HomeMy Public PortalAbout17-1618UORDINANCE NO. 17-1618 U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
CARSON, CALIFORNIA, EXTENDING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT, EXPANSION,
OR MODIFICATION OF TRUCK YARDS, LOGISTICS
FACILITIES, HAZARDOUS MATERIALS OR WASTE
FACILITIES, CONTAINER STORAGE, AND CONTAINER
PARKING IN THE CITY OF CARSON
WHEREAS, pursuant to Government Code § 65858, on March 21, 2017, the City Council
approved Ordinance No. 17-1615U establishing a temporary moratorium on the establishment,
expansion, or modification of truck yards, logistics facilities, hazardous materials or waste facilities,
container storage, and container parking in the City of Carson, and declaring the urgency therefor;
and
WHEREAS, City Council finds that the conditions necessitating such Ordinance continue to
exist; and
WHEREAS, City staff require more time to conduct the reviews and studies directed by such
Ordinance; and
WHEREAS, Government Code § 65858 authorizes the City Council to extend a moratorium
for a period of time not to exceed 10 months and 15 days after its original 45 day term upon notice
and a public hearing, upon a four-fifths vote, and upon a finding that there is a current and
immediate threat to the public health, safety, or welfare, and that 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, pursuant to Government Code § 65858(d), the City Council issued its 10 -day
report on April 18, 2017, outlining what actions have been taken in furtherance of the goals of the
moratorium; and
WHEREAS, since the adoption of Interim Urgency Ordinance No. 17-1615U, an Ad Hoc
Logistics Moratorium Committee was formed and met, and four subcommittees were formed and
met; and
WHEREAS, based on the concerns raised and the recommendations provided by the Ad Hoc
Moratorium Committee and the subcommittees, the scope of the moratorium is being narrowed for
this extension so as to provide the appropriate balance between the City's need to maintain the status
quo, and the need for logistics facilities in the City to conduct business; and
WHEREAS, this Interim Urgency Ordinance was considered by the City Council at a duly
noticed public hearing on May 2, 2017, at a regular meeting of the City Council.
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ORDL iANCE 17-1618U
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. AUTHORITY AND EFFECT
A. The State Planning and Zoning Law (Cal. Gov't Code Sections 65000, et seq.)
broadly empowers the City to plan for and regulate the use of land in order to provide for orderly
development, the public health safety and welfare, and a balancing of property rights and the desires
of the community and how its citizens envisions their city.
B. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon
the City Council of the City of Carson by Government Code Section 65858 and shall be in frill force
and effect immediately upon its adoption by a four-fifths (415) vote of the City Council as if, and to
the same extent that, such Ordinance had been adopted pursuant to each of the individual sections set
forth herein.
SECTION 2. DEFINITIONS
The following definitions are applicable to this Interim Urgency Ordinance, unless the
context clearly indicates otherwise:
A. "Abuts a sensitive land use" means that the Iogistics facility has at least one point of
connection to, is adjacent to, or is not buffered from, sensitive land uses.
B. "Big box discount store" shall mean a large retail store whose physical layout
resembles a large square or box when seen from above. A big -box store is typically characterized by
a large amount of floor space (generally more than 50,000 square feet), a wide array of items
available for sale, and its location in suburban areas. Big -box stores often typically offer lower prices
because they buy products in high volume. Examples of big box discount stores include Costco,
Home Depot, Lowe's, TJ Maxx, Smart & Final, etc.
C. "Buffered from sensitive land uses" means that a buffer exists between the logistics
facility and the sensitive land use that consists of (i) an arterial or collector street, (ii) a secondary
highway or larger roadway, as identified in the General Plan (80 -foot right of way or larger), (iii) an
easement that is no fewer than 150 feet wide; (iv) the Dominguez Channel; or (iv) a commercial
facility or center.
D. "Cargo container" shall mean any container sufficiently durable for repeated' use
which, by virtue of its own particular design, permits the temporary storage and protection of bulk
commodities, goods, and other cargo, and which may be transported in various modes without
intermediate loading or unloading.
E. "Cargo container storage " shall mean a facility, the principal use of which is for the
storage or stacking of one or more cargo containers. "Cargo container storage" shall not include the
presence of cargo containers at a warehouse site for the purpose of promptly loading, unloading or
transloading goods or materials to or from cargo containers.
F. "Cargo container parking" shall mean a facility for the parking of a trailer, detached
from the tractor unit, on which one or more cargo containers may be loaded.
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G. "Director" means the Director of Community and Economic Development, and
his/her designee.
H. "Establishment" means to bring into existence (a new logistics facility).
I. "Expansion" means:
I . An increase of the total size of the floor area of any existing building area by
10% or more, or construction of any new structure on the premises of an existing facility that results
in a total floor area increase of 10% or more; provided that, construction of office space for the
facility shall not be considered an expansion;
2. Any expansion/intensification of truck yards, cargo container parking, and
cargo container storage.
J. "Facility" means a temporary or permanent use of land or use of premises, a building
or structure, or part of a building or structure.
K. "Hazardous materials facility" means all buildings, equipment, manmade or natural
structures, and other stationary or movable items that are located on a single site or on contiguous or
adjacent sites and that are owned or operated by the same. person (or by any person that controls, is
controlled by, or under common control with, such person) for:
1. The handling of "state regulated substances" as listed in Table 3 of Section
2770.5 of Title 19 of the California Code of Regulations in excess of the threshold quantities
established in those regulations;
2. The handling of any "extremely hazardous substance," as defined in
Appendices A and B of Section 355.61 of Title 40 of the Code of Federal Regulations in excess of
the threshold quantities established in those regulations;
3. The treatment, transfer, storage, resource recovery, disposal, or recycling of
any amount of "hazardous waste" as defined in Sections 25117 and 25141(b) of the Health and
Safety Code, and Section 40141 of the Public Resources Code, unless conducted as an incidental
portion of the overall operations of the business at the facility, and as permitted or authorized by
applicable regulations. Also see, Health & Safety Code § 25117.1.
4, Any "hazardous waste management facility" that requires a permit pursuant
to Part 270 of Title 44 of the Code of Federal Regulations;
5. Any facility that requires a high -hazard group H occupancy (H-1, H-2, H-3,
and H-4) pursuant to the County of Los Angeles Fire Code.
6. "Handling" means, but is not limited to, manufacture, use, storage, processing,
shipping, receiving, transportation, transfer, resource recovery, disposal, recycling, or treatment.
7. Notwithstanding the above, any facility described in (1) through (4) above that
is exempt from, or has obtained an exemption to, the hazardous materials inventory reporting
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requirements in Section 25507 of the Health & Safety Code shall not be considered a hazardous
materials facility. For purposes of this subsection 7., "hazardous materials" shall have the same
meaning as Section 25501(n) of the Health & Safety Code.
L. "Industrial wholesale" means an industrial facility consisting of the exchange of large
quantities of goods for future distribution and resale for financial or other considerations.
M. "Logistics facility" means any warehouse for storage and transportation of goods,
distribution facilities, logistics services such as but not limited to material handling, production,
packaging, inventory, transportation, storage, warehousing, freight forwarding, deposit, storage,
safekeeping, or parts thereof, industrial wholesale, self -storage, portable storage rental facility, truck
terminals, hazardous materials facilities, truck yards, cargo container storage and cargo container
parking, and manufacturing uses with less than 54%o of floor area devoted to manufacturing, office,
sales, design, repair, or assembly.
N. "Logistics services" means services including labeling, breaking bulk, inventory
control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price
marking and ticketing, and transportation arrangement. However, establishments in this industry
group always provide warehousing or storage services in addition to any logistic services.
Furthermore, the warehousing or storage of goods must be more than incidental to the performance
of services, such as price marking.
0. "Modification" means making any changes, remodeling, or alterations to an existing
building or site that require permits, except for routine maintenance or alterations, as further
articulated in Section 4.B.1. Modification shall also include change in tenant at an existing facility
requiring a business license. A change in tenant means any new lease agreement or amendment to an
existing lease agreement that extends the term of the lease.
P. "Permit" means any City planning Iand use approvals, any new business license tax
permit (including the transfer of a business license from one owner to another), and any building,
grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is
discretionary or ministerial.
Q. "Planned Industrial Area" means any industrial area, development, or complex that
has been approved by virtue of a disposition and development agreement, development agreement,
or a master plan, or that is subject to a Specific Plan. "Planned Industrial Area" shall also include
any industrial area, development, or complex that is buffered from sensitive land uses.
R. "Portable storage rental facility" means operations that rent individual storage
containers to members of the public or businesses for the storage of a variety of items.
S. "Self -storage facility" means facilities that rent out space to persons for the storage of
personal property. Self -storage facilities shall include public storage rental facilities.
T. "Sensitive land uses" means residences and residential facilities, parks, schools (K-
12), and hospitals.
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U. "Truck" means all Federal Highway Administration (FHWA) vehicle classes
including Class 5 or higher with the exception of dually trucks and Recreational Vehicles.
V. "Truck loading door" means a door or entrance into a logistics facility designed to
allow loading and unloading of goods and materials to and from trucks excluding grade level loading
doors.
W. "Truck yard" means a principal use of land for parking or storage of trucks in active
use with or without servicing or repairing of trucks as an incidental use thereto.
X. "Trick terminal" means a principal use of land or building where there are dock
facilities for trucks, either partially enclosed or unenclosed, for the purposes of transferring goods or
breaking down and assembling tractor -trailer transport.
Y. "Warehouse" means an industrial building used for the freight forwarding, deposit,
storage, safekeeping, or manufacture of goods or parts thereof, regardless of whether the goods are
Offered for sale. Warehouses are used by manufacturers, importers, exporters, wholesalers, transport
businesses, customs, etc. They are usually large buildings with loading docks to load and unload
goods from trucks. Sometimes warehouses are designed for the loading and unloading of goods
directly from railways, airports, or seaports.
SECTION 3. FINDINGS
The City Council of the City of Carson hereby finds, determines, and declares that:
A. This Ordinance is being adopted in order to allow the City time to thoroughly review,
study and revise the City's laws, rules, procedures and fees related to logistics businesses in the City
of Carson.
B. The close proximity of the City to major transportation facilities such as ports,
airports, rail, and freeways make the City a desirable location for logistics businesses. Logistics
businesses usually involve one or more of the following: material handling, production, packaging,
inventory, transportation, storage, warehousing, freight forwarding, deposit, storage, safekeeping,
and hazardous waste and/or materials, hazardous waste. In addition, truck yards and container yards
are necessary to serve logistic businesses.
C. Trick trips generated by logistics facilities have direct impacts on the community
including traffic, air quality, noise, vibrations, and health impacts on the community.
D. Truck traffic increases the maintenance costs on roads for the City. For example, a
1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage
equivalent to that caused by 10,404 automobiles. City of Irwindale Mining Reclamation Impact
Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. H., pp. 25-29. A loaded
raining, truck weighs approximately 80,000 pounds, which is comparable to the average weight of
loaded 18 -wheeler trucks that commonly traverse the City of Carson to and from logistics facilities.
This finding was also made as early as the late 1970s in the federal Comptroller General's Report to
the Congress, Excessive Truck Weight.- An Expensive Burden We Can No Longer Afford. The City
intends to further research this issue and determine the impacts of specific to the type of trick traffic
(e.g., drayage, intermodal, long haul) on the types of roads in the City of Carson.
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ORDINANCE 17-1618U
E. Road maintenance impacts from truck trips from commercial and industrial uses in
Carson account for approximately 99.9% of all road maintenance impacts throughout the City
(excluding trips going through the City that are not generated from or to the City). Approximately
83.4% of all these impacts are generated by industrial uses.
F. The City of Carson cannot afford to continue to add new facilities that cause
extensive damage to the City roads and often contribute little by way of revenue to mitigate these
impacts. With the elimination of redevelopment, the City faced a loss of $30 million annually, and
that loss has not been recovered from other revenue sources. The City's structural deficit for FY 17-
18 is projected to be $3 million. This deficit will grow by about $1 million per year over the next 4
years due to changes at CalPERS and other factors. A preliminary estimate of the FY 21-22
structural deficit is $9.4 million.
G. The City's share of every dollar of property tax collected is $0.0674. This low
property tax rate is one of the reasons the City of Carson is not able to adequately budget for the
maintenance of roads. As stated in Section E., above, trucks are responsible for causing the damage
on our roads and increasing the maintenance costs. This is evident from the condition of the roads in
Carson and the lack of appropriate maintenance of the roads today. The City commissioned a
Pavement Management Program Study prepared by NCE, dated January 2017. NCE obtained an
inventory of pavement conditions for the entire City's street network, to develop strategies for the
City to maintain all streets, and to perform budgetary analysis to determine the funding needs,
among other tasks.
H. The report concluded that average Pavement Condition Index (PCI) rating for City's
entire 46,555,211 square -foot street network is 67 (a perfect PCI rating score is 100). Sixty-seven
PCI is considered "fair" condition for streets with both non -load related (weathering or raveling) and
load related (alligator cracking) distress. Generally, streets with load -related distress are more
expensive to repair. The report further breaks down the condition of the roads in the City as follows:
Class
PCI
Condition
Arterial
61
Fair
Secondary Arterial
50
Poor
Collector
62
Fair
Residential
75
Good
I. The study further concluded the City currently has $92.9 million in deferred roadway
maintenance costs. With the current budget of $1.5 million per year for the next seven years, the
deferred maintenance will increase to $145 million by FY 2212.3 while the PCI rating will drop from
67 to 55 in the same time frame. The study also found that in order to maintain the same PCI rating
of 67 for the same time frame, the City would have to increase its funding from $1.5 million per year
to $8 million per year. In this scenario, however, the deferred maintenance only decreases from
$92.9 million to $87.6 million. Therefore, even with a $6.5 million increase in annual expenditures,
the City's deferred maintenance issue will not be remedied. It is evident, however, that given the
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ORDINANCE 17-1618U
state of City's budget, it is impossible for the City to increase the street maintenance budget from its
current levels.
J. The City has approximately 48.2 centerline miles of roads designated as truck routes,
and its annual road repair budget is $1.5 million. As stated above, even in order to maintain the
existing level of road conditions, the City has to spend $8 million per year for the next seven years
and still have a deferred maintenance budget of $87.6 million. This significant increase has a
substantial impact on the City's budget.
K. The state has passed extensive legislation designed to reduce emissions and kick start
the state's clean energy economy. Nationwide, newer model -year vehicles are becoming more fuel-
efficient, saving consumers hundreds of dollars each year. At the same time, California has been
promoting the sale of zero emission vehicles with generous financial incentives and other perks, such
as access to the high -occupancy vehicle lane. However, meeting this goal will drive a revenue loss
for transportation infrastructure of $572 million and $276 million in state and federal gasoline excise
tax revenues, respectively. The recent passing of Senate Bill 1 will provide an estimated $52.4
billion in transportation revenue over a ten-year period to begin to repair some of the state's failing
infrastructure. However, this funding measure still falls short of the $137 billion backlog of repairs
to state highways and bridges and local streets. The City currently estimates that SBI will generate
estimated revenues of $3.7 million to $4.1 million. This will return the City to the revenue level in
2013, but will also fall short of the City's estimated $9 million required to maintain its roads.
L. An analysis needs to be done on which routes can be removed as truck routes and still
ensure adequate truck circulation, while minimizing truck impacts. The new truck routes must also
reduce or eliminated negative impacts on automobile and public transportation traffic. These
possible mitigation measures require further study.
M. Trucks also cause noise and vibration, which cause disturbances and potential damage
to businesses and homes that are near truck route roads. The City needs to conduct the appropriate
studies to identify these impacts and provide recommendations for mitigation measures. The City
will review mitigation measures that include, but are not limited to, sound walls and double pane
window retrofits along truck routes. In addition, proper road maintenance helps reduce vibrations
caused by heavy vehicles traveling on roads adjacent to sensitive uses. City will study on how to
improve road conditions adjacent to residential uses.
N. Trucks likely affect air quality, as their emissions are many times those of passenger
vehicles, and thus are also likely to have concomitant health effects. Diesel engines emit a complex
mixture of air pollutants, including both gaseous and solid material. The solid material in diesel
exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate
matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use
of gasoline and diesel fuels by motor vehicles, burning of natural gas to generate electricity, and
wood burning. DPM is most concentrated adjacent to freeways, truck routes, and roadways traveled
by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse
health effects of the air pollutants that have ambient air quality standards. These health effects
include cardiovascular and respiratory hospitalizations, and premature death.
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ORDINANCE 17-1618U
O. Health impacts can be reduced by employing strategies that improve air quality such
as tree plantings programs, building bike lanes and trails, and assisting residents with health related
issues. Other long term solutions can include adopting a clean trucks program. For example, zero
emission trucks similar to those in the Catenary Drayage Truck for Zero -Emissions Goods
Movement demonstration project, found here http:lhk N�.tlgrnd.�7���Idorsldcfault-
Source/ALerid aslGm erninLT Board/?4I4/2G i 4-1eb 7-005.Vdf?sl'x 1-,n=? and
11n1p:lhN �� %N.agInd. goN/docs)ilei'auIt-sourceltechnology-re5zarch/cleau -fuels-pry gntnV(.Iean-fuel�-
t�t't���rat�i-aci�ianuai-%,-?9-?015/sieriieris-catenarv-proiect-ttlidate--- ioc-
ini ullitti.pdf?sfN n n=7. The City may need to conduct the appropriate studies to determine whether
a clean thick program would improve air quality in Carson, and consider the regional impacts of
truck traffic and other contributors to pollution.
P. In some instances logistics facilities store and transport hazardous waste and/or
materials. Hazardous waste and materials facilities present potential dangers to their immediate
surroundings and to the community at large; as an example, hazardous gases could be released into
the atmosphere as a result of accidents, emissions that are above and beyond those caused by other
logistics facilities. Hazardous waste and materials facilities must be strictly regulated and limited in
numbers so as to minimize or eliminate the risk of a hazardous materials spill. The Fire Department
has identified 174 facilities in Carson that handle hazardous materials.
Q. Scientific studies have been conducted on the impacts of trucks on surface water
quality, specifically copper and zinc pollution issues. Further studies maybe required to assess these
impairments as they relate to truck traffic an the Dominguez Channel, the Los Angeles River, and
Machado Lake that impact the City. The City has adopted an Enhanced Watershed Management
Plan that calls out both regional projects and green street implementation to address the impairments,
which provides for a compliance schedule and at a cost to implement the program, including
potential fines for the. City for noncompliance.
R. Logistics facilities are an integral part of the City of Carson, and also provide benefits
to the City, such as jobs, development and impact fees, and tax revenue. Many developers and
owners of logistics facilities are invested in the success of the City of Carson and have been partners
with the City for decades, and are likely to want to contribute their fair share to ensure their
continued success in the City. The City Council therefore finds that it is of the utmost importance to
ensure that both impacts and benefits of these businesses are accurately measured and attributed to
the correct source.
S. Over the next few years, the City will also update its General Plan and zoning code to
update its goals and policies for the development of the City. While the City recognizes the value of
logistics facilities, the City must balance the interests of such businesses on the one hand, and the
well-being of the community, attraction of land uses that create high -paying jobs, and generating
revenues to pay for road maintenance, and ensure that logistics facilities mitigate their fair share of
fiscal impacts on the City budget. To assess the true financial impacts of logistics facilities on the
tD
City's budget, a fiscal impact report needs to be prepared.
T. The City needs time to evaluate the potential cumulative impacts of logistics
facilities, now, before any more of these businesses create further irreversible or costly negative
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ORDINANCE 17-1618U
impacts in the community. Furthermore, the City should adopt "good neighbor" standards that
reduce impacts of existing or future logistics facilities, on adjacent sensitive land uses.
U. Fifty percent of land use in City of Carson is devoted to industrial uses. Together with
a 0.5% vacancy rate and the strategic location of Carson to the ports of Los Angeles and Long
Beach, market forces will only intensify the logistics uses. See, e.g., Wall Street Journal, Prologis to
Build First Multistoiy Warehouse in the U.S., Erica E. Phillips, November 1, 2016 (found here:
https://www. wsj .colti/articles/prolocis-to-build-first-mul tistory-warehouse-In-the-u-s-147 8019977).
This intensification could take the form of a second story for logistics facilities, and would further
intensify truck traffic through the City.
V. The advancements in robotics has played a significant role in the quantity of jobs
generated by the sector. Logistics facilities, therefore, do not generate jobs the way they used to in
the past and may be less desirable for that reason. See, e.g., Cerasis, The Elploding Use of Roboties
in Logistics and Manufacturing, Adam Robinson, July 6, 2015 (found here:
http:/Icerasis.com/2015/07/06/robotics-In-logistics/). The City needs to accurately assess the current
benefits or impacts on the job market of logistics facilities.
W. The General Plan's Land Use Element contains the following policies:
1. LU -6.8 Manage truck -intensive uses.
2. LU -7.2 Locate truck intensive uses in areas where the location and circulation
pattern will provide minimal impacts on residential and commercial uses.
X. The General Plan's Transportation Element contains the following policies:
i. TI -1.2 Devise strategies to protect residential neighborhoods from trick
traffic.
2. TI -1.3 Ensure that the City's designated truck routes provide efficient access
to and from the I-405, 1-110 and Route -91 Freeways, as well as the Alameda Corridor.
3. TI -1.5 Require that all new construction or reconstruction of streets or
corridors that are designated as truck routes, accommodate projected truck volumes and weights.
Y. The General Plan's Noise Element contains the following policies:
I. N-2.1 Limit truck traffic to specific routes and designated hours of travel,
where necessary
2. N-2.2 Examine the feasibility of implementing sound attenuation measures
along the City's arterial streets, particularly along designated truck routes.
Z. it is anticipated that these policies will be included in the General Plan update, and
will likely be strengthened and broadened. The City therefore needs to conduct the appropriate
studies to ensure that current and future logistics facilities regulations are consistent with the relevant
General Plan policies and will also be consistent with the General Plan update.
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SECTION 4. MORATORIUM
A. Moratorium: During the effective period of this Ordinance, no application for permit
will be accepted, no consideration of any application for permit will be made, and no permit will be
issued by the City for the establishment, expansion, or modification of any logistics facilities within
the City (unless subject to an Exemption or Exception as provided below) until this Ordinance has
expired or has been repealed according to applicable Iaw. Further, all processing of existing
applications for permits for the establishment, expansion, or modification of logistics facilities shall
be suspended immediately.
B. Exemptions: the Ordinance shall not apply to the following:
1. The annual renewal of an existing business license, any permits necessary for
minor changes, remodeling, or alterations consisting of cosmetic upgrades, routine maintenance of
the buildings or sites, or repair, replacement or enhancement of damaged or outdated building
components or areas. or any permits necessary for repairs required due to an emergency or to protect
the public health, safety, and welfare shall not be considered issuance of a permit.
2. Tenant improvements for current tenants within an existing building, provided
the tenant improvements would not otherwise be considered an expansion or modification of the
facility.
3. Any logistics facility with a vested property right.
4. Any logistics facility with 5 or fewer truck loading doors. This exemption
does not apply to hazardous materials facilities, truck yards, or container storage facilities, or to a
facility that abuts a sensitive use.
5. Any new or renewed lease agreement, provided that the term does not exceed
7 years. This exemption does not apply to hazardous materials facilities, truck yards, or container
storage facilities, or to a facility that abuts a sensitive use.
6. Any new or renewed lease agreement for a logistics facility located within a
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Planned Industrial Area. This exemption does not apply to hazardous materials facilities, truck yards,
or container storage facilities.
7. Big box stores.
SECTION S. REVIEW ANIS STUDY
During the period of this Ordinance, the Director shall review and study the adverse impacts
of and the benefits provided by, logistics facilities in the City, so as to quantify the concerns
described in Section 3, above, and shall recommend proposed revisions to the City's laws, rules,
procedures, and fees related to these facilities, so as to enable the City to adequately and
appropriately balance the rights of existing property owners and future applicants who wish to
establish, expand, or modify logistics facilities, with the preservation of the health, safety and
welfare of the communities.
SECTION 5. EXCEPTIONS
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A. The City Council may, but is not required to, allow exceptions to the application of
this Ordinance if based on substantial evidence presented in writing to the City Council at a Council
meeting held as soon as possible, but in no event more than 90 days after the Director's receipt of
that evidence, the City Council determines any or a combination of the following:
1. The City's approval of an application for a permit to establish, expand, or
modify a logistics facility within the City's jurisdiction will not have a material negative impact
upon the public health, safety, and welfare.
2. Application of the Ordinance would impose an undue financial hardship on a
property or business owner.
3. Land controlled by the City or by any of its agencies and authorities including,
transactions approved by the Department of Finance.
4. The developer or tenant agrees to form or to participate in a Community
Financing District (CFD) to pay for ongoing City services, including but not limited to, road
maintenance, landscape maintenance, lighting, public safety, storm water management, etc., to the
satisfaction of the City Council
5. The developer or tenant enters into an agreement that guarantees the City the
same financial assurances offered by a CFD.
6. The fiscal impact analysis for the business shows that the business will not,
after taking into consideration all fiscal and employment benefits to the City and its residents, have
material adverse negative fiscal impacts on the City.
7. The logistics facility will not generate additional materially adverse truck
traffic impacts in excess of those generated by the use of the property as of the effective date of this
Ordinance.
The facility enters into a development impact fees agreement with the City.
9. The use is permitted or conditionally permitted in the zone;
10. The use is consistent with the purposes of this Ordinance and the General
Plan;
11. The use will not be in conflict with any contemplated general plan, specific
plan, or zoning code update that the City Council is considering or studying or intends to study;
12. The use is not and will not become a hazardous materials facility, a trick yard,
or a container storage facility;
13. The use will not abut a sensitive land use, or the impacts on an abutting
sensitive land use can be adequately mitigated with reasonable conditions;
14. The use will not constitute a threat to the public health, safety, and welfare.
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B. If the City Council determines to allow an exception pursuant to this section, then
such applications and/or permits may be filed and processed in accordance with the City's then
current regulations and authority, subject to the California Environmental Quality Act ("CEQA"),
CEQA Guidelines, and any other applicable laws, ordinances, and regulations.
SECTION 7. URGENCY MEASURE
It is hereby declared this Ordinance is necessary as an urgency measure for the preservation
of the public health, safety, and welfare. The City Council finds that the current zoning regulations
and land use plans relating to logistics businesses do not adequately protect the peace, health, safety
and general welfare of the residents of the City or in communities around the City. The City Council
finds the urgency measure is necessary in order to ensure adequate regulation of logistics businesses,
which regulations will serve to adequately and appropriately balance the rights of existing property
owners and future applicants who wish to propose new logistics businesses in the City, with the
preservation of the public health, safety, and welfare of the surrounding communities. The facts
constituting the urgency are:
A. Establishment, expansion, or modification of logistics businesses may create
immediate irreversible and costly adverse impacts in the community; to wit, road damage, noise,
vibration, and pollution. The City's limited budget does not cover the cost of mitigating such
impacts. The impacts are already dire for the City, and would worsen and become less manageable
with every new logistics facility that begins or expands its operation in the City of Carson. The City
cannot afford to continue to impose such impacts onto its budget and onto its citizens and cannot
allow these impacts to accumulate any further while the General Plan and zoning code are updated.
B. It is now essential to determine the development capacity of the zoning districts in the
City where such businesses are currently permitted, in light of the capabilities of those districts'
infrastructure and public services.
C. Through analysis of the impacts currently imposed by the current amount of truck
traffic generated by logistics facilities, traffic studies to determine ways in which to minimize truck
traffic impacts, analysis of appropriate measures to regulate hazardous materials within the City, and
measures that the City can take to mitigate or prevent impacts from logistics facilities altogether.
D. Absent the adoption of this Ordinance, the establishment, expansion, or modification
of logistics businesses could result in the negative and harmful secondary effects identified above.
E. As a result of the negative and Harmful secondary effects associated with the
establishment, expansion, or modification of logistics businesses, the current and immediate threat
these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that
would be created by such development, it is necessary to adopt a temporary, forty-five (45) day
moratorium on the establishment, expansion, or modification of logistics businesses in the City.
F. A moratorium is necessary in order to protect the City and its residents, businesses
and visitors from the potential health and safety impacts of logistics businesses, including air quality,
noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health,
safety, and welfare of the surrounding communities.
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ORDINANCE 17-1618U
G. A moratorium is immediately required to preserve the public health, safety, and
welfare and should be adopted immediately as an urgency ordinance, to make certain that permits for
logistics businesses are issued only under adequate regulations and consistent with the City's future
goals for development and expansion. Imposition of a moratorium will allow the City sufficient time
to conclude the preparation of comprehensive studies and plans for the regulation of such activities.
The absence of this Ordinance would allow the proliferation of such businesses and their undesirable
secondary impacts, and create a serious threat to the orderly and effective implementation of any
amendments to the General Plan and the Zoning Code, as well as the vision for the City going
forward, contemplated by the City Council.
SECTION 8. SEVERABILITY
The City Council hereby declares, if any provision, section, subsection, paragraph, sentence,
phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final
action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City
Council would have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force
and effect.
SECTION 9. CEQA COMPLIANCE
Pursuant to Section 15001 of the California Environmental Quality Act ("CEQA") Guidelines, this
interim urgency ordinance is exempt from CEQA based on the following:
(a) This ordinance is not a project within the meaning of CEQA Section 15378 because it has
no potential for resulting in physical change to the environment, either directly or indirectly.
(b) This ordinance is also exempt pursuant to CEQA Section 1506l(b)(3) since the proposed
ordinance involves an interim urgency ordinance establishing a 45 -day temporary moratorium on
new development in six planning study areas and does not have the potential to significantly impact
the environment.
SECTION 10. PUBLICATION
The City Clerk shall certify as to the passage and adoption of this Interim Urgency Ordinance
and shall cause the same to be published in a manner prescribed by law.
SECTION 11. EFFECTIVENESS OF ORDINANCE.
This Ordinance shall take effect immediately, pursuant to the authority conferred upon the
City Council by Government Code Section 36937. This Ordinance shall be of no further force and
effect 10 months and 15 days following the date of its adoption unless extended in accordance with
the provisions set forth in Government Code Section 65858. Not later than ten (1 Q) days prior to the
expiration of this interim urgency ordinance, the City Council shall issue a written report as required
by applicable state law.
PASSED, APPROVED and ADOPTED as an URGENCY ORDINANCE this 2nd day of
May, 2017.
01007M05l371641-1 Page 13 of 14
ORDINANCE 17-1618U
APPROVED AS TO FORM:
n . Soltani, City Attorney
City of Carson, California
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES
CITY OF CARSON ]
A�� V -
Bert Robles, Mayor
City of Carson, California
TTEST-
onesia L.Cause, MMC, City Clerk
�ity of Carson, California
1, DONES IA L. GAUSE, City Clerk, of the City of Carson, California, do hereby certify that
the foregoing Ordinance No. 17- 1618U was introduced, and adopted upon at a meeting of the City
Council of the City of Carson, held on the 2'd day of May 2017. Said Ordinance was duly passed,
approved, and adopted by the following vote:
AYES: COUNCIL MEMBERS: Robles, Davis -Holmes, 5antarina, Hicks, Hilton
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Dat this 2nd Ma 2017
esza L. Gause, MMC, City Clerk
City of Carson, California
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ORDINANCE 17-1618U