Item Coversheet
Item #8.

Staff Report 178-21

TO:

Mayor and City Council




FROM:

Eric Holmes, City Manager




DATE:

11/22/2021



12/6/2021




SUBJECT


Six-month extension of temporary moratorium prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities
Key Points
  • 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.
  • On July 20, 2020, the City Council held a public hearing on Resolution M-4082 making findings of fact in support of the adoption of Ordinance No. M-4295 declaring an emergency and adopting a six-month temporary moratorium prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities. At the conclusion of the public hearing City Council voted to adopt Resolution M-4082.
  • On December 7, 2020, the City Council held a public hearing on Ordinance No. M-4323 extending the moratorium by six months prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities. Following the public hearing, City Council approved the ordinance.
  • On May 17, 2021, the City Council held a public hearing on Ordinance No. M-4335 extending the moratorium by six months prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities. Following the public hearing, City Council voted to approve the ordinance.
  • City staff engaged key stakeholders and then presented proposed code amendments to the City Council during the workshop held on August 2, 2021, after which City staff issued a SEPA Determination of Non-Significance (DNS) for the proposed code amendments, which commenced a required public comment period.
  • The City’s SEPA DNS was appealed by the Western States Petroleum Association, which identified a number of concerns with the City’s analysis; upon consideration of the appeal and related comments, staff agrees that more analysis is needed and has withdrawn the SEPA DNS to allow for additional work, which may necessitate assistance from outside experts.
  • An additional six month extension of the moratorium should allow City staff enough time to engage with consultants and other experts in the field to thoroughly analyze the issues and develop more appropriate strategies to mitigate risks associated with the establishment of new or expansion of existing, large-scale fossil fuel facilities.
  • This ordinance would extend the emergency six-month moratorium prohibiting the establishment of new, or expansion of existing, large-scale fossil fuel facilities for an additional period of six months and directs staff to continue work on recommendations addressing the circumstances necessitating the moratorium.

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 current 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. This extension would keep the current moratorium in place until June 8, 2021.


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.
  • July 20, 2020, adoption of Resolution M-4082 making findings of fact in support of the
    adoption of Ordinance No. M-4295.
  • December 7, 2020, public hearing and approval of Ordinance M-4323 extending temporary
    moratorium for additional six months.
  • May 17, 2021, public hearing and approval of Ordinance M-4335 extending temporary
    moratorium for additional six months.
  • November 1, 2021 - Council workshop

Action Requested

On Monday, November 22, 2021, approve ordinance on first reading, setting date of second reading and public hearing for Monday, December 6, 2021.

 

Chad Eiken, Community Development Director, 360-487-7882

 


ATTACHMENTS:
Description
Ordinance