HomeMy Public PortalAboutUrgency Ord. 1758-AURGENCY ORDINANCE NO. 1758-A
URGENCY ORDINANCE 1758-A OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA EXTENDING FOR 10 MONTHS
15 DAYS THE 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") has continuing concerns regarding a
potential increase in commercial manufacturing/industrial uses within neighboring
communities due to the growing economy and lack of vacant levelopable 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 DOJ") 2022 update to its
"Warehouse Projects: Best Practices and Mitigation Measures to Comply with the California
Environmental Quality Act" notes that:
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• "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, on September 19, 2023 the City adopted Urgency Ordinance No. 1758
implementing a forty-five (45) moratorium on Warehouse and Trucking Uses and related
uses ("Moratorium") for any application which had not been deemed complete as of
September 12, 2023 to study existing Warehouse and Trucking Use regulations and
developments to determine the potential adverse impacts on the environment, and develop
policies, guidelines and regulations related to such uses; and
WHEREAS, the City needs additional time 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; 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; address truck yards, and associated buildings, queuing, stacking, loading,
unloading and parking of trucks; and 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
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WHEREAS, the expiration of the Moratorium on November 3, 2023 would result in
the continuing threat to public health, safety, or welfare, and by extending the Moratorium,
City can continue to mitigate the threat of health and safety caused by Warehouse and
Trucking Uses until the City can implement the proper controls to mitigate any negative or
harmful effects associated with such uses; and
WHEREAS, on October 3, 2023, the City Council receive and filed a report a report
per Government Code Section 65858(d) describing the measures taken to alleviate the
condition which led to the adoption of the Moratorium; and
WHEREAS, the City desires to the extend the Moratorium pursuant to the notice and
hearing requirements of Government Code Section 65858(a); and
WHEREAS, on October 12, 2023 a public notice was published in the Lynwood Press
Wave describing the City's intent to extend the existing Moratorium, and the duly notice public
hearing was held on October 17, 2023; and
WHEREAS, if adopted Urgency Ordinance No. 1758-A will be in effect for an
additional 10 months 15 days and shall expire on September 18, 2024 unless further
extended.
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: Urgency Ordinance No. 1758-A was 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, agenda report and exhibits, and findings of Urgency
Ordinance No. 1758-A, which are hereby incorporated herein 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 No. 1758-
A, the City Council finds that the adoption of this Urgency Ordinance extending the
Moratorium on the establishment, expansion, or modification of Warehouse and Trucking
Uses, and related uses for and additional ten (10) months and fifteen (15) days 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 extension of the
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.
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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 No.
1758-A, the Moratorium shall be extended for an additional ten (10) months and fifteen (15)
days, and 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.
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B. Moratorium. The 45 -day moratorium established by Urgency Ordinance No.
1758-A is hereby extended by an additional ten (10) months and fifteen (15)
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.
C. Exceptions. The Moratorium shall not prohibit any of the following:
1. The annual renewal of an existing business license, any permits necessary
for the routine maintenance or repair of a building or site, or any permit
necessary for required repairs due to an emergency or to protect the public
health, safety, and welfare.
2. Tenant improvements within an existing building, provided the tenant
improvements would not otherwise be considered an expansion or
intensification of the building or use as determined by the Director of
Community Development.
3. Any new or renewed lease agreement that does not conflict with the intent of
this Urgency Ordinance.
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 California 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
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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 Sections 36937(b) and 65858(a) and shall be in effect for an additional
ten (10) months and fifteen (15) days, unless earlier terminated or extended by the City
Council as permifted 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 17th day of October, 2023.
Oscar Flores, Mayo
ATTEST:
Mari uinonez,
ity Clerk
APPROVED AS TO FORM
Noel Tapia, City Attorn
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Ernie Her, andez 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 17t" day of October 2023.
AYES: COUNCIL MEMBERS CAMACHO, MUNOZ-GUEVARA, SOLACHE, MAYOR
PRO TEM SOTO AND MAYOR FLORES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Date:
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
/P/igA5
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-A on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 17th day of October 2023.
Maria Quinonez,
City Clerk
Date: l®/r!.RA3
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