Agenda Item No. _ 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Freciado, Director of Development Services/City Engineer ` • Benjamin J. Matlock, Planning Manager/City Planner
FOR: City Council Meeting of April 10, 2023
SUBJECT: Study Session regarding Service Stations and Carwash Facilities RECOMMENDATION:
That City Council conduct a study session regarding Service Stations and Carwash Facilities, and provide direction to staff as appropriate.
DISCUSSION:
Fuel station facilities and carwashes are considered as Convenience/Support Services under Section
84.0230, Commercial Land Use Types, pursuant to the City Development Code, and new facilities have been allowed in the City's commercial land use district subject to the Conditional Use Permit review process. Within the City's approximately 28 square mile jurisdiction, there are currently 14 fuel station facilities in operation, five (5 ') that have been entitled, and one (1) application that is currently in the CUP entitlement phase but not yet approved. In combination, a total of 20 fuel stations could be developed. In addition, there are currently ten (10) existing carwash facilities, one (1) under construction, one (1) that has been entitled, and two (2) carwashes that are currently in the CUP entitlement phase but not yet approved, and two (2) that property owners/developers have discussed with staff but not formally submitted to the City for an entitlement. In combination, a total of 14 carwash facilities would be developed in the City if all the carwash facilities, including the two (2) that have not yet been submitted,' are ultimately approved. The carwashes referenced includes a mix of accessory washes to a fuel station, several "full service" carwashes, several express carwash tunnels, coin operated washes, and one commercial onsite detail service.
The City of Yucaipa has a current population of approximately 55,000 people, and a General Plan buildout of approximately 80,000 people. Based on the overall expected growth within the City, as well as recognition of California's ambitious Zero Emission Vehicle (ZEV) infrastructure and vehicle targets for the state, a study session was held at the City Council Meeting of August 23, 2021, to discuss carwash and fuel station land uses and possibly explore a moratorium of new approvals, At the time, the Council acknowledged that these were not necessarily the most exciting land use, and ' The Yucaipa Pointe project approval also included either the redevelopment of the existing Mobile fuel station or development of a new station as a site alternative. They are also considering the addition of a carwash as an accessory use for that new fuel station facility.
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that the total existing and planned fuel stations and carwashes seemed like it would adequately accommodate the City's growth projections, the Council decided that the private market will determine the ultimate needs and that the City should not interfere.
Since 2021, additional applications and discussions for these facilities have occurred. For comparison, the potential sites, including those approved and or specifically discussed with Planning Division staff has increased by 2 for fuel stations and 4 for carwashes, Based on community comments and the City's consideration of any future land use approvals for future fossil fuel stations and/or carwash facilities, staff is recommending an opportunity for additional discussion of whether the existing and "pipeline" locations of uses will be able to meet the basic needs and expectations of 'Yucaipa residents and visitors. In addition, as future development occurs and results in less vacant land available for development, would the installation of these uses meet the community's vision for those vacant parcels.
Based on these general concerns, other communities, including those in San Bernardino County, have begun implementing ordinances that limit or prohibit new facilities. In addition, different communities also have amended their site criteria to encourage or facilitate the redevelopment of the fossil -fuel based facilities to ZEV infrastructure into the future. Transportation systems remain as the largest contributor of greenhouse gas and criteria pollutant emissions in California from the emissions generated from internal combustion motors, and efforts to encourage the adoption of zero emission vehicles can reduce the localized air quality impacts. Separately, communities have also limited the development of new carwash facilities simply due to the proliferation and saturation of that particular use.
Should there be interest to curtail the future development of such uses, the City Council has the option of directing staff to prepare an interim urgency ordinance for Council's adoption 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 interim urgency ordinance would establish a temporary moratorium prohibiting the submittal of any new planning applications for such uses and allow staff the opportunity to formally amend the Development Code to curtail the development of such uses in the future. The City has are obligation to ensure that all development minimizes impacts and that the benefits to existing and future residents 255
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are maximized. If an interim urgency ordinance is prepared, the City Council will need to find that there is a current and immediate threat to the public health, safety and welfare that is presented by proposals to expand and/or develop these particular uses and that a moratorium is therefore necessary.
An interim urgency ordinance and subsequent formal ordinance would be developed to not restrict the limited improvement or renovation of an existing service station or carwash, such as interior modifications, exterior repainting, and general maintenance, or the demolition of an existing service station. In addition, Council can also specify that any existing and approved entitlements can be developed prior to the expiration of such entitlement. Further, Council can also specify that an application submitted and "deemed complete'° prior to such moratorium can still be processed and approved pursuant to the City's Conditional Use Permit process, or provide a restriction for any site that has not yet been approved. Another consideration may also be provided for the Freeway Corridor Specific Plan, where such uses may be beneficial to support the expected development in that area while also aligning with certain store requirements, such as Costco, Sam's Club, or Vons, that may include those uses as part of the development of a new store. In that consideration, staff recommends that an exception be provided for a fuel facility use that is accessory to, and clearly incidental to the overall business of those businesses. As part of the revised ordinance, provisions would be included to allow the conversion or adaptation of the existing fossil -fuel based facilities to ZEV infrastructure.
Should Council decide to restrict the development of only carwash facilities, additional direction could be provided to either allow or restrict a carwash developed as an accessory to that fuel station.
Pursuant to Government Code Section 65858, the initial term of an interim urgency ordinance formally establishing a moratorium is 45 days, which can be extended in order to complete the work required to incorporate new development regulations.
FISCAL IMPACT:
There is no fiscal impact associated with this Council action.
Approved by:,,_�-—
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