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)
Body
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.”
Body
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