Item Coversheet
Item #10.

Staff Report 089-20

TO:

Mayor and City Council




FROM:

Eric Holmes, City Manager




DATE:

7/20/2020








SUBJECT


Public hearing on resolution in support of temporary moratorium prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities
Key Points
  • State law allows adoption of temporary moratoria on particular uses for up to six months while studies are conducted related to such uses and how they should be regulated, provided a hearing on the moratorium is held within 60 days of original adoption.
  • On June 8, 2020, the City Council adopted Ordinance M-4295 establishing an emergency six-month moratorium prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities. Adoption of the moratorium preserves the ability to develop the Strategic Plan, Vancouver City Center Vision (VCCV), Title 20 updates, Climate Action Plan, and other plans with the widest range of choices and alternatives for future development until the strategy and corresponding code updates are completed.
  • There are exemptions for permits required for upkeep, repair, or maintenance of existing buildings or properties, or work mandated to maintain public health and safety.
  • The City Council has previously acted to encourage agencies to deny permits for facilities that increase the transportation of Bakken crude oil through Clark County (June 2014, Resolution M-3821), restricted the expansion of crude petroleum facilities by way of a moratorium (Sept. 2014, Resolution M-4090), and made corresponding revisions to the City land use code (Title 20.150 VMC).
  • The City can hold public hearings and maximize public input in the siting of new, or expansion of existing, large-scale fossil fuel facilities without jeopardizing any possible land use option that may be precluded by unrestricted development.

Strategic Plan Alignment

 

Goal 1: Ensure our built urban environment is one of the safest, most environmentally responsible and well maintained in the Pacific Northwest.


Present Situation

The moratorium prohibits the acceptance, processing, and granting of applications for permits for establishment of new, or expansion of existing, large-scale fossil fuel facilities until December 8, 2020. This provides time for work to continue on updates to the Strategic Plan, VCCV, Title 20 updates, and the drafting of a Climate Action Plan.


Advantage(s)
  1. Allows the City time to consider the widest range of choice and alternatives for future development when developing strategy and plans and implementing corresponding code updates.
  2. Allows time for associated public process, stakeholder outreach, and required environmental review.
  3. Avoids jeopardizing any possible land use option that may be precluded by unrestricted development until work on the Strategic Plan, VCCV, Title 20 updates, and Climate Action Plan are further underway.

Disadvantage(s)

Prohibits the acceptance, processing, and granting of applications for permits for previously allowed new or expanded fossil fuel facilities.


Budget Impact

Minimal budget impact. No permit applications for new, or the expansion of existing, facilities means no permit fee revenue but also no permit review costs. Because permit review fees are capped, permit fees may not fully cover the cost of reviewing a large and complicated project like a fossil fuel facility, meaning the moratorium may have a slight budget benefit to the City.


Prior Council Review

June 8, 2020, adoption of Ordinance M-4295 adopting temporary moratorium.


Action Requested

On Monday, July 20, 2020, subject to public hearing, adopt a resolution making findings of fact in support of Ordinance M-4295.

 

Aaron Lande, Senior Policy Analyst, 487-8612

 


ATTACHMENTS:
Description
Resolution
Ordinance M-4295
Presentation