FROM:
Planning Department
SUBJECT:
Title
Municipal Code Amendment (MCA) No. 21-001 for an amendment to Chapter 9 of the Municipal Code to add Article V to establish sustainability standards to improve air and other environmental quality for warehouse (industrial commercial center) developments throughout the city.
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RECOMMENDATION:
Recommendation
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COUNCIL GOALS:
• To promote economic development by pursuing business retention, expansion and attraction.
• To promote economic development by establishing a quick, consistent development process.
DISCUSSION:
Click or tap here to enter text. The City of Fontana currently regulates warehouse development in Specific Plans and Chapter 30 of the Zoning and Development Code. In addition to city requirements, warehouse development and operators are required comply with South Coast Air Quality Management District (SCAQMD), California Air Resources Board (CARB), and CALGreen requirements. Thus, the city, SCAQMD, CARB and CALGreen includes air quality improvement requirements and standards for warehouse developments and operators.
Background:
The City Council requested staff to research air quality improvement measures as it relates to warehouse development projects. The results of this research was presented at a September 14, 2021 joint Planning Commission and City Council workshop, which included the following:
• Summary of State and other agencies air quality improvement requirements currently implemented on warehouse projects.
• Routine conditions and air quality improvement measures implemented on warehouse projects beyond what the State and other agencies require.
• At the conclusion of the workshop City Council directed staff to prepare a new Ordinance, the “Industrial Commerce Centers Sustainability Standards Ordinance” that includes sustainability requirements for warehouse projects.
The Planning Commission reviewed the entitlement as listed in this report at its meeting on December 21, 2021 and adopted Resolution PC No. 2021-050 to recommend approval to the City Council.
ENVIRONMENTAL FINDING:
This project is exempt per the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15061(B)(3) (the common-sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to reduce potential impacts to air and environmental quality. An Exemption Memorandum has been prepared for this project and included an attachment in the staff report.
ANALYSIS:
The City initiated Municipal Code Amendment (MCA) No. 21-001 (“Amendment’) to amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to add a new Article to establish sustainability standards for warehouses (industrial commerce centers) throughout the city that will include standardize requirements with the objective to reduce potential impacts to air and environmental quality.
Although the city currently implements air quality improvement and sustainable measures, the proposed Ordinance seeks to further improve air and environmental quality by the creating a new Article (Industrial Commerce Centers Sustainability Standards) in Chapter 9 of the Municipal Code. This new section would include existing routine conditions and measures along with requiring new additional measures for warehouse (industrial commerce center) projects to reduce potential impacts to air and environmental quality.
Summary of Article V of Chapter 9. The following is a brief summary of the standards that shall apply to all warehouse developments in the City of Fontana (a detailed comprehensive list of all the requirements is located in the Ordinance, Attachment No. 1):
A. Solid screen buffering treatments and additional landscaping setbacks are required between loading docks and truck courts adjacent to sensitive receptors.
B. Trees shall be used as part of the solid screen buffering treatment.
C. Anti-idling signs are required to posted at warehouses to stipulate a 3-minute idling restriction.
D. Addresses orientation of trucking activities relative to sensitive receptors.
E. On-site stacking requirements.
F. Facility operators are required to establish and enforce a truck routing plan.
G. Signs and drive aisle pavement markings are required to clearly identify the on-site circulation pattern.
H. Signs are required to be in public view with contact information for a designated representative of the building operator and SCAQMD to receive complaints about excessive dust, fumes, or odors on this site.
I. Alternative energy requirements.
J. Operational and construction requirements.
K. Property owner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in the United States Environmental Protection Agency’s SmartWay Program and to use carriers that are SmartWay carriers.
FISCAL IMPACT:
None.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. City Council Ordinance
2. Planning Commission Staff Report with Attachments
3. Planning Commission Draft Minutes
4. Notice of Exemption Memorandum
5. Notice of Exemption
6. Public Hearing Notice