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HomeMy Public PortalAbout18-1805U - Extending a Moratorium on the Establishment, Expansion, or Modififcation of Truck Yards, Logistics Facilities, Hazardous Materials or Waste Facilities, Container Storage, and Container Parking within the City of Carson for 12 MonthsORDINANCE NO. 18-1805 U AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF TRUCK YARDS, LOGISTICS FACILITIES, HAZARDOUS MATERIALS OR WASTE FACILITIES, CONTAINER STORAGE, AND CONTAINER PARKING WITHIN THE CITY OF CARSON FOR 12 MONTHS 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, pursuant to Government Code § 65858, on May 2, 2017, the City Council approved Ordinance No. 17-1618U 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 for 10 months and 15 days, 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 12 months after its original 45 day term and 10 months and 15 days extension 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 March 8, 2017, outlining what actions have been taken in furtherance of the goals of the moratorium; and U 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 ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 1 of 18 WHEREAS, based on the concerns raised and the recommendations provided by the Ad Hoc Moratorium Committee and the subcommittees, the progress to date on completing these recommendations the need for the moratorium remains; and WHEREAS, during the previous extension the following tasks as recommended by the Ad- hoc Committee have been completed: A. City developed interim development standards for logistics facilities B. City has hired a General Plan and Zoning Code consultant (DYETT & BHATIA) and initiated updating the General Plan. C. City has improved its processes to review development plans, building permits, and business licenses. D. City has applied and received grants to plant new trees. E. City has engaged in discussions and has been pursuing grants to find new funding sources for maintenance of roads. F. City has hired Kosmont Companies to assist the City to establish an EIFDfor the City to fund future infrastructure. G. City has hired consultant (RKA and Kelly Associates) to assist the City to establish Development Impact Fees and Community Facilities Districts to pay for infrastructure and infrastructure maintenance. H. City has released and RFP to hire a consultant to establish Citywide Community Facilities Districts to pay for infrastructure maintenance. I. City approved approximately fifty Exemptions and Exceptions to allow continued development of logistics facilities. WHEREAS, this Interim Urgency Ordinance was considered by the City Council at a duly noticed public hearing on March 20, 2018, at a regular meeting of the City Council. 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 full force ORDINANCE NO. 18-1805U 01007.0005/371641 1 Page 2 of 18 and effect immediately upon its adoption by a four-fifths (4/5) 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 logistics 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. 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). "Expansion" means: ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 3 of 18 1. 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 40 of the Code of Federal Regulations; 5. Anyfacilitythat 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 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. ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 4 of 18 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 50% 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. O. "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 4.6.1. 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 land 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 forthe 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. U. "Truck" means all Federal Highway Administration (FHWA) vehicle classes including Class 5 or higher with the exception of dually trucks and Recreational Vehicles. ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 5 of 18 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. "Truck 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 orderto allowthe Citytime 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. Truck 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 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining 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 truck traffic (e.g., drayage, intermodal, long haul) on the types of roads in the City of Carson. ORDINANCE NO. 18-1805U 01007.0005/371641,1 Page 6 of 18 E. Road maintenance impacts from truck trips from commercial and industrial uses in Carson account for majority of 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 truck trips 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 18- 19 is projected to be $3.7 million. This deficit will grow by about $1 million per year overthe next 4 years due to changes at CalPERS and other factors. A preliminary estimate of the FY 22-23 structural deficit is $10.1 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 causingthe 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 Arterial 1 61 Secondary Arterial 150 Collector 1 62 Residential 1 75 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 22/23 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 ORDINANCE NO. 18-1805U 01007.0005/371641 1 Page 7 of 18 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 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 Road Maintenance and Rehabilitation Account includes $1,555,555 per year which is 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 minimizingtruck 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 manytimes 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, ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 8 of 18 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. 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://www.agmd.gov/docs/default- source/Agendas/Governing-Board/2014/2014-feb7-005.pdf?sfvrsn=2 and http•//www agmd gov/docs/default-source/technology-research/clean-fuels-program/clean-fuels- program-advisory-group---*anuary-29-2015/siemens-catenary-prosect-update---loe- impullitti.pdf?sfvrsn=7. The City may need to conduct the appropriate studies to determine whether a clean truck 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 170 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 may be required to assess these impairments as they relate to truck traffic on 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. The City is in the process of updating 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 ORDINANCE NO. 18-1805U 01007.0005/371641 1 Page 9 of 18 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 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 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. One example is the CAL PAK development which abuts residential areas but provided appropriate site design, setbacks, separation from noise the residential areas, and reduced number of dock doors. U. Fifty percent of land use in City of Carson is devoted to industrial uses. Together with a vacancy rate of under 1% 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 Multistory Warehouse in the U.S., Erica E. Phillips, November 1, 2016 (found here: https://www.wsj.com/articles/prologis-to-build-first-multistory-warehouse-in-the-u-s- 1478019977). 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 bythe sector. Logistics facilities, therefore, do not generatejobsthe waythey used to in the past and may be less desirable for that reason. See, e.g., Cerasis, The Exploding Use of Robotics in Logistics and Manufacturing, Adam Robinson, July 6, 2015 (found here: http://cerasis.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: 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: TI -1.2 Devise strategies to protect residential neighborhoods from truck traffic. 2. TI -1.3 Ensure that the City's designated truck routes provide efficient access to and from the 1-405, 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: ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 10 of 18 1. 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. AA. An extension of the moratorium is necessary to allow the City additional time to implement the recommendations from the Ad -Hoc Committee and progress on the update of the General Plan and zoning code. 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 law. 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 necessaryfor 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 orfewer truck loading doors. This exemption does not apply to hazardous materials facilities, truck yards, or container storage facilities, orto 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. ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 11 of 18 6. Any new or renewed lease agreement for a logistics facility located within a Planned Industrial Area. This exemption does not apply to hazardous materials facilities, truck yards, or container storage facilities. 7. Big box stores. SECTION 5. REVIEW AND 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. The followingtasks need to be completed duringthe extension period: A. "Quick Fixes" to the zoning code. Instead of zoning code update, applied standards to adequately buffer residential uses from new projects. However, additional time is needed to adopt standards through update of the General Plan and Zoning Code. B. General Plan and Zoning Code update. The General Plan update is underway and usually is not completed in one year. Therefore, additional time is needed to complete this process and start the zoning code update. C. Improvements to City processes and inter departmental coordination. City staff is continually improving City processes and inter departmental coordination. However, additional time is needed to update the processes, for staff training, and implementation of the Citywide software to allow departments to communicate and complete tasks more efficiently. D. Consider planting trees on streets and between industrial and residential areas to improve air quality and aesthetics. This has been implemented for projects that have received approval. City has applied for grant and has received approval; however, additional time is needed to adopt new standards, plant the trees, and apply for more grants. E. Consider keeping roads well maintained as it is the best way to reduce vibrations. City continues its best efforts to keep City's streets maintained. Even though new funding sources have been explored, no new sources have been identified that ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 12 of 18 would provide the funding the City needs. Therefore, City needs additional time to secure funding sources for this purpose. F. Adopt new policies regarding fines and penalties for code violations. This task has not been completed. Additional time is needed. G. Examining truck routes for possible changes and reviewing truck routes for potential impacts to residential areas such as noise. Truck routes will be examined through the update of the General Plan. Additional time is needed. H. Gain a better understanding of land use economics and the City's budget. Staff has been meeting with several property owners or potential developers. Through these meetings staff has gained a better understanding of the relationship between development and City budget. However, this is a very complex issue and staff needs time to obtain proper training to complete this task. I. Work with the L.A. County Sheriff on commercial truck enforcement options and funding for enforcement training. Staff has met with the Sherriff to understand the demand for this task. Additional time is needed to secure funding and training. J. Set-up a compliant hotline for violations. This task has not been completed. Additional time is needed to complete this task. K. Keep the lines of communication open between the industry, City, and Sheriff. This task is ongoing. L. Develop abetter understanding of available financing tools such as DIF, CFD, PBID, and BID to address issues identified by the Committee. Staff has initiated the ground work to move forward with adoption of DIF, CFD, and EIFD to create more funding opportunities for the City to provide necessary infrastructure and services for existing and future needs of the City. However, additional time is necessary to complete these tasks and adopt the DIF, establish EIFD, and establish the Citywide CFD. M. Engage professionals as deemed necessary to accomplish the above. This is an ongoing task to accomplish the tasks that remain. ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 13 of 18 SECTION 6. EXCEPTIONS 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 writingto 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 bythe 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. Plan; 8. 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 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 truck yard, or a container storage facility; ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 14 of 18 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. 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 ("CECIA"), CEQA Guidelines, and any other applicable laws, ordinances, and regulations. SECTION 7. URGENCY MEASURE It is hereby declared this Ordinance is necessaryas an urgency measure forthe 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. ORDINANCE NO. 18-1805U 01007.0005/371641 1 Page 15 of 18 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 the moratorium for 12 months on the establishment, expansion, or modification of logistics businesses in the City. F. An extension of the 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. G. An extension of the 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 allowthe 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. H. An extension of the moratorium is necessary to allow the City additional time to implement the recommendations from the Ad -Hoc Committee and progress on the update of the General Plan and zoning code. 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 15061(b)(3) since the proposed ordinance involves an interim urgency ordinance extending a temporary moratorium on new development in six planning study areas and does not have the potential to significantly impact the environment for 12 months. ORDINANCE NO. 18-1805U 01007,00051371641.1 Page 16 of 18 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, pursuanttothe authority conferred upon the City Council by Government Code Section 36937. This Ordinance shall be of no further force and effect 12 months following the date of its adoption. PASSED, APPROVED and ADOPTED as an URGENCY ORDINANCE this 20th day of March, 2018. APPROVED AS TO FORM: CITY OF CARSON: "taniCi Aert Robles, Mayor ATTEST: Donesia Gause-Aldana, MMC, City Clerk r ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 17 of 18 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoing ordinance, being Ordinance 18-1805U, adopted by the Carson City Council at its meeting held on the 20th day of March, 2018, by the following roll call vote: AYES: NOES: ABSTAIN: COUNCIL MEMBERS: ROBLES, HILTON, SANTARINA, HICKS, DAVIS—HOLMES COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Donesia Gause-Aldana, MMC, City Clerk ORDINANCE NO. 18-1805U 01007.0005/371641.1 Page 18 of 18