File #: 2017-337    Version: 1 Name:
Type: Consent Status: Agenda Ready
File created: 4/26/2017 In control: City Council
On agenda: 5/2/2017 Final action:
Title: CONSIDER RESOLUTION NO. 17-061, AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U ALLOWING AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U TO ALLOW FILING AND PROCESSING OF PLANS AND PERMITS NECESSARY TO OPERATE A NEW 146,936 LOGISTICS FACILITY ON SITE LOCATED AT 200 AND 230 E ALONDRA BOULEVARD (CITY COUNCIL)
Attachments: 1. Exhibit No. 1 - Ordinance 17-1615U Executed, 2. Exhibit No. 2 - C. Neuhoff ALERE letter, 3. Exhibit No. 3 - RESO 17-061

Report to Mayor and City Council

Tuesday, May 02, 2017

Consent

 

 

SUBJECT:                     

Title

CONSIDER RESOLUTION NO. 17-061, AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U ALLOWING AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U TO ALLOW FILING AND PROCESSING OF PLANS AND PERMITS NECESSARY TO OPERATE A NEW 146,936 LOGISTICS FACILITY ON SITE LOCATED AT 200 AND 230 E ALONDRA BOULEVARD (CITY COUNCIL)

 

 

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I.                     SUMMARY

On March 21, 2017, the City Council adopted Interim Urgency Ordinance No. 17-1615U for 45-day temporary moratorium on the establishment, expansion, or modification of truck yards, logistics facilities, hazardous materials or waste facilities, container storage, and container parking (Exhibit No. 1). Section 6 of this Ordinance allows the City Council to make exceptions to the application of this Ordinance. On April 27, 2017, Mr. Clark Neuhoff with Alere Property Group filed a request to make an exception to this ordinance to allow filing and processing of all applicable applications and/or permits necessary to allow construction of the said structure (Exhibit No. 2).

If the City Council determines to allow an exception pursuant to Section 6, such applications and/or permits may be filed and processed in accordance with the City's regulations and authority, and any other applicable laws, ordinances and regulations. Staff recommends adoption of Resolution No. 17-061 approving Alere’s request (Exhibit No. 3).

II.                     RECOMMENDATION

Recommendation

WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 17-061, “ALLOWING AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U ALLOWING AN EXCEPTION TO THE APPLICATION OF INTERIM URGENCY ORDINANCE NO. 17-1615U TO ALLOW FILING AND PROCESSING OF PLANS AND PERMITS NECESSARY TO OPERATE A NEW 146,936 LOGISTICS FACILITY ON SITE LOCATED AT 200 AND 230 E ALONDRA BOULEVARD.”

 

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III.                     ALTERNATIVES

TAKE such other action as the City Council deems appropriate, consistent with the requirements of the law.

IV.                     BACKGROUND

Section 6 of Ordinance No. 17-1615U states that the City Council may allow exceptions to the application of this Ordinance, if the City Council determines any of the provisions included in Section 6.A. 1 through 8 apply to the request. Staff has determined that provisions of Section 6.A.2 applies to this request. Section 6.A.2. of Interim Urgency Ordinance states:

“Application of the Ordinance would impose an undue financial hardship on a property or business owner.”

The applicant has submitted sufficient information to staff and the City Attorney’s office to justify this hardship. The applicant has invested approximately $12,000,000 in land purchase, entitlements, demolition, and soft costs.

In addition, the applicant has agreed to pay the City a one time “Interim Development Impact Fee” of $2 per square foot for a total of $293,872.00.  This amount replaces the $150,000.00 amount that the applicant had already agreed to pay the City in accordance to the conditions of approval.  Staff is proposing payment of this “Interim DIF” as a new exception if the City Council extends this moratorium and adopts staff’s proposed exception.  The following is the proposed language for this exception:

“The facility enters into a development impact fees agreement with the City.”

 

V.                     FISCAL IMPACT

The applicant will be making a one-time payment of $293,872.00 to the City.  

VI.                     EXHIBITS

1.                     Ordinance No. 17-1615U.  (pgs. 3-14)

2.                     April 27, 2017 Letter, Mr. Clark Neuhoff, Alere Property Group. (pgs. 15-16)

3.                     Resolution No. 17-061.  (pgs. 17-19)

 

Prepared by:  Saied Naaseh, Planning Manager