Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fennin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Planning Manager/City Planner�j
FOR: City Council Meeting of April 24, 2023
SUBJECT: Adoption of UrgencyOrdinance No. 425U, an Urgency Ordinance ofthe City Council of the City of Yucaipa, California, Adopting an Interim Measure Imposing a Moratorium on the Use, Construction, Establishment or Operation of New Service Stations and Car Washes
RECOMMENDATION:
That the City Council adopt Urgency Ordinance 425U pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment orexpansion of car washes and fuel station facilities.
BACKGROUND:
Fuel station facilities and carwashes are considered as Convenience/Support Services under Section
84.0230, Commercial Land Use Types, under the City Development Code. In addition, new facilities have been allowed in the City's Commercial Land Use District subject to the Conditional Use permit (CUP) review process. Within the City's approximately 28 square mile jurisdiction, there are currently 14 fuel station facilities in operation, five (5 l) that have beenentitled, 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 ld carwash facilities would be developed in the City if all the carwash facilities, includingthe two (2) that have not yet been submitted, t 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 I The Yucaipa Pointe pro)cc( approval also included either the redevelopment of the existing Mobile fuel station or development ofanew station as a site alternative. They area lso considering the addition of a carwash as an accessory use for that new fuel station facility.
04/24/2023 City Council Agenda 150
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 April 10, 2023, to discuss car -wash and fuel station land uses and possibly explore a moratorium of new approvals. During Council discussion, it was recognized that the City has seen substantial growth with these two land uses, and that community members have expressed concern over the saturation of those uses. In addition, Council has recognized that the oversaturation of car washes in the City provides minimal economic benefit to the City or City residents, as that use results in Iow sales tax revenues, and does not hire a significant amount of employees. Council also recognized that the development of these saturated uses would result in the loss of commercially zoned land in prime areas of the community that could otherwise be developed to provide a significant benefit to the community.
DISCUSSION:
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 that has been drafted would establish a temporary moratorium prohibiting the approval of such uses, and allow staff the opportunity to formally amend the Development Code that can appropriately curtail the development of such uses in the future. In addition, the interim urgency ordinance, and any subsequent formal ordinance that would be developed, would 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. While the Interim Urgency Ordinance would prohibit approval of new gas station and carwash facility applications, state law would still require that staff continue to process any pending or submitted applications received during the moratorium period and "hold" such applications from a decision, as interim ordinances only temporarily suspends project approvals and not project processing.
Government Code Section 65858 also requires that prior to adoption of any urgency ordinance, the City Council must find that there is a current and immediate threat to the public health, safety, or welfare and that adoption of an interim ordinance would protect the public safety, health, or welfare.
The attached ordinance includes findings of public health, safety and welfare risk to the community with the continued development of these uses. Pursuant to Government Code Section 65958, the 04/24/2023 City Council Agenda 151
initial term of an 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, with a second extension of an additional ten months and 15 days, following a noticed public hearing, and one more extension for up to an additional 12 months (a potential duration of two years). Ten days prior to the expiration of the initial urgency ordinance or any extension, the City Council is required to issue a written report describing the measures taken to alleviate the condition that led to the adoption of that ordinance. Following adoption of an urgency ordinance under Section 65858, subsequent urgency ordinances affecting the same property are prohibited unless the subsequent ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence or set of circumstances different from those that led to the adoption of the prior interim ordinance.
FISCAL IMPACT:
There is no fiscal impact associated with this Council action.
Attachment: Urgency Ordinance 425U
Approved by-r— �'�--
04/24/2023 City Council Agenda 152
ORDINANCE NO.425-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YUCAIPA, CALIFORNIA, ADOPTING AN INTERIM MEASURE
IMPOSING A MORATORIUM ON THE USE, CONSTRUCTION,
ESTABLISHMENT OR OPERATION OF NEW SERVICE STATIONS AND
CAR WASHES
WHEREAS, pursuant to the City of Yucaipa's police power, the City Council of the City of Yucaipa ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with "a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, the City Council is concerned that Service Stations and Car Washes may be incompatible with the public health and safety of Yucaipa and the City Council believes that careful consideration and thorough study of potential regulations pertaining to these facilities is required; and
WHEREAS, to address community concerns regarding the proliferation of Service Stations and Car Washes, it is necessary for the City Council study the potential impacts such uses may have on the public health, safety and welfare; and
WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the use, construction, establishment and/or operation of Service Stations and Car Washes would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are:
The City is concerned with the public nuisance caused by Service Stations and Car Washes, involving the following:
a, The presence of 14 existing and active Service Stations and 10 existing and active Car Washes in the City
b. The total of 5 Service Stations and 2 Car Washes that have already been approved through the City's land use entitlement process.
c. The total of 1 pending Service Stations and 2 Car Washes currently going through the City's land use entitlement approval processes.
04/24/2023 City Council Agenda 1 153
d. The limited economic benefit of such facilities in terms of property tax generation, sales tax generation and employment generation.
e. The current limited supply of appropriately zoned lands within the City and the potential loss of future economic opportunity for the City through the continued absorption and utilization of this limited land supply for Service Stations and Car Washes.
2. The City Council desires to investigate and study the impacts of Service Stations and Car Washes; and
3. Absent the adoption of this Ordinance, the use, construction, establishment or operation of Service Stations and Car Washes in the City may pose a serious threat to public health and safety, introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and
4. Absent the adoption of this Ordinance, the number and location of Service Stations and Car Washes may increase the burden upon City services; and
5. As a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of Service Stations and Car Washes in the City, pending completion of the City's study of the potential impacts; and
6. In addition, it is necessary to prohibit, as a public nuisance, the use of any structure for Service Stations and Car Washes for the duration of this Ordinance, or any extension thereof, and
WHEREAS, the City Council determines, by at least a four -fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.
04/24/2023 City Council Agenda 2 154
SECTION 2. INCORPORATION.
The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.
Accordingly, this Ordinance shall become effective immediately upon adoption.
SECTION 3. DIRECTION; DEFINITION.
It is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of new Service Stations and Car Washes pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Yucaipa Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Yucaipa. To that end, the City Manager is directed to analyze the appropriateness of Service Stations and Car Washes within the city limits of the City of Yucaipa, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.
For purposes of this Ordinance, Service Station shall have the same meaning as found in Section 812.19040 and Car Wash shall mean any building, equipment, facility or any other type of structure erected, placed, located or maintained in which power driven or steam cleaning machinery is used for the exterior and interior washing and cleaning of automobiles and other motor vehicles. Such facility and equipment may be designed for self-service or full -service operation.
This moratorium shall not be interpreted as affecting the use or operation of any;
1. Legally existing Service Stations and Car Washes in the City; or
2. Service Stations and Car Washes that have not yet been completed but which are subject to:
a. A vesting tentative map; or
b. Development agreement; or
c. An approved entitlement within a Unified Commercial Center d. For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.
SECTION 4. MORATORIUM ESTABLISHED.
In accordance with the authority granted to the City of Yucaipa by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days, no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of Service Stations or Car Washes for the period of this Ordinance, or any extension thereof, Service Stations or Car Washes 04/24/2023 City Council Agenda 3 155
shall be considered prohibited uses in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment authorizing the use of any land within the City as Service Stations or Cat Washes,
SECTION 5. PROHIBITION.
No person shall commence, construct, establish, or operate any Service Station or Car Wash, as defined in this Ordinance, within the City limits of the City of 'Yucaipa during the period this Ordinance is in effect.
SECTION 6. VIOLATION A PUBLIC NUSIANCE.
The construction, establishment or operation of any Service Station or Car Wash as defined in this Ordinance, within the city limits of the City of Yucaipa during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare. No property in any zone of the City is to be used for purposes of a Service Station or Car Wash during the period this Ordinance is in effect. The use of any property for such purpose shall be a public nuisance. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable administrative remedies.
SECTION 7. SEVERABILITY.
The City Council of the City of Yucaipa hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION S. REPORT.
The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance.
SECTION 9. EFFECTIVE DATE; FOUR -FIFTHS VOTE REQUIRED.
This Ordinance shall become effective immediately upon adoption if adopted by at least a four - fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) 04/24/2023 City Council Agenda 4 156
days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.
0 Rot 11 [Weller aU:311 WN-1 OWN
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Yucaipa.
PASSED, APPROVED AND ADOPTED this 24th day of April, 2023.
ATTEST:
Ana Sauseda, CMC
City Clerk
Justin Beaver, Mayor
APPROVED AS TO FORM:
Steven Graham, City Attorney
04/24/2023 City Council Agenda 5 157