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Home My Public Portal AboutUrgency Ord. 1758URGENCY ORDINANCE NO. 1758 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ENACTING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE AND TRUCKING USES AND RELATED USES WITHIN THE CITY OF LYNWOOD WHEREAS, Government Code Section 65858 expressly authorizes a general law city, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that its legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency measure is adopted by a four -fifths vote of the legislative body, and have no further force and effect 45 days from its adoption, unless thereafter duly extended by further legislative action; and WHEREAS, Government Code Section 36937(b) expressly authorizes the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four -fifths vote of the City Council; and WHEREAS, the City of Lynwood ("City") is concerned with a potential increase in commercial manufacturing/industrial uses within neighboring communities due to the growing economy and lack of vacant, developable land, particularly warehouses, distribution centers, and truck storage facilities (collectively "Warehouse and Trucking Use(s)"), which include any use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers; and WHEREAS, the United States Environmental Protection Agency("EPA"), in a 2014 Frequently Asked Questions sheet (EPA -420-F-14-044) ("EPA FAQ") notes that "[P]eople who live, work, or attend school near major roads appear to have an increased incidence and severity of health problems that may be related to air pollution from roadway traffic. Health effects that have been associated with proximity to roads include asthma onset and aggravation, cardiovascular disease, reduced lung function, impaired lung development in children, pre -term and low-birthweight infants, childhood leukemia, and premature death. Other than air pollution, road noise may also play a role in the health problems associated with roadway exposure"; and WHEREAS, the California Department of Justice's ("CA DOS') 2022 update to its "Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act" notes that: • "Emissions of air pollutants and greenhouse gases are often among the most substantial environmental impacts from new warehouse facilities" (Section V, pg. 7); and • "The noise associated with logistics facilities can be among their most intrusive impacts to nearby sensitive receptors. Various sources, such as unloading activity, diesel truck movement, and rooftop air conditioning units, can contribute substantial noise pollution. These impacts are exacerbated by logistics facilities' typical 24 -hour, seven -days -per -week operation" (Section VI, pg. 10); and • "Warehouse facilities inevitably bring truck and passenger car traffic. Truck traffic can present substantial safety issues. Collisions with heavy-duty trucks are especially dangerous for passenger cars, motorcycles, bicycles, and pedestrians. These concerns can be even greater if truck traffic passes through residential areas, school zones, or other places where pedestrians are common and extra caution is warranted" (Section VII, pg. 11); and WHEREAS, with the lack of available industrial warehouse storage space in the region, the City has experienced an increase in Warehouse and Trucking Uses, and the residents and businesses within the City have faced an increase of truck traffic, resulting in the following current and immediate threats to the public health, safety, and welfare of its citizens: • Increased safety risk for smaller vehicles, pedestrians, and bicyclists; • Damage to City streets, streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.; • Traffic congestion and reduced levels of service on streets and at intersections; • Increase in air pollution, noise, and vibrations when travelling on the roadways next to residential areas and educational uses; and WHEREAS, there is a need to study and develop policy guidance to ensure there is a logical relationship between the placement of Warehouse and Trucking Uses and available truck routes to avoid the deleterious effects of routing trucks past sensitive uses; and WHEREAS, the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare; and WHEREAS, the City intends to update the Lynwood Municipal Code to further address the potential side effects of Warehouse and Trucking Uses to ensure that they are properly regulated within the City; and WHEREAS, the City also intends to address truck yards, and associated buildings, queuing, stacking, loading, unloading and parking of trucks; and WHEREAS, if zoning restrictions are temporarily imposed for the establishment, expansion, and/or development of Warehouse and Trucking Uses, the City can mitigate the threat of health and safety caused by Warehouse and Trucking Uses that often create congestion on City streets and noise, vibration, and other disruptions to the peace and quiet that is necessary for the enjoyment of residential neighborhoods and efficacy of educational uses; and WHEREAS, the City desires to establish a 45 -day moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses within the City through the adoption of this Urgency Ordinance to further the purposes stated herein; and WHEREAS, City staff, the City Planning Commission, and the City Council, each requires a reasonable period of time to study existing Warehouse and Trucking Use regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriate alternative regulations for Warehouse and Trucking Uses within the City; and WHEREAS, California Government Code Sections 36937(b) and 65858 authorize the City Council to act by ordinance to take effect immediately for the preservation of the public peace, health or safety when adopted by a four -fifths vote of the City Council. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynwood as follows: SECTION 1: The facts set forth in the recitals of this Urgency Ordinance are true and correct, and incorporated into this Urgency Ordinance as substantive findings. SECTION 2: This Urgency Ordinance is adopted as an interim urgency measure pursuant to Government Code Section 65858 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the findings of the City Council described in the recitals of this Urgency Ordinance and the agenda staff report associated with this Urgency Ordinance, which are hereby incorporated as the City's findings. SECTION 3: Facts Constituting Urgency. Based on the facts included in the above recitals and agenda staff report associated with this Urgency Ordinance, the City Council finds that the adoption of this Urgency Ordinance enacting a forty-five (45) day moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses is necessary to protect the public safety, health, and welfare of the general public. The EPA and CA DOJ have both noted the severe potential impacts an increase in Warehouses and Trucking uses can have on the volume of traffic and the potential environmental and health impacts associate with such increases in traffic. Such impacts are a current and immediate threat to the public health, safety, and welfare of the community and the enactment of a moratorium on the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood is necessary to mitigate such threats to the community's health, safety and welfare. SECTION 4: The City Council finds that the continued growth of Warehouse and Trucking Uses and related uses in the City may be in conflict with the City's General Plan in the following manner: • Circulation Plan Policy CIR-1.3 to "preserve the quality of residential neighborhoods by...discouraging the flow of truck traffic and through traffic in these areas" including Implementation Measure 7.0 requiring that new developments be adequately served by road of adequate design standards and capacity to provide reasonable access by car, truck, transit, or bicycle, and Implementation Measure 14.0 establish and enforce weight restrictions where necessary on routes traversing through residential neighborhoods; and • Noise Plan Policy NOI-1.1 to prohibit the development of new commercial, industrial, or other noise -generating land uses adjacent to existing residential uses and sensitive noise receptors exceeding 65 dBA. • Air Quality Plan Policy AQ-1.1 to ensure to the extent practical that air quality mitigation measures are incorporated into residential, commercial and industrial projects, including Implementation Measure 2.0 to use low emission vehicles and reschedule truck deliveries to off peak hours. SECTION 5: Effective immediately upon the adoption of this Urgency Ordinance, and for the duration of forty-five (45) days thereafter unless extended or terminated earlier by the City Council by subsequent ordinance, the City shall not approve the establishment, expansion, or modification of Warehouse and Trucking Uses and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023. SECTION 6: Definitions and Moratorium. A. Definitions. For the purpose of this Urgency Ordinance: "Warehouse and Trucking Uses" shall mean Warehouses, distribution centers, distribution plants, Trucking Storage Facilities and shall include any related use for the conduct, business, or management of warehousing, storing, freight forwarding, handling, parking, carrier leasing, keeping inventory, distribution activities and/or transporting of any shipping containers and/or trailers. 'Warehouses" shall mean any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure. "Trucking Storage Facilities" shall mean any use for the conduct, business or management of storing, placing, temporary parking, carrier leasing, and/or transporting of any shipping containers and/or trailers. B. Moratorium. A 45 -day moratorium is hereby established in the City of Lynwood by this Urgency Ordinance prohibiting the approval of any application for the establishment, expansion, or modification of Warehouse and Trucking Uses, and related uses within the City of Lynwood for any application which has not been deemed complete as of September 12, 2023. SECTION 7: Authority. This Urgency Ordinance is enacted pursuant to Government Code Sections 65858 and 36937, the City of Lynwood's general police powers, and Article XI of the California Constitution. SECTION 8: CEQA. Pursuant to Section 15378(b)(5) of the Califomia Environmental Quality Act (CEQA) Guidelines, this Urgency Ordinance is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment, and therefore not a project. Additionally, pursuant to CEQA Guidelines Section 15061(b)(3), this Urgency Ordinance is exempt from CEQA review because there is no possibility that the Moratorium may have a significant effect on the environment, insofar as it prohibits the construction of or alterations to, truck parking or logistics facilities within the City. Furthermore, even if the Urgency Ordinance is considered a project, the proposed moratorium is categorically exempt under CEQA Guidelines Section 15308, because it is clear that the Moratorium will not create an environmental impact and the action will assure the maintenance, enhancement, or protection of the environment through the eventual adoption of regulations and development standards on truck parking or logistics facilities. Accordingly, no further environmental review is necessary. SECTION 9: Severability. If any section, subsection, sentence clause or phrase or word of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council declares that it would have passed this Urgency Ordinance and each and every section, subsection, sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. SECTION 10: Effective Date. This Urgency Ordinance shall become effective immediately upon adoption by a four -fifths (4/5) vote of the City Council pursuant to California Government Code Section 36937(b) and shall be in effect for forty-five (45) days from the date of adoption, unless earlier terminated or extended by the City Council as permitted by law. SECTION 11: Adoption. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause the same to be published or posted according to law. PASSED, APPROVED AND ADOPTED this 19th day of September, 2023. Oscar Flores, Mayo ATTEST: Maria Quinonez, 'ity Clerk APPROVED AS TO FORM - J Noel Tapia, City Attokney rnie H • rnand • z, City Manager STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a meeting held on the 19th day of September 2023. AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR PRO TEM SOTO AND MAYOR FLORES NOES: NONE ABSENT: NONE ABSTAIN: NONE Date: aria Quinone City Clerk STATE OF CALIFORNIA )§ COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1758 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 19th day of September 2023. Date: aria Quinonez, City Clerk 'lb 74