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305 ORDINANCE NO. 305 t AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING THE ESTABLISHMENT OR EXPANSION- OF OUTDOOR STORAGE AND OUTDOOR MANUFACTURING USES IN THE COMMERCIAL MANUFACTURING, RESTRICTED MANUFACTURING AND INDUSTRIAL ZONE DISTRICTS WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has been amended from time to time; and WHEREAS, the Zoning Code, as it pertains uses in Commercial Manufacturing (CM), Restricted Manufacturing (MR) and Industrial (M-2) zone districts, has not been updated in several years; WHEREAS, the City Council adopted a comprehensive General Plan on April 27, 2010, which. contains a Land Use Element that includes Industrial and Floodplain Industrial land use designations; WHEREAS, the General Plan Industrial land use designation is intended those. uses that can be made compatible with other surrounding uses within the City regarding noise, dust, odors, vibration„ glare, air quality, traffic, aesthetics, and hazardous materials. Typical uses may include light manufacturing and assembly, small, scale warehousing and distribution, research and development, and administrative and service types of uses. WHEREAS, properties within the Floodplain Industrial designation are planned for ultimate development as light industrial, non-polluting uses similar to. the Light Industrial designation, and where those proposed developments demonstrate that adequate measures can be implemented to ensure that the proposed use is effectively protected from identified flood hazards. WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan's goals and policies; and WHEREAS, the public health, safety and welfare is fully. articulated in the City's General Plan; and WHEREAS, in order for the immediate protection of the public health, safety and welfare, and pursuant to Government Code Section 65858, a moratorium is hereby placed on the expansion of existing or establishment of outdoor storage and outdoor manufacturing uses in the Commercial Manufacturing, Restricted Manufacturing and Industrial zone districts in the City of Grand Terrace. r Ordinance No. 305 Page 2 of 6 i _ WHEREAS, the City of Grand Terrace has not adopted a moratorium on ,the expansion, establishment or operation of outdoor storage and outdoor manufacturing uses prior to this urgency ordinance. WHEREAS, Government Code Section 65858 provides for the adoption, as an urgency measure, interim ordinances for certain expressed purposes and by a vote of four-fifths (4/5) majority of the voting City Council members. WHEREAS, this moratorium shall remain in effect for,forty-five (45) days and may be extended, after notice and public hearing, for an additional ten (10) months and fifteen (15) days. WHEREAS, this urgency ordinance is based on the following facts: 1. The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and 2. Uses that include outdoor storage and outdoor manufacturing operations. within the City of Grand Terrace present unique challenges to local government because the Grand Terrace Municipal Code does not adequately define or regulate these types of land uses. Manufacturing uses, and some outdoor storage uses, such as contractor storage yards, are permitted within certain 'zones but are not otherwise regulated. In the absence of specific standards and zoning regulations pertaining to such uses it is difficult to mitigate the secondary impacts generated by these establishments, thus requiring a commitment of code enforcement resources typically greater than other regulated retail establishments. 3. The establishment and operation of new outdoor storage uses and outdoor manufacturing uses in the City, or the expansion of existing ones, before the City can adopt land use regulations presents. a current and immediate threat to the public health, safety and welfare. The lack of regulations or lack of adequate regulations create a current threat to public health, safety and welfare due to noise, traffic, air quality impacts generated from outdoor storage and outdoor manufacturing activities. 4. City staff has received a number of inquiries, regarding these types of uses, inconsistent with the General Plan, and given the regularity of such inquiries anticipates submittal of development applications for such uses in the future. 5. Until such time as the City institutes specific land use controls over outdoor storage and outdoor manufacturing uses the community is at risk that such businesses could be established, operated, -modified or expanded prior to the adoptions necessary for the protection of public Ordinance No. 305 Page 3 of 6 _ health, safety and welfare. 6. Government Code.Section 65858 allows cities to adopt an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which is in the process of being considered by the Planning Agency, Planning Commission, or legislative body; and 7. The City needs this interim urgency ordinance to (1) address the City's concerns regarding the establishment and operation of outdoor storage and outdoor manufacturing uses; (2) study the potential impacts that these businesses may have on the public health, safety and welfare; (3) study and determine what local regulations-may be appropriate or necessary for these uses; (4) study and determine the appropriate zoning and location for these uses; and (5) determine appropriate controls for the protection of the public health and welfare. 8. The City's General Plan contains Goal 2.1 to provide for balanced growth and maintenance of a healthy diversified community; Policies'2.3.5 and 2.4.4 to implement measures to reduce and prevent potential land use incompatibility between commercial and industrial uses and other areas; i- and Policies 2.4.1 and 2.4.2 to promote the development of light, nonpolluting industrial use within the City. 9. For the.reasons set forth above, this Ordinance is necessary to preserve the public health, safety and welfare and to avoid a current and immediate threat to the health,safety and welfare of the community. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS VOTE THIS INTERIM ZONING AND URGENCY MEASURE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 AS FOLLOWS: SECTION 1. The City Council finds that above Recitals are true and correct, and per the above Recitals the Zoning Code appears to provide insufficient regulations regarding outdoor storage and outdoor manufacturing uses in the Commercial Manufacturing, Restricted Manufacturing and Industrial zone districts. in the City of Grand Terrace. SECTION 2. After the effective date of this ordinance, no permit or any other applicable license or entitlement for use, including the issuance of a business license, business permit, building permit, use permit or zoning text amendment shall be . approved or issued for the expansion of existing, or the establishment of new outdoor storage uses or outdoor manufacturing uses in the Commercial Manufacturing, Restricted Manufacturing and Industrial zone districts in the City of Grand Terrace. Ordinance No. 305 Page 4 of 6 New outdoor storage uses and activities or new outdoor manufacturing uses and activities are hereby prohibited. Expansion shall also include any amendment to an existing entitlement or permit. Notwithstanding the provisions of the Grand Terrace Municipal Code, all land use permit applications for expansions of or for new outdoor storage uses or outdoor manufacturing uses, which have been received, but decisions have not been rendered by the City as of May 23, 2017, are hereby suspended and the use prohibited within the City of Grand Terrace for an initial period of 45 days from the effective date of this ordinance pursuant to Government Code Section 65858 SECTION 3. DEFINITIONS. For .purposes of this ordinance, the following definitions shall apply: "Manufacturing, heavy" shall be as defined in Section 18.06.520 of the Grand Terrace Municipal Code. "Manufacturing, light" shall be as defined in Section 18.06.525 of the Grand Terrace Municipal Code. "Manufacturing, medium" shall be as defined in Section 18.06.530 of the Grand Terrace Municipal Code. "Outdoor storage" means an outdoor arrangement of objects, items, products, equipment, vehicles or other materials, typically not in a fixed position and capable of rearrangement. "Outdoor manufacturing" means .activities that include compounding of materials, assembly, fabrication, processing, packaging or repair processes. SECTION 4. URGENCY CLAUSE. The City Council finds and declares that this ordinance is required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect until the end of 45 days from its effective date unless its effectiveness is extended in,accordance with Government Code 65858. SECTION 5. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and. has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Ordinance No. 305 Page 5 of 6 __- SECTION 6. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 7. HARDSHIP WAIVER. The moratorium established herein shall not be applicable if a request for exception due to hardship, or other unique circumstances that have arisen as a result of this ordinance is approved by the City Manager of the City of Grand Terrace. Any request for exception shall be in writing and shall articulate the reasons for the request. The request shall be filed with the City Clerk. The matter shall be heard through a public hearing and may be appealed to the City Council for a de novo public hearing. The waiver shall not be granted unless the requestor can demonstrate the need for a waiver by clear and convincing evidence. A hardship waiver shall not be unreasonably withheld. SECTION 8. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such 'invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 9. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all legal requirements. This ordinance shall become effective immediately from and after its passage. ATTEST: L Debra L; Thomas, CMC Darcy c1labo City-Clerk Mayor Approved as to form: Richard L. Adams, II City Attorney Ordinance No. 305 Page 6 of 6 �. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF GRAND TERRACE I, DEBRA L. THOMAS, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23d day of.May, 2017, by the following vote: AYES: Council Members Reinarz, Hussey, Wilson, Mayor Pro Tern Robles, Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. r" 1 1 Debra L. Thomas, City Clerk