Loading...
HomeMy WebLinkAbout2023-030 Adopting Council Policy No. 400-16 Good Neighbor PolicyRESOLUTION NO. 2023-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 400-16 ESTABLISHING A GOOD NEIGHBOR POLICY FOR WAREHOUSING, LOGISTICS, AND DISTRIBUTION USES WITHIN THE CITY Whereas, the City of Lake Elsinore (City) recognizes that the construction and operations of larger-scale warehousing, logistics and distribution uses will generate negative impacts to residences and/or other sensitive land uses (“sensitive receptors”) that must be mitigated in order to maintain quality of life; protect public health, safety, and welfare; and ensure orderly development; and, Whereas, sensitive receptors generally include residences, schools, parks, playgrounds, community centers, assisted living, day care centers, nursing homes, hospitals, places of religious assembly, and similar uses; and, Whereas, in order to mitigate negative impacts on sensitive receptors and the environment and to preserve and advance the City Council’s vision as set forth in the City’s General Plan and Dream Extreme 2040 Plan, the City Council desires to adopt a policy to provide a framework for design and operation of larger-scale warehousing, logistics and distribution projects with buildings that are 250,000 square feet in size or larger; and, Whereas, this policy will apply Best Management Practices (BMPs) and development and operational criteria to help minimize potential impacts to sensitive receptors and will be used in addition to applicable requirements of the City’s Zoning Code and the California Environmental Quality Act (CEQA); and, Whereas, this policy is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3) Common Sense Exemption based on the “general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.” The use of this exemption is appropriate if it can be seen with certainty that that there is no possibility that the activity in question may have a significant effect on the environment. This policy will not approve any specific project nor allow any development with the potential to cause a physical environmental impact. The policy itself would only apply to future development and would actually lessen the potential for future physical environmental impacts pursuant to CEQA. Furthermore, as the policy would not result in a direct or reasonably foreseeable indirect physical change to the environment and would ultimately be more protective of the environment, approval of the project itself would not be deemed a “project” for CEQA purposes based on the language under Section 15060(c)(2) of CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Council of the City of Lake Elsinore hereby adopts Council Policy No. 400-16 establishing a Good Neighbor Policy for Warehousing, Logistics, and Distribution Uses, attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2: This Resolution shall take effect immediately upon its adoption. Section 3: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CC Reso. No. 2023-30 Page 2 of 2 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of April 2023. Natasha Johnson Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-30 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 25, 2023 and that the same was adopted by the following vote: AYES: Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson NOES: None ABSENT: Council Member Tisdale ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Revised: Page 1 of 6 PURPOSE In recent years, the Inland Empire has seen significant growth in the warehousing, logistics, and distribution industries. It is expected that market conditions for these industries will remain strong in the Inland Empire and that demand for more sites will also remain strong. As neighboring communities reach significant levels of build out, it is anticipated that Lake Elsinore will become an increasingly attractive location for these market segments. The City of Lake Elsinore recognizes that the construction and operations of these uses may generate negative impacts to residences and/or other sensitive land uses (“sensitive receptors”) that must be mitigated in order to maintain quality of life; protect public health, safety, and welfare; and ensure orderly development. Sensitive receptors generally include existing residences (excluding those located in Industrial zoning designations), areas entitled for residences, schools, active parks (excluding passive parks and trails), playgrounds, community centers, assisted living, day care centers, nursing homes, hospitals, places of religious assembly or institution (excluding those located in Industrial zoning designations), and similar uses. This policy provides a framework for larger-scale warehousing, logistics and distribution projects to be designed and operated in order to mitigate negative impacts on sensitive receptors and the environment and to preserve and advance the City Council’s vision as set forth in the City’s General Plan and Dream Extreme 2040 Plan. This policy is meant to apply Best Management Practices (“BMPs”) to help minimize potential impacts to sensitive receptors and will be used in addition to applicable requirements of the City’s Zoning Code and the California Environmental Quality Act (CEQA). This policy does not replace the need for preparation of appropriate project- specific environmental review and application of any necessary mitigation measures. This policy provides a series of development and operational criteria that can be implemented to supplement project-level mitigation measures in order to adequately mitigate impacts related to warehousing, logistics and distribution land uses on sensitive receptors. This policy will be implemented by incorporation into the conditions of approval that are part of the approval process for individual development projects. This provides a mechanism by which applicants and the public are made aware of how these guidelines are specifically implemented on a project-by-project basis and will provide an opportunity for City staff to monitor ongoing compliance with the individual conditions of approval. APPLICABILITY This policy applies to warehousing, logistics, and distribution land uses that with buildings that are 250,000 square feet in size or larger. Warehousing, logistics and distribution facility means those DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Page 2 of 6 facilities used for the storage and/or consolidation of manufactured goods and/or raw materials (excluding bulk storage of materials which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other off- site facilities. These facilities may include manufacturing, assembly, and/or fabrication operations. They are typically characterized by dock high loading doors that could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: freight yards/forwarding terminals, warehousing distribution/high cube distribution centers, moving agencies, parcel delivery terminals, railroad freight stations, shipping/receiving yards, and truck terminals. This policy provides guidance that will be appropriate for most warehouse, industrial, or distribution land uses with buildings that are 250,000 square feet in size or larger. The Planning Division shall use this policy to review warehousing, logistics and distribution projects and, in instances where a project does not conform to this policy, shall document findings of non-compliance that will be considered by the Planning Commission and City Council. The hearing body (Planning Commission or City Council) has sole discretion and authority to approve projects that deviate from the guidance provided in this policy, subject to site-specific conditions (such as the specifics of site topography, proximity of adjacent sensitive receptors, and other relevant factors), appropriate environmental review, and other factors that the City Council may consider at its sole discretion. Project-level review under CEQA will continue to apply to any and all projects, regardless of their square footage and size, and may include technical reports including, but not limited, noise, air quality, and traffic related impact evaluations. STANDARDS Siting and Design: 1. Warehousing, logistics, and distribution land uses with buildings that are 250,000 square feet in size or larger that are located within 1,000 feet of an existing or planned sensitive receptor shall provide detailed justification supporting a proposed separation of less than 1,000 feet as measured from the property line of the sensitive receptor to the nearest point of any proposed warehousing, logistics and distribution building. In no case shall the minimum setback from an existing sensitive receptor to truck bays, loading docks, active truck operations areas, outdoor storage areas, or any buildings be less than 300 feet to any property line of a sensitive receptor. Other setbacks appropriate to the site’s zoning classification shall be incorporated in the design. Projects with buildings located within 1,000 feet of a sensitive receptor may DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Page 3 of 6 submit a Preliminary Application (PAR) for review by the City Council Executive Project Review Subcommittee and the City’s Development Review Committee (DRC). The PAR review may include, but not limited to, identification of site-specific conditions, list of permitted uses within the setback area, and other relevant factors used for a proposed separation of less than 1,000 feet. 2. Warehousing, logistics and distribution land uses shall be designed to provide adequate on- site parking for commercial trucks and passenger vehicles and shall provide for adequate on- site queuing for trucks that is located away from sensitive receptors. The general queuing and spill-over of trucks onto surrounding public streets shall be prevented. Commercial trucks shall not be parked in the public right-of-way or nearby residential areas. 3. Entry gates into loading dock(s)/truck court area(s) shall be positioned at a minimum of 140 feet inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 40 docks. The distance requirement may be reduced if the project design includes double truck stacking lanes. Queuing, or circling of vehicles, on public streets immediately pre- or post-entry to a warehousing, logistics and distribution facility is strictly prohibited. Applicants shall submit to the Engineering Department, and obtain approval of, all turning templates to verify truck turning movements at entrance and exit driveways and street intersections adjacent to said warehousing, logistics and distribution buildings prior to entitlement approval. 4. Sites shall be fully screened with perimeter landscaping and masonry screening walls along all bordering streets and adjacent to the property lines of sensitive receptors. Perimeter screening shall measure a minimum of 15 feet in width and shall include, but not be limited to, a continuous vegetative screen of overstory trees that measure a minimum of 25 feet in height within ten (10) years of planting and a solid masonry wall of at least six (6) feet in height. Trees shall be provided at a ratio of one (1) 24” box tree per 20 linear feet. Plans for the perimeter landscape buffer shall be prepared by a landscape architect licensed to do business in the State of California and shall incorporate adequate access points for routine maintenance and meet the City's Water Efficient Landscape Requirements (LEMC Chapter 19.08). Developments located within a Very High Fire Hazard Severity Zone shall prepare a Fuel Modification Plan that includes, but not limited to, fire-resistive, native plant species in landscaping. Landscape plans in for developments located in a Very High Fire Hazard Severity Zone shall be reviewed by the City Fire Marshal. The property owner will be responsible to establish a long-term maintenance mechanism to assure that the landscaping remains in place and functional in accordance with the approved landscaping plan and shall DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Page 4 of 6 be responsible to ensure that the landscaping is maintained in a healthy, living condition, to include the replacement of dead, diseased, or dying plant materials as soon as practicable. 5. Building planes visible from public view shall be articulated by changes in exterior building materials, color, decorative accents, and/or articulated features. Modulation and variation of building masses between adjacent buildings visible from public streets shall be provided. Pedestrian and ground-level building entries accessible to visitors should be designed using recessed entries, covered entries, projections, or roofs to provide shade and visual relief at a pedestrian scale. Construction and Operation: 6. All construction and grading related activities shall comply with the South Coast Air Quality Management District (SCAQMD) Regulations in effect at the time work commences. 7. The following environmentally responsible practices shall be required during construction: a. The applicant shall use reasonable best efforts, as determined by the Community Development Director, or designee, to deploy the highest rated California Air Resources Board (CARB) Tier technology that is available at the time of construction. Prior to permit issuance, the construction contractor shall submit an equipment list confirming equipment used is compliant with the highest CARB Tier at the time of construction. Equipment proposed for use that does not meet the highest CARB Tier in effect at the time of construction, shall only be approved for use at the discretion of the Community Development Director, or designee. b. Use of electric-powered hand tools, forklifts, aerial lifts, materials lifts, hoists, pressure washers, plate compactors, and air compressors. c. Designation of an area in any construction site where electric-powered construction vehicles and equipment can charge if the utility provider can provide temporary power for this purpose. d. Identification in site plans of a location for future electric truck charging stations and installation of a conduit to that location. 8. A Property Maintenance Program shall be submitted for review and approval by the Community Development Director or designee prior to the issuance of building permits. The DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Page 5 of 6 program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition, and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program. 9. Facility operators shall coordinate with CARB and SCAQMD to obtain the latest information about regional air quality concentrations, health risks, and trucking regulations. 10. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. Concrete Pouring activity shall be exempt from the construction days and hours operation identified above (concrete pouring shall not include other construction activities such as framing work). The applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. The sign shall identify the name and phone number of the development manager to address any complaints. 11. Facility hours of business operation for projects with buildings located within 1,000 feet of a sensitive receptor shall be reviewed on a project-by-project basis. A Preliminary Application (PAR) for such projects may be submitted for review by the City Council Executive Project Review Subcommittee and the City’s Development Review Committee (DRC). Facility hours of business operations shall be limited to Monday through Friday 7:00 a.m. to 7:00 p.m. and no work shall occur on weekends or Legal Holidays adjacent to sensitive receptors, except when the operator demonstrates through site design and mitigation measures to adequately shield and reduce noise impacts to the sensitive receptors. At no time shall refrigerated trucks parked outdoors run and/or idle outside of the facility hours of operation. Changes to the hours of operation shall be reviewed on a project-by-project basis and shall be included in the Conditions of Approval for the project. 12. At no time during normal business hours shall the noise generated from the adjacent industrial operation exceed 65 dba as measured from the closest property line of a sensitive receptor. 13. A City representative shall conduct periodic on-site inspections during and after construction to verify compliance or recommend better efforts toward compliance during grading, construction, and operational activities. DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: “Good Neighbor Policy” for Warehousing, Logistics, and Distribution Uses Policy No. 400-16 Effective Date: Page 6 of 6 HISTORY Adopted by Resolution No. 2023-XXX [Date] DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA