 nd quarter 2022.
The existing moratorium adopted pursuant to Interim Urgency Ordinance No. 980 is scheduled to expire on June 5, 2021. The proposed Interim Urgency Ordinance attached to this report as Attachment 4 would extend the moratorium for an additional 10 months and 15 days, through April 20, 2022. If the City is unable to complete the steps outlined above before April 20, 2022, the City Council may, but does not have to, extend the moratorium on new or expanded service stations for up to an additional year.
FISCAL IMPACT:
None with this action.
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4 COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
Enacting an interim moratorium on service station development in the City will further the City Council's goals for balanced and responsible long term land use planning, fiscally efficient public safety services, and the attainment of economic development diversity. Specifically, it will facilitate the City’s core values of providing and nurturing a high quality of life; promoting and enhancing a safe and healthy community; and intentionally embracing and anticipating the future.
ATTACHMENTS:
Attachment 1 – City Council Staff Report (April 21, 2021) for Interim Urgency Ordinance Attachment 2 – Ordinance No. 980
Attachment 3 – City Council 10-Day Staff Report (May 5, 2021) Attachment 4 – Ordinance No. 981
Interim Urgency Ordinance No. 980 - Page 1 of 6
ORDINANCE NO. 980
AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
ESTABLISHING A MORATORIUM ON THE APPROVAL OF
APPLICATIONS FOR BUILDING PERMITS OR OTHER
ENTITLEMENTS FOR NEW SERVICE STATION USES OR THE
EXPANSION OF EXISTING SERVICE STATION USES IN THE CITY OF
RANCHO CUCAMONGA
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Legislative Findings.
A. Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code defines a “service station” as a “retail business selling gasoline or other motor vehicle fuels.” For the purpose of this Interim Urgency Ordinance, a service station shall be limited to those retail businesses selling motor vehicle fuels derived from liquid fossil fuels. In this context, a service station is commonly referred to as a gas station.
B. The Environmental Protection Agency (EPA) has classified service stations and fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
C. Common contaminants found at service station sites include gasoline, diesel, and petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or pote ntially present, at service stations threatens the public health, safety or welfare of neighboring communities.
D. There are thirty -two service stations currently in operation in the City of Rancho Cucamonga. There are an additional two more service stations that are currently in plan check review for building permit or under construction. Many of the existing service stations are located near sensitive receptors. The close proximity of service stations to these areas increases the risk of contaminant exposure to vulnerable populations. This problem is exacerbated in situations where the service station may become a brownfield site.
D. A disproportionate amount of the City’s existing service stations are concentrated in the southwest and central areas of the City . Thirteen service stations are located in District 2 and eleven are located in District 3. In contrast, Districts 1 and 4 have only five service stations each. The proliferation of service stations in Districts 2 and 3 inequitably increases health risks for the residents of these districts due to the potential contaminants present at service stations.
As a matter of environmental justice, the City Council must carefully consider how such uses are zoned under the City’s General Plan and Development Code in order to avoid an undue concentration of service stations in any one part of the City.
E. Based on data provided by the Sheriff’s Department, the amount of criminal activity that occurs specifically at service stations necessitates that police services be routinely deployed to service stations. Over the past five years, the number of calls for service at service stations has Attachment 3
Interim Urgency Ordinance No. 980 - Page 2 of 6
steadily increased. In 2020, a total of 1,059 calls for service were made at service stations in the City, resulting in approximately 2,455 hours of police time spent policing and protecting service stations. The development of additional service stations within the City would result in additional strains on police services to counter the potential for increased criminal activity.
G. The increased criminal activity associated with service stations threatens the health, safety and welfare of all residents, but particularly those within the southwest and central areas of the City, due to the inequitable concentration of service stations in those areas. The City Council believes the location and proliferation of service stations in certain areas of the City requires further regulation to ensure that the negative effects of service stations can be curtailed in order to better protect the public.
H. Altogether, the existing location and concentration of service stations in the City mean that drivers need only drive approximately five minutes in order to reach most existing service stations in the City. Applications for additional service stations continue to be submitted to the City despite the already high concentration of service stations in the City and declining demand.
I. The declining demand for gasoline is partly demonstrated by the decline in annual service station revenues in the City . According to revenue estimates reported to the City by existing service stations, such revenues have declined by over half a million dollars from 2019 to 2020, echoing global trends, which have seen the decline in service stations over the past ten years due to a variety of factors , including the proliferation of electric vehicles, shared mobility solutions, and alternative fuel options.
J. Furthermore, vehicle technology is rapidly evolving such that reliance on gas is steadily declining. According to a report from the Boston Consulting Group, it is estimated that by 2030, more than one third of all new vehicles will be fully or partially electric. Charging for electric vehicles can take place in a variety of locations such as at home, work and in parking lots. Ride- sharing solutions further reduce demand for gasoline as car ownership becomes more obsolete.
By 2035, shared mobility solutions such as Uber, Lyft, and Zipcar are expected to account for nearly 20% of on -road passenger miles. Meanwhile, alternative fuel options such as hydrogen fuel, liquefied petroleum gas (LPG), compressed natural gas, and biofuels are increasing their share in the gasoline and diesel markets.
K. The declining demand for gasoline may increase competition amongst the existing service stations in the City such that closures may occur over time. Due to their propensity to become brownfield sites, service stations require significant investment to remediate any potential ground contamination prior to redevelopment. Closed sites may be abandoned and left unused for years and removal of contaminants may present health risks for neighboring communities and sensitive receptors. Additional closures could result in increased blight and dangerous conditions throughout the City, thereby threatening public health, safety and welfare. The City Council wishes to assess the appropriate concentration and locations of service stations given declining demand.
L. The City has received applications for additional service stations to be constructed at the corner of 9th Street and Archibald Avenue and at the northeast corner of Arrow Route and Grove Avenue. An additional service station to be redeveloped and expanded two blocks north at the corner of Archibald Avenue and Arrow Route and another to be redeveloped at Foothill Boulevard and Red Hill C ountry Club Drive have previously been approved by the Planning Commission, but have not yet completed plan check and no building permits have been issued.
These service station projects would be located within the southwest part of the City, an area with
Interim Urgency Ordinance No. 980 - Page 3 of 6
an already high concentration of service stations. Based on all of the foregoing impacts associated with the development of service stations, the City Council therefore finds there is a current and immediate threat to the public health, safety and welfare that is presented by pending applications for land use entitlements and building permits to develop new service stations and expand or remodel existing service stations within the City, and that a moratorium is necessary.
M. The City Council finds that the time provided by the moratorium will allow for a comprehensive analysis on how to manage and reduce the i mpact of additional service stations in the City, or if additional service stations or the expansion of existing service stations should be permitted. During the moratorium, the City will be able to analyze the ir potential impacts on the public he alth such as the potential for contaminant exposure near sensitive receptors and residential areas; impacts on public safety rel ated to the provision of police services to service stations; and impacts on the public welfare due to the disproportionate concentration of service stations in certain residential areas of the City and potential for blight in connection with declining demand for gas . The City Council finds that these studies will help the Council and the City’s Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that the moratorium will allow time to evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate regulations and/or appropriate zones for service stations in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City’s residents, business community, property owners, and developers.
N. Based on the foregoing, the City Council ultimately finds t hat if the City fails to enact this moratorium, new service stations may be allowed to develop within the City or be redeveloped or expanded within the City that do not reflect the demand for such services, are incompatible with neighboring residential areas and sensitive receptors, and exacerbate existing public safety issues at service stations. Therefore, a current and immediate threat to the public safety, health and welfare exists.
SECTION 2. Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time.
SECTION 3. Urgency Findings.
The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare, and that new and expanded service station uses within the City, under the City’s current regulations, constitutes a threat to the public health, safety or welfare . As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued service station development in the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, public safety, contaminant exposure, and police protection services. To preserve the public health, safety, and welfare, the City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm.
SECTION 4. Moratorium Established.
Interim Urgency Ordinance No. 980 - Page 4 of 6
A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby establishes a moratorium on the approval of applications for the development of new service station uses or the expansion of existing service station uses.
B. No application for a building permit or any other entitlement , including a design review or conditional use permit, authorizing construction of a new service station use or the expansion of an existing service station use, including the expansion of accessory uses on the same site, shall be approved during the term of the moratorium established herein.
C. Notwithstan ding the foregoing, the moratorium established by this Interim Urgency Ordinance shall not apply to the following:
(1) The improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law, does not result in an increase to the number of gas pumping facilities, does not add any new accessory uses on site, and does not require a discretionary entitlement to perform such improvement, renovation, or demolition; or (2) An applica tion for a service station that has been deemed complete or received all discretionary entitlements as of the moratorium’s effective date, provided that the City has issued a building permit for construction or redevelopment of the proposed service station within six months of the moratorium’s effective date. The moratorium shall thereafter apply to these applications if a building permit has not been issued within that six-month period.
D. For the purposes of this Interim Urgency Ordinance, the term “service station” shall have the same meaning prescribed in Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code, except that it shall be limited to retail business selling gasoline or other motor vehicle fuels derived from fossil fuels (e.g., petroleum).
SECTION 6. Special Conditional Use Permit.
Notwithstanding any other provision of this Interim Urgency Ordinance, the City of Rancho Cucamonga may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to Section 4 of this I nterim Ordinance, if the City Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the moratorium imposed by this Interim Urgency Ordinance will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property for a service station, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permit provided by this Section shall be an available entitlement process and permit for a property owner affected by the moratorium whether or not a conditional use permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision -making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit.
Interim Urgency Ordinance No. 980 - Page 5 of 6
SECTION 7. Enforcement.
The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. CEQA Findings.
The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will impose a temporar y moratorium on approvals of applications for service station uses in the City in order to protect the public health, safety and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the m oratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Coun cil hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases h ereof be declared invalid or unenforceable.
SECTION 10. Effective Date; Approval and Extension of Ordinance.
This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare , containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Urgency Ordinance as provided in Government Code Section 65858.
SECTION 11. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law.
RECOMMENDATION:
Staff recommends the City Council issue the attached report in conformance with California Government Code Section 65858 on the measures taken by the City to alleviate the need for Interim Ordinance No. 980.
BACKGROUND:
At the regular City Council meeting of March 17, 2021, the City Council directed the City Manager to research and compile information about service stations in the City related to the following topics of concern:
The number and location of existing service stations in the city; Analysis of the land use benefits of service stations to the community; Analysis of the fiscal benefits of service stations and how this compares to other retail uses;
Land use impacts of service stations on the surrounding commercial districts and/or residential neighborhoods;
Costs to the City of providing service at service station locations, particularly calls for public safety services;
Land use policies that will be included in the General Plan update the City is currently preparing and which will be available in draft form within the next month; and Possible performance stations and\/or conditions that could be placed on service station projects in the future.
On April 21, 2021 at 4:00 PM, the City Council conducted a special study session during which they received a report prepared by staff that described the impacts of service stations in the City.
The City Council then discussed these impacts, the moratorium’s purpose, and the applicability/timing of the moratorium. At their regular meeting at 7:00 PM on that date, the City Council subsequently adopted Urgency Ordinance No. 980 (Attachment 2) establishing an interim urgency zoning Ordinance, pursuant to Government Code Section 65858, establishing a moratorium on the approval of applications for building permits or other entitlements for new service station uses or the expansion of existing service station uses in the City. The temporary interim urgency ordinance, if not extended, is set to expire on June 5, 2021.
DATE: May 5, 2021
TO: Mayor and Members of the City Council
FROM: John R. Gillison, City Manager
INITIATED BY: Anne McIntosh, AICP, Planning Director
Mike Smith, Principal Planner
SUBJEC
T: Repo
rt in Conformance with California Government Code Section 65858(D) on Measures Taken to Alleviate the Need for Interim Ordinance No. 980. (CITY) Attachment 4
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4 ANALYSIS:
Section 65858(d) of the California Government Code provides that, “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.” The 10-day report does not modify nor extend the City’s existing moratorium related to service stations. Rather, issuance of the 10-day report satisfies a statutory step in the process to permit the City Council to consider that potential extension at its next regular meeting on June 2, 2021.
The following specific activities are currently being undertaken to alleviate the conditions which led to the adoption of Interim Ordinance 980.
The City is currently in the process of updating the General Plan, the Zoning Map, and the Development Code to incorporate appropriate land use regulations and technical/design standards for all types of development within the City. As a part of this effort, the City has also begun the process of identifying updates that will specifically address the development and operation of service stations.
In considering land use and zoning provisions for service stations, staff will be evaluating whether the City’s residents and visitors are adequately served by the 32 existing service stations in the City. This will assist in determining whether there is a need for more service stations. Or, if the needs of the City are being met, that the City has reached a saturation point with service stations.
As the City becomes more “built-out” there is less vacant land available for development that will fulfill the City Council’s and community’s vision for ‘A World Class Community.’ Thus, the answers to this evaluation also will be critical in shaping the next phase of development, and the pattern of that development, in the City for decades into the future.
Most of the remaining vacant land in the City is surrounded by existing development that are considered “sensitive” uses such as residential neighborhoods, schools, and parks. As a result, it has become more important and relevant to consider surrounding uses and context/compatibility when reviewing proposals for service stations. Their location near sensitive uses increases the risk of contaminant exposure to vulnerable populations. This problem is magnified in instances where a service station may become obsolete and become a “brownfield” site, i.e. a property of which the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance(s), pollutant(s), or contaminant(s). Exposure to the types of contaminants that are present, or are potentially present, at service stations threatens the public health, safety or welfare of neighboring sensitive uses. This outcome is not accounted for in the City’s current land use regulations and, as a result, they will be updated.
A disproportionate amount of the City’s existing service stations uses are concentrated in the southwest and central areas of the City. The proliferation of service stations in these areas of the City inequitably increases health risks for the residents of in these locations due to the potential contaminants present at service stations. Under consideration will be where service station uses are designated as a permitted or conditionally permitted use in the City’s General Plan and Zoning Map, and how such uses are regulated in the Development Code. The purpose of this will be minimize the undue concentration of service stations in any one area of the City. The updates to these documents also will include an analysis of the land use compatibility of service stations with sensitive uses. Further analysis will be conducted on the contribution of service
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4 stations to the fiscal vitality of the City and demand for public safety services generated by service stations. These topics are both further discussed below; Staff has begun researching the fiscal impacts of existing service stations in the City. Staff will be evaluating, for example, the sales tax revenue of each of the existing and potential service stations in the City and comparing their fiscal performance with other commercial uses that could potentially be developed on the property. Based on staff’s preliminary analysis, the collective sales tax revenue of the existing service stations in the City has been generally trending downward. Staff also will be researching, for example, the tax revenue generated by service stations in other cities to see how they compare the revenue generated in the City. Note that trends in changing technology may further erode and depress sales tax revenue. As part of staff’s efforts, there will be an evaluation of service stations fiscal performance in this context and whether such uses could become obsolete.
Staff will also be evaluating the fiscal performance of service stations relative to the demand on public safety services (and the cost to provide them); Staff has begun researching the demand for public safety services generated by existing service stations in the City. Based on staff’s preliminary analysis using data provided by the San Bernardino County Sheriff’s Department, total calls for service of any kind at service stations in the City have generally increased since 2016. There were 637 calls for service in 2016 compared to 1,059 calls for service in 2020. Data for 2021 is incomplete but thus far there has been 135 calls for service. Over that 5-year period, this equates to an average of about 924 calls for service. Similarly, the time spent by deputies on these calls during the same period has increased from about 1,101 hours to about 2,455 hours.
The average amount of time spent on location is about 1,870 hours.
The number of calls for service and the time spent at service stations cause public safety resources to be used in a likely inefficient and potentially unsustainable manner. Furthermore, service stations draw away an important and critical service from other areas of the City. Including 2021 to date, there has been a combined total of 4,754 calls for service for all service stations. The total calls for service are not equal among the various service stations.
It is not yet clear why this disparity exists. As part of the evaluation of the demand for public safety services, staff will reach-out to representatives from the Sheriff’s Department to determine what they believe are the underlying causes for the increase in calls and time spent on location.
Staff will also be researching the operating characteristics of all 32 service stations in the City.
Staff believes that the disparity in total calls for service may be due to service stations having different operating characteristics. For example, if a service station sells alcohol; is open 24 hours; has accessory uses such as a car wash or a restaurant; or provides services such as vehicle repair, then staff will utilize that information to determine the relationship with demands on public safety resources. If necessary, staff will develop new regulations and standards that will allow public safety resources to be used more efficiently and sustainably;
Staff has begun researching how conventional service stations may be affected by:
advancements in electric vehicle (EV) technology such as increases in their range due to more efficient batteries; the adoption of EVs as a practical alternative to fossil fuel powered vehicles due to the introduction of chargers that bring the batteries of EVs to a full charge faster or batteries that have the capacity to power heavier vehicles such as trucks; the availability of a variety different mobility options, or the preference for them, such as ridesharing services and mass transit; and new government regulations restricting or prohibiting the sale of vehicles with conventional combustion engines at a specified time in the future;
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4 Staff is drafting amendments to the Development Code, and other relevant documents as necessary, related to technical/design standards and requirements for service stations within the City for consideration by the Planning Commission and City Council by June 30, 2022. As part of this process, staff will be developing new regulations such as those that would, for example, regulate physical requirements such as the number of service stations at street intersections and the minimum distance, or separation, between services stations; regulate operating conditions such as the hours that service stations are open and whether they sell alcohol; and determine what accessory uses or services could (or if the City prefers, should) be included with service stations such as the sale of fresh food.
As part of this effort, staff will be reviewing the municipal/development codes of neighboring jurisdictions to determine how they regulate service stations and the technical/design standards that those communities apply to them. Similarly, staff will be researching how older, built-out communities manage service stations within their jurisdictions. When possible, staff will contact their counterparts at these other jurisdictions to discuss their experiences with service stations.
The above reflect the actions taken since the adoption of Interim Ordinance No. 980. The City Council must issue the attached report that describes these actions in order to extend the interim urgency ordinance currently in effect. An opportunity for full public comment on the extension of Interim Ordinance No. 980 will be provided at the City Council's Public Hearing to be held on June 2, 2021 prior to the City Council’s consideration of an ordinance to extend Interim Ordinance No. 980.
ATTACHMENTS:
Attachment 1 – 10-Day Report
Attachment 2 – Ordinance No. 980
REPORT ON THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED THE CITY OF RANCHO CUCAMONGA
TO ENACT INTERIM URGENCY ORDINANCE NO. 980 ON APRIL 21, 2021, ESTABLISHING
A MORATORIUM ON THE APPROVAL OF BUILDING PERMITS OR OTHER
ENTITLEMENTS FOR NEW SERVICE STATION USES OR THE EXPANSION OF EXISTING
SERVICE STATION USES IN THE CITY OF RANCHO CUCAMONGA
ISSUED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ON MAY 5, 2021 PURSUANT TO GOVERNMENT CODE SECTION 65858(d)
On April 5, 2021, pursuant to Government Code Section 65858, the Rancho Cucamonga City Council enacted Interim Urgency Ordinance No. 980 to impose a moratorium on the approval of building permits or o ther entitlements for new service station uses or the expansion of existing service station uses . Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after 45 days ( June 5, 2021). However, additional time is necessary to thoroughly research and evaluate a permanent, non-urgency ordinance, updates/amendments to General Plan policies and goals, the Zoning Map, and the Development Code establishing land use regulations and technical/design standards on service station development in the City. City staff has therefore scheduled and will notice a public hearing for June 2, 2021 , to extend the Interim Urgency Ordinance.
Measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 980:
• The
City is currently in the process of updating the General Plan, the Zoning Map, and the Development Code to incorporate appropriate land use regulations and technical/design standards for all types of development within the City. As a part of this effort, the City has als o begun t
he process of identifying updates that will specifically address the development and operation of service stations.
I
n considering land use and zoning provisions for service stations, staff will be evaluating whether the City’s residents and visitors are adequately served by the 32 existing service stations in the City. This will assist in determining whether there is a need for more service stations. Or, if the needs of the City are being met, that the City has reached a saturation point with service stations.
As the City becomes more “built-out” there is less vacant land available for development that will fulfill the City Council’s and community’s vision for ‘A World Class Community.’ Thus, the answers to this evaluation also will be critical in shaping the next phase of development, and the pattern of that development, in the City for decades into the future.
M
ost of the remaining vacant land in the City is surrounded by existing development that are considered “sensitive” uses such as residential neighborhoods, schools, and parks. As a result, it has become more important and relevant to consider surrounding uses and context/compatibility when reviewing proposals for service stations. Their location near sensitive uses increases the risk of contaminant exposure to vulnerable populations. This problem is magnified in instances where a service station may become obsolete and become a “brownfield” site, i.e. a property of which the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance(s), pollutant(s), or contaminant(s). Exposure to the types of contaminants that are present, or are potentially present, at service stations threatens the public health, safety or welfare of neighboring sensitive uses. This outcome is not accounted for in the City’s current land use regulations and, as a result, they will be updated.
Attachment 1
A disproportionate amount of the City’s existing service stations uses are concentrated in the southwest and central areas of the City. The proliferation of service stations in these areas of the City inequitably increases health risks for the residents of in these locations due to the potential contaminants present at service stations. Under consideration will be where service station uses are designated as a permitted or conditionally permitted use in the City’s General Plan and Zoning Map, and how such uses are regulated in the Development Code. The purpose of this will be minimize the undu e concentration of service stations in any one area of the City. The updates to these documents also will include an analysis of the land use compatibility of service stations with sensitive uses. Further analysis will be conducted on the contribution of service stations to the fiscal vitality of the City and demand for public safety services generated by service stations. These topics are both further discussed below;
• Staff has begun researching the fiscal impacts of existing service stations in the City. Staff will be evaluating, for example, the sales tax revenue of each of the existing and potential service stations in the City and comparing their fiscal performance with other commercial uses that could potentially be developed on the property. Based on staff’s preliminary analysis, the collective sales tax revenue of the existing service stations in the City has been generally trending downward. Staff also will be researching, for example, the tax revenue generated by service stations in other cities to see how they compare the revenue generated in the City. Note that trends in changing technology may further erode and depress sales tax revenue. As part of staff’s efforts, there will be an evaluation of service stations fiscal performance in this context and whether such uses could become obsolete. Staff will also be evaluating the fiscal performance of service stations relative to the demand on public safety services (and the cost to provide them);
• Staff has begun researching the demand for public safety services generated by existing service stations in the City. Based on staff’s preliminary analysis using data provided by the San Bernardino County Sheriff’s Department, total calls for service of any kind at service stations in the City have generally increased since 2016. There were 637 calls for service in 2016 compared to 1,059 calls for service in 2020. Data for 2021 is incomplete but thus far there has been 135 calls for service. Over that 5 -year period, this equates to an average of about 924 calls for service. Similarly, the time spent by deputies on these calls during the same period has increased from about 1,101 hours to about 2,455 hours. The average amount of time spent on location is about 1,870 hours.
The number of calls for service and the time spent at service stations cause public safety resources to be used in a likely inefficient and potentially unsustainable manner. Furthermore, service stations draw away an important and critical service from ot her areas of the City. Including 2021 to date, there has been a combined total of 4,754 calls for service for all service stations. The total calls for service are not equal among the various service stations.
It is not yet clear why this disparity exists. As part of the evaluation of the demand for public safety services, staff will reach-out to representatives from the Sheriff’s Department to determine what they believe are the underlying causes for the increase in calls and time spent on location.
Staff will also be researching the operating characteristics of all 32 service stations in the City.
Staff believes that the disparity in t otal calls for service may be due to service stations having different operating characteristics. For example, if a service station sells alcohol; is open 24 hours; has accessory uses such as a car wash or a restaurant; or provides services such as vehicle repair, then staff will utilize that information to determine the relationship with demands on public safety resources. If necessary, staff will develop new regulations and standards that will allow public safety resources to be used more efficiently and sustainably;
• Staff has begun researching how conventional service stations may be affected by:
advancements in electric vehicle (EV) technology such as increases in their range due to more efficient batteries; the adoption of EVs as a practical alternative to fossil fuel powered vehicles due to the introduction of chargers that bring the batteries of EVs to a full charge faster or batteries that have the capacity to power heavier vehicles such as trucks; the availability of a variety different mobility options, or the preference for them, such as ridesharing services and mass transit; and new government regulations restricting or prohibiting the sale of vehicles with conventional combustion engines at a specified time in the future;
• Staff is d rafting amendments to the Development Code, and other relevant documents as necessary, related to technical/design standards and requirements for service stations within the City for consideration by the Planning Commission and City Council by June 30, 2022. As part of this process, staff will be developing new regulations such as those that would, for example, regulate physical requirements such as the number of service stations at street intersections and the minimum distance, or separation, between services stations; regulate operating conditions such as the hours that service stations are open and whether they sell alcohol; and determine what accessory uses or services could (or if the City prefers, should) be included with service stations such as the sale of fresh food.
As part of this effort, staff will be reviewing the municipal/development codes of neighboring jurisdictions to determine how they regulate service stations and the technical/design standards that those communities apply to them. Similarl y, staff will be researching how older, built -out communities manage service stations within their jurisdictions. When possible, staff will contact their counterparts at these other jurisdictions to discuss their experiences with service stations.
INTERIM URGENCY ORDINANCE NO. 981
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA ENACTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 EXTENDING FOR AN
ADDITIONAL 10 MONTHS AND 15 DAYS, THROUGH APRIL 20, 2022,
AN EXISTING MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR BUILDING PERMITS OR OTHER ENTITLEMENTS FOR NEW
SERVICE STATION USES OR THE EXPANSION OF EXISTING
SERVICE STATION USES IN THE CITY OF RANCHO CUCAMONGA,
DECLARING THE URGENCY THEREOF AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ( CEQA)
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Legislative Findings.
A. Subsection F(9) of Section 17.32.020 of the Rancho Cucamonga Municipal Code defines a " service station" as a " retail business selling gasoline or other motor vehicle fuels." For the purpose of this Interim Urgency Ordinance, a service station shall be limited to those retail businesses selling motor vehicle fuels derived from liquid fossil fuels. In this context, a service station is commonly referred to as a gas station.
B. The Environmental Protection Agency (EPA) has classified service stations and fuelstoragelocationsasusesthatmayresultinabrownfieldsite. Brownfieldsitesareproperties, theexpansion, redevelopment, orreuseofwhichmaybecomplicatedbythepresenceorpotential presence of a hazardous substance, pollutant, or contaminant.
C. Commoncontaminantsfoundat servicestationsitesincludegasoline, diesel, and petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposureto the typesof contaminantspresent, or potentiallypresent, at servicestations threatensthe publichealth, safetyorwelfareof neighboringcommunities.
D. Thereare thirty-two servicestationscurrentlyin operationin the City of Rancho Cucamonga. Thereare an additionaltwo moreservicestationsthat are currentlyin plancheck reviewforbuildingpermitorunderconstruction. Manyoftheexistingservicestationsarelocated near sensitive receptors. The close proximity of service stations to these areas increases the risk of contaminantexposureto vulnerablepopulations. This problemis exacerbatedin situations where the service station may become a brownfield site.
D. A disproportionateamountof the City's existingservicestationsare concentrated in the southwestand centralareasof the City. Thirteenservicestationsare locatedin District2 andelevenare locatedin District3. In contrast, Districts1 and 4 haveonlyfive servicestations each. The proliferationof servicestationsin Districts2 and 3 inequitablyincreaseshealthrisks for the residentsof thesedistrictsdue to the potentialcontaminantspresentat servicestations.
Asa matterofenvironmentaljustice, theCityCouncilmustcarefullyconsiderhowsuchusesare zoned under the City's General Plan and Development Code in order to avoid an undue concentration of service stations in any one part of the City.
Interim Urgency Ordinance No. 981 - Page 1 of 7
ATTACHMENT 5
E. Basedon dataprovidedbytheSheriff's Department, theamountofcriminalactivity thatoccursspecificallyatservicestationsnecessitatesthatpoliceservicesberoutinelydeployed to servicestations. Overthepastfiveyears, the numberof callsfor serviceat servicestationshas steadilyincreased. In 2020, a totalof 1,059callsfor serviceweremadeat servicestationsin the City, resultingin approximately2,455 hoursof policetime spentpolicingand protectingservice stations. The development of additional service stations within the City would result in additional strainson policeservicesto counterthe potentialfor increasedcriminalactivity.
G. The increased criminal activity associated with service stations threatens the health, safet} andwelfareof all residents, butparticularlythosewithinthesouthwestandcentral areasoftheCity, duetotheinequitableconcentrationofservicestationsinthoseareas. TheCity Council believesthe locationand proliferationof service stationsin certain areas of the City requires further regulation to ensure that the negative effects of service stations can be curtailed in order to better protect the public.
H. Altogether, the existinglocationand concentrationof servicestationsin the City mean that drivers need only drive approximatelyfive minutesin order to reach most existing servicestationsin the City. Applicationsfor additionalservicestationscontinueto be submitted to the City despitethe alreadyhigh concentrationof servicestationsin the City and declining demand.
I. Thedecliningdemandfor gasolineis partlydemonstratedbythe declinein annual service station revenues in the City. Accordingto revenueestimatesreportedto the City by existingservicestations, suchrevenueshavedeclinedbyoverhalfa milliondollarsfrom2019to 2020, echoingglobaltrends, which haveseenthe declinein servicestationsover the pastten years due to a varietyof factors, includingthe proliferationof electricvehicles, sharedmobility solutions, and alternative fuel options.
J. Furthermore, vehicletechnologyis rapidlyevolvingsuch that relianceon gas is steadilydeclining. Accordingtoa reportfromtheBostonConsultingGroup, it isestimatedthatby 2030, morethanonethirdof all newvehicleswillbe fullyor partiallyelectric. Chargingfor electric vehiclescantake placein a varietyof locationssuchas at home, workand in parkinglots. Ride- sharingsolutionsfurtherreducedemandfor gasolineas carownershipbecomesmoreobsolete.
By2035, sharedmobilitysolutionssuchas Uber, Lyft, andZipcarareexpectedto accountfor nearly 20% of on-road passengermiles. Meanwhile, alternativefuel optionssuch as hydrogen fuel, liquefied petroleum gas ( LPG), compressed natural gas, and biofuels are increasing their share in the gasoline and diesel markets.
K. Thedecliningdemandforgasolinemayincreasecompetitionamongstthe existing servicestationsin the City such that closuresmay occur over time. Due to their propensityto become brownfield sites, service stations require significant investment to remediate any potential groundcontaminationpriorto redevelopment. Closedsitesmaybeabandonedandleftunused foryearsandremovalofcontaminantsmaypresenthealthrisksforneighboringcommunitiesand sensitive receptors. Additional closures could result in increased blight and dangerous conditions throughouttheCity,therebythreateningpublichealth, safetyandwelfare.TheCityCouncilwishes to assess the appropriate concentration and locations of service stations given declining demand.
L. Thereare thirty-two servicestationscurrentlyin operationin the City of Rancho Cucamonga. TheCity hasreceivedapplicationsfor additionalservicestationsto beconstructed at the corner of 9th Street and Archibald Avenue and at the northeast corner of Arrow Route and GroveAvenue. The proposedservicestationat the cornerof 9th Streetand ArchibaldAvenue Interim Urgency Ordinance No. 981 - Page 2 of 7
wasapprovedbythe PlanningCommission, buthassincebeenappealedto the CityCouncil. An additional service station to be redeveloped and expanded two blocks north at the corner of Archibald Avenue and Arrow Route and another to be redeveloped at Foothill Boulevard and Red Hill CountryClub Drivehavepreviouslybeenapprovedby the PlanningCommission, but have not yet completed plan check and no building permits have been issued. These service station projectswould be locatedwithin the southwestpart of the City, an area with an alreadyhigh concentration of service stations. Based on all of the foregoing impacts associated with the development of service stations, the City Council therefore finds there is a current and immediate threatto the publichealth, safetyandwelfarethat is presentedby pendingapplicationsfor land use entitlements and building permits to develop new service stations and expand or remodel existingservicestationswithinthe City, andthata moratoriumis necessary.
M. The City is responsible for adopting and implementing land use regulations within its boundaries. The RanchoCucamongaMunicipalCodegenerallyregulatesthe entitlementand establishment of service stations within the City, but it does not specify development or operationalstandardssuchthatthe Citycanmitigatethe impactscausedby servicestations.
N. OnApril21, 2021, the CityCouncilapprovedInterimUrgencyOrdinanceNo. 980, which imposedan initial45-day moratoriumon the approvalof applicationsfor buildingpermits orotherentitlementsfor newservicestationusesor theexpansionof existingservicestationuses duringthependencyof theCity's reviewandadoptionof permanentregulationsgoverningservice stations. The initial 45- day moratorium is scheduled to expire on June 5, 2021.
O. TheCityCouncilcontinuesto believethatthetimeprovidedbythe moratoriumwill allow for a comprehensive analysis on how to manage and reduce the impact of additional service stationsin the City, or if additionalservicestationsor the expansionof existingservicestations should be permitted. Duringthe extendedperiod of the moratorium, the City will continueto analyze their potential impacts on the public health such as the potential for contaminant exposure near sensitive receptors and residential areas; impacts on public safety related to the provision of police services to service stations; and impacts on the public welfare due to the disproportionate concentration of service stations in certain residential areas of the City and potential for blight in connectionwithdecliningdemandfor gas. TheCity Councilfindsthatthesestudieswill helpthe Councilandthe City's PlanningDepartmentdeterminehowbestto preventimpactsto the public health, safety and welfare. The City Council further finds that this extension will allow time to evaluatetheGeneralPlan, the DevelopmentCode, andtheZoningmapanddevelopappropriate regulations and/or appropriate zones for service stations in the City to achieve a reasonable level of assurancethattherewill not be seriousnegativeimpactsto the overallcommunityandensure positive outcomes for the City's residents, business community, property owners, and developers.
P. Basedon the foregoing, the City Councilultimatelyfinds that if the City fails to extend the moratorium adopted pursuant to Interim Urgency Ordinance No. 980, then new service stationsmaybe allowedto developwithinthe Cityor be redevelopedor expandedwithinthe City that do not reflectthe demandfor such services, are incompatiblewith neighboringresidential areasand sensitivereceptors, and exacerbateexistingpublicsafetyissuesat servicestations.
Therefore, a current and immediate threat to the public safety, health and welfare remains in existence.
Q. A written report describing the measures taken to alleviate the conditions which led to the adoptionof the aforementionedInterimUrgencyOrdinancewas issued by the City Council on May 5, 2021, which was at least ten ( 10) days prior to the expiration of the Interim Urgency Ordinance on June 5, 2021, in compliance with State law.
Interim Urgency Ordinance No. 981 - Page 3 of 7
R. Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on June 2, 2021, at which time the City Council considered this Interim Urgency Ordinance to extend the existing 45-day moratorium on the establishment or expansion of service stations for an additional 10 months and 15 days.
SECTION 2. Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interimordinancethat prohibitsanyusesthatmaybe in conflictwitha contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. The City Council may also extend a moratorium adopted pursuant to such an interim ordinance for up to 10 months and 15 days, and subsequently for up to one year, pursuant to Government Code Section 65858(a).
SECTION 3. Urgency Findings.
The City Councilfinds and determinesthat there is an immediatethreat to the public health, safety, or welfare, andthat newandexpandedservicestationuseswithinthe City, under the City' s current regulations, constitutes a threat to the public health, safety or welfare. As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued service station development in the City could threaten the health, safetyand welfareof the communitythroughnegativeimpactsthat include, but are not limited to, public safety, contaminant exposure, and police protection services. To preserve the public health, safety, and welfare, the City Councilfinds that it is necessarythat this Interim UrgencyOrdinanceto extendthe currentmoratoriumon servicestationstakeeffectimmediately pursuantto GovernmentCodeSections65858, 36934, and36937to preventsuchharm.
SECTION 4. Moratorium Extended.
A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby extends through and including April 20, 2022, theexistingmoratoriumonthe approvalof applicationsfor the developmentof newservice station uses or the expansion of existing service station uses, adopted pursuant to Interim Urgency Ordinance No. 980 (the "Moratorium").
B. No application for a building permit or any other entitlement, including a design review or conditional use permit, authorizing construction of a new service station use or the expansion of an existing service station use, including the expansion of accessory uses on the same site, shall be approved during the term of the Moratorium.
C. Notwithstanding the foregoing, the Moratorium shall not apply to the following:
1) The improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law, does not result in an increase to the number of gas pumpingfacilities, does not addany newaccessoryuseson site, and does notrequirea discretionary entitlement to perform such improvement, renovation, or demolition; or 2) An application for a service station that has been deemed complete or received all discretionaryentitlementsas of the moratorium's effectivedate, providedthatthe Cityhasissued a building permit for construction or redevelopment of the proposed service station within six Interim Urgency Ordinance No. 981 - Page 4 of 7
months of the Moratorium' s initial effective date of April 21, 2021. The Moratorium shall thereafter applyto theseapplicationsif a buildingpermithasnotbeenissuedwithinthat six-monthperiod.
D. For the purposes of this Interim Urgency Ordinance, the term "service station" shall have the same meaning prescribed in Subsection F(9) of Section 17.32. 020 of the Rancho CucamongaMunicipalCode, exceptthat it shallbe limitedto retailbusinesssellinggasolineor other motor vehicle fuels derived from fossil fuels ( e. g., petroleum).
SECTION 6. Special Conditional Use Permit.
Notwithstandinganyotherprovisionof this InterimUrgencyOrdinance, theCityof Rancho Cucamongamayaccept, processandapproveapplicationsfor specialconditionalusepermitsfor developmentor useof propertyotherwisesubjectto Section4 of this InterimUrgencyOrdinance, if the City Councilfinds, after receiptof a recommendationfrom the PlanningCommission, that an ownerof propertysubjectto the Moratoriumwill be deprivedof all economicallyviableuseof his or her landunlessthe propertyowneris allowedto developor usethe propertyfor a service station, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permitprovidedby this Sectionshall be an availableentitlementprocessand permitfor a property owner affected by the Moratoriumwhether or not a conditionaluse permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision-makingbody, whichshall makethe additionalfindingsrequiredby this Sectionpriorto approving the special conditional use permit.
SECTION 7. Enforcement.
The provisionsof this InterimUrgencyOrdinanceshall be enforceablepursuantto the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. CEQA Findinqs.
TheCityCouncilherebyfindsthatit canbeseenwithcertaintythatthereis nopossibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will extend an existing temporary moratoriumon approvalsof applicationsfor servicestationusesin the Cityin orderto protectthe publichealth, safetyand generalwelfare, and will therebyserveto avoidpotentiallysignificant adverse environmental impacts during the term of the moratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061( b)( 3) of the California Code of Regulations.
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this InterimUrgencyOrdinanceor its applicationto any personor circumstances, is for any reason held to be invalid or unenforceableby a court of competentjurisdiction, such invalidity or unenforceabilityshall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its applicationto any otherpersonor circumstance. The City Councilhereby declaresthat it wouldhaveadoptedeachsection, subsection, subdivision, paragraph, sentence, Interim Urgency Ordinance No. 981 - Page 5 of 7
clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 10. Effective Date: Approval and Extension of Ordinance.
This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protectionofithepublicsafety, health, andgeneralwelfare, containinga declarationofthefacts constitutingt1keurgency, andpassedby a minimumfour-fifths (4/5) voteof the CityCouncil, shall take effect immediatelyuponits adoptionand shall continuein effectfor a periodof not longer thanforty-five (45) days. Afternoticepursuantto GovernmentCodeSection65090anda public hearing, the CityCouncilmayextendthe effectivenessof this UrgencyOrdinanceas providedin GovernmentCode Section 65858.
SEC ION 11. Term.
This InterimUrgencyOrdinanceshalltakeeffectconcurrentwiththeexpirationof Urgency Ordinance No. 980 at midnight on June 5, 2021, and shall remain in effect for a period of ten ( 10) months, fifteen ( 15) days, through and including April 20, 2022, in accordance with California Government Code Section 65858.
SECTION 12. Publication.
TheCityClerkshallcertifyto the passageandadoptionofthis InterimUrgencyOrdinance and shall cause its publication in accordance with applicable law.
Interim Urgency Ordinance No. 981 - Page 6 of 7
PASSED, APPROVED, AND ADOPTED this 2" d
day of June, 2021.
0AX
Dennis Michael, or
ATTEST:
J§fiice C. Reynolds,tity Clerk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JaniceC. Reynolds, CityClerkoftheCityofRanchoCucamonga, doherebycertify thattheforegoingInterimUrgencyOrdinancewaspassedandadoptedbya4/5voteata regular meetingoftheCityCounciloftheCityofRanchoCucamongaheldonthe2nddayofJune, 2021, by the following vote:
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None
ABSENT: None
ABSTAINED: None
Executedthis 3rdday of June2021, at RanchoCucamonga, California. qanice C. Reynolds, ityClerk
APPROVED AS TO FORM:
J es L. Markman, City Attorney
Interim Urgency Ordinance No. 981 - Page 7 of 7
Interim Urgency Ordinance No. 999 - Page 1 of 7
INTERIM URGENCY ORDINANCE NO. 999
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING
FOR AN ADDITIONAL ONE YEAR, THROUGH APRIL 20, 2023, AN
EXISTING MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR BUILDING PERMITS OR OTHER ENTITLEMENTS FOR NEW
SERVICE STATION USES OR THE EXPANSION OF EXISTING
SERVICE STATION USES IN THE CITY OF RANCHO CUCAMONGA,
DECLARING THE URGENCY THEREOF AND MAKING A
DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Legislative Findings.
A. Subsection F(8) of Section 17.32.020 of the Rancho Cucamonga Municipal Code defines a “service station,” in relevant part, as a “retail business selling gasoline or other motor vehicle fuels.” For the purpose of this Interim Urgency Ordinance, a service station shall be limited to those retail businesses selling motor vehicle fuels derived from liquid fossil fuels. In this context, a service station is commonly referred to as a gas station.
B. The Environmental Protection Agency (EPA) has classified service stations and fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
C. Common contaminants found at service station sites include gasoline, diesel, and petroleum oil, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or potentially present, at service stations threatens the public health, safety or welfare of neighboring communities.
D. There are thirty-two service stations currently in operation in the City of Rancho Cucamonga. At the time that that moratorium that is the subject of this Interim Urgency Ordinance was first adopted, there were two more service stations that were in plan check review for building permit or under construction. Many of the existing service stations are located near sensitive receptors. The close proximity of service stations to these areas increases the risk of contaminant exposure to vulnerable populations. This problem is exacerbated in situations where the service station may become a brownfield site.
D. A disproportionate amount of the City’s existing service stations are concentrated in the southwest and central areas of the City. Thirteen service stations are located in District 2 and eleven are located in District 3. In contrast, Districts 1 and 4 have only five service stations each. The proliferation of service stations in Districts 2 and 3 inequitably increases health risks for the residents of these districts due to the potential contaminants present at service stations.
As a matter of environmental justice, the City Council must carefully consider how such uses are zoned under the City’s General Plan and Development Code in order to avoid an undue concentration of service stations in any one part of the City.
ATTACHMENT 6
Interim Urgency Ordinance No. 999 - Page 2 of 7
E. Based on data provided by the Sheriff’s Department, the amount of criminal activity that occurs specifically at service stations necessitates that police services be routinely deployed to service stations. Over the past five years, the number of calls for service at service stations has steadily increased. In 2020, a total of 1,059 calls for service were made at service stations in the City, resulting in approximately 2,455 hours of police time spent policing and protecting service stations. Data for 2021 is not yet available. The development of additional service stations within the City would result in additional strains on police services to counter the potential for increased criminal activity.
G. The increased criminal activity associated with service stations threatens the health, safety and welfare of all residents, but particularly those within the southwest and central areas of the City, due to the inequitable concentration of service stations in those areas. The City Council believes the location and proliferation of service stations in certain areas of the City requires further regulation to ensure that the negative effects of service stations can be curtailed in order to better protect the public.
H. Altogether, the existing location and concentration of service stations in the City mean that drivers need only drive approximately five minutes in order to reach most existing service stations in the City. When the moratorium on service stations was first adopted, applications for additional service stations were being submitted to the City despite the already high concentration of service stations in the City and declining demand.
I. The declining demand for gasoline is partly demonstrated by the decline in annual service station revenues in the City. According to revenue estimates reported to the City by existing service stations, such revenues have declined by over half a million dollars from 2019 to 2020, echoing global trends, which have seen the decline in service stations over the past ten years due to a variety of factors, including the proliferation of electric vehicles, shared mobility solutions, and alternative fuel options.
J. Furthermore, vehicle technology is rapidly evolving such that reliance on gas is steadily declining. According to a report from the Boston Consulting Group, it is estimated that by 2030, more than one third of all new vehicles will be fully or partially electric. Charging for electric vehicles can take place in a variety of locations such as at home, work and in parking lots. Ride- sharing solutions further reduce demand for gasoline as car ownership becomes more obsolete.
By 2035, shared mobility solutions such as Uber, Lyft, and Zipcar are expected to account for nearly 20% of on-road passenger miles. Meanwhile, alternative fuel options such as hydrogen fuel, liquefied petroleum gas (LPG), compressed natural gas, and biofuels are increasing their share in the gasoline and diesel markets.
K. The declining demand for gasoline may increase competition amongst the existing service stations in the City such that closures may occur over time. Due to their propensity to become brownfield sites, service stations require significant investment to remediate any potential ground contamination prior to redevelopment. Closed sites may be abandoned and left unused for years and removal of contaminants may present health risks for neighboring communities and sensitive receptors. Additional closures could result in increased blight and dangerous conditions throughout the City, thereby threatening public health, safety and welfare. The City Council wishes to assess the appropriate concentration and locations of service stations given declining demand.
L. There are thirty-two service stations currently in operation in the City of Rancho Cucamonga. The City received applications for additional service stations to be constructed at
Interim Urgency Ordinance No. 999 - Page 3 of 7
the northeast corner of Arrow Route and Grove Avenue. An additional service station to be redeveloped and expanded two blocks north at the corner of Archibald Avenue and Arrow Route and another to be redeveloped at Foothill Boulevard and Red Hill Country Club Drive have been approved by the Planning Commission and are under constructions. These service station projects would be located within the southwest part of the City, an area with an already high concentration of service stations. Based on all of the foregoing impacts associated with the development of service stations, the City Council therefore finds there is a current and immediate threat to the public health, safety and welfare that is presented by pending applications for land use entitlements and building permits to develop new service stations and expand or remodel existing service stations within the City, and that a moratorium is necessary.
M. The City is responsible for adopting and implementing land use regulations within its boundaries. The Rancho Cucamonga Municipal Code generally regulates the entitlement and establishment of service stations within the City, but it does not specify development or operational standards such that the City can mitigate the impacts caused by service stations.
N. On April 21, 2021, the City Council approved Interim Urgency Ordinance No. 980, which imposed an initial 45-day moratorium on the approval of applications for building permits or other entitlements for new service station uses or the expansion of existing service station uses during the pendency of the City’s review and adoption of permanent regulations governing service stations. The initial 45-day moratorium expired on June 5, 2021.
O. On June 2, 2021, the City Council adopted Interim Urgency Ordinance No. 981 to extend the moratorium on service station uses by 10 months and 15 days, through April 20, 2022.
O. The City Council continues to believe that the time provided by the moratorium will allow for a comprehensive analysis on how to manage and reduce the impact of additional service stations in the City, or if additional service stations or the expansion of existing service stations should be permitted. During the extended period of the moratorium, the City will continue to analyze their potential impacts on the public health such as the potential for contaminant exposure near sensitive receptors and residential areas; impacts on public safety related to the provision of police services to service stations; and impacts on the public welfare due to the disproportionate concentration of service stations in certain residential areas of the City and potential for blight in connection with declining demand for gas. The City Council finds that these studies will help the Council and the City’s Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that this extension will allow time to evaluate the General Plan, the Development Code, and the Zoning map and develop appropriate regulations and/or appropriate zones for service stations in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City’s residents, business community, property owners, and developers.
P. Based on the foregoing, the City Council ultimately finds that if the City fails to further extend the moratorium adopted pursuant to Interim Urgency Ordinance No. 980, then new service stations may be allowed to develop within the City or be redeveloped or expanded within the City that do not reflect the demand for such services, are incompatible with neighboring residential areas and sensitive receptors, and exacerbate existing public safety issues at service stations. Therefore, a current and immediate threat to the public safety, health and welfare remains in existence.
Q. A written report describing the measures taken to alleviate the conditions which led to the adoption of the aforementioned Interim Urgency Ordinance was issued by the City
Interim Urgency Ordinance No. 999 - Page 4 of 7
Council on March 16, 2022, which was at least ten (10) days prior to the extension of the moratorium on April 6, 2022, in compliance with State law.
R. Pursuant to Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on April 6, 2022, at which time the City Council considered this Interim Urgency Ordinance to extend the existing moratorium on the establishment or expansion of service station uses for an additional one year.
SECTION 2.Authority.
Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal that the City Council is considering, studying, or intends to study within a reasonable period of time. The City Council may also extend a moratorium adopted pursuant to such an interim ordinance for up to 10 months and 15 days, and subsequently for up to one year, pursuant to Government Code Section 65858(a).
SECTION 3.Urgency Findings.
The City Council finds and determines that there is an immediate threat to the public health, safety, or welfare, and that new and expanded service station uses within the City, under the City’s current regulations, constitutes a threat to the public health, safety or welfare. As described in Section 1, the staff report accompanying this Interim Urgency Ordinance, and other evidence in the record, such continued service station development in the City could threaten the health, safety and welfare of the community through negative impacts that include, but are not limited to, public safety, contaminant exposure, and police protection services. To preserve the public health, safety, and welfare, the City Council finds that it is necessary that this Interim Urgency Ordinance to extend the current moratorium on service stations take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm.
SECTION 4.Moratorium Extended.
A. Based on the facts and findings set forth in Sections 1 through 3 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby extends through and including April 20, 2023, the existing moratorium on the approval of applications for the development of new service station uses or the expansion of existing service station uses, first adopted pursuant to Interim Urgency Ordinance No. 980 and extended by Interim Urgency Ordinance No. 981 (the “Moratorium”).
B. No application for a building permit or any other entitlement, including a design review or conditional use permit, authorizing construction of a new service station use or the expansion of an existing service station use, including the expansion of accessory uses on the same site, shall be approved during the term of the Moratorium.
C. Notwithstanding the foregoing, the Moratorium shall not apply to the following:
(1) The improvement, renovation, or demolition of an existing service station, provided that such development otherwise conforms to applicable law, does not result in an increase to the number of gas pumping facilities, does not add any new accessory uses on site, and does not require a discretionary entitlement to perform such improvement, renovation, or demolition; or
Interim Urgency Ordinance No. 999 - Page 5 of 7
(2) An application for a service station that has been deemed complete or received all discretionary entitlements as of the moratorium’s effective date, provided that the City has issued a building permit for construction or redevelopment of the proposed service station within six months of the Moratorium’s initial effective date of April 21, 2021. The Moratorium shall thereafter apply to these applications if a building permit has not been issued within that six-month period.
D. For the purposes of this Interim Urgency Ordinance, the term “service station” shall have the same meaning prescribed in Subsection F(8) of Section 17.32.020 of the Rancho Cucamonga Municipal Code, except that it shall be limited to retail business selling gasoline or other motor vehicle fuels derived from fossil fuels (e.g., petroleum).
SECTION 6.Special Conditional Use Permit.
Notwithstanding any other provision of this Interim Urgency Ordinance, the City of Rancho Cucamonga may accept, process and approve applications for special conditional use permits for development or use of property otherwise subject to Section 4 of this Interim Urgency Ordinance, if the City Council finds, after receipt of a recommendation from the Planning Commission, that an owner of property subject to the Moratorium will be deprived of all economically viable use of his or her land unless the property owner is allowed to develop or use the property for a service station, or that the law of California or of the United States otherwise requires the City to approve an application for a permit or an entitlement for the development or use. The special conditional use permit provided by this Section shall be an available entitlement process and permit for a property owner affected by the Moratorium whether or not a conditional use permit would otherwise be required by the Rancho Cucamonga Municipal Code. A special conditional use permit submitted pursuant to this Section shall be processed in accordance with Chapter 17.14 of the Rancho Cucamonga Municipal Code, except that the City Council shall serve as the final decision-making body, which shall make the additional findings required by this Section prior to approving the special conditional use permit.
SECTION 7.Enforcement.
The provisions of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code.
SECTION 8. CEQA Findings.
The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will extend an existing temporary moratorium on approvals of applications for service station uses in the City in order to protect the public health, safety and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the moratorium. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations.
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or
Interim Urgency Ordinance No. 999 - Page 6 of 7
unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 10. Effective Date.
This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption.
SECTION 11. Term.
This Interim Urgency Ordinance shall take effect concurrent with the expiration of Urgency Ordinance No. 981 at midnight on April 20, 2022, and shall remain in effect for a period of one year, through and including April 20, 2023, in accordance with California Government Code Section 65858.
SECTION 12. Publication.
The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law.
PASSED, APPROVED, AND ADOPTED this 6th day of April, 2022. .
_____________________________
L. Dennis Michael, Mayor
ATTEST:
________________________________
Janice C. Reynolds, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Interim Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of April, 2022, by the following vote:
Interim Urgency Ordinance No. 999 - Page 7 of 7
AYES:
NOES:
ABSENT:
ABSTAINED:
Executed this __ day of ______, 2022, at Rancho Cucamonga, California. _________________________________
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
_________________________________
Nicholas R. Ghirelli, City Attorney
DATE:April 6, 2022
TO:Mayor and Members of the City Council
FROM:John R. Gillison, City Manager
INITIATED BY: Lori Sassoon, Deputy City Manager/Administrative Services Noah Daniels, Finance Director
SUBJECT: Consideration of the City Council Community Parks and Landscape Citizens' Oversight Subcommittee's Recommendation to Appoint Members to the Community Parks and Landscape Citizens' Oversight Committee. (CITY)
RECOMMENDATION:
Staff recommends the City Council approve the Community Parks and Landscape Citizens' Oversight Subcommittee's recommendation to appoint Denise Garzaro, Pascal Pangestu, and Matthew Parmental to the Community Parks and Landscape Citizens' Oversight Committee.
BACKGROUND:
On August 7, 2019, the City Council adopted Resolution 19-075, establishing the Community Parks and Landscape Citizens' Oversight Committee. The purpose of the Committee is to review the annual financial audits of certain districts to provide oversight of the revenues and to communicate with property owners regarding how their community parks and landscaping are maintained and funded.
Per the Resolution, a City Council Subcommittee must review the applications, interview, and recommend committee members for appointment to the City Council. Appointed committee members serve four-year terms. Three committee members' terms have expired or are expiring:
Otis Greer, expired on February 28, 2022
David DeMauro, expiring on July 31, 2022
Denise Garzaro, expiring on July 31, 2022
Otis Greer and David DeMauro confirmed with the City Clerk the conclusion of their terms and service on the Committee. Denise Garzaro indicated that she would like to continue to serve on the Committee.
The City Clerk's Office posted a Notice of Upcoming Vacancies for the Committee on February 16, 2022. Three applications were submitted by the close of the application period on March 3, 2022.
ANALYSIS:
The City Council Subcommittee (Councilmembers Scott and Spagnolo) interviewed the applicants on March 21, 2022 and recommends that the City Council appoint all three applicants
1 1
8 7
to the Committee based on their background and interest in serving the City and their community.
The three applications will serve the Committee for the following terms:
Denise Garzaro, August 1, 2022 to 2026
Pascal Pangestu, April 6, 2022 to 2026
Matthew Parmental, April 6, 2022 to 2026
FISCAL IMPACT:
There is no fiscal impact.
COUNCIL MISSION / VISION / GOAL(S) ADDRESSED:
This item supports the City Council's core values of actively seeking and respectfully considering all public input, and providing and nurturing a high quality of life for all.
ATTACHMENTS:
None