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Transit Zoning Code Urgency Interim Ordinance (Moratorium) <br />April 16, 2024 <br />Page 7 <br />4 <br />1 <br />8 <br />7 <br />greater, ranking in the 90th percentile or greater of census tracts in the State, and <br />identified as “disadvantaged communities” by the Office of Environmental Health <br />Hazard Assessment (OEHHA) in its CalEnviroScreen model. Failure to address ongoing <br />irreconcilable land use conflicts that are the target of this moratorium will further <br />exacerbate the ongoing demographic and environmental justice challenges that these <br />two neighborhoods within the TZC have grappled with since their founding. <br />General Plan Inconsistency with Present Land Uses <br />Numerous policies of the General Plan are inconsistent with the present, irreconcilable <br />land use pattern of the TZC. Specifically, these policies include Policy LU-1.1 <br />(Compatible Uses), Policy LU-3.8 (Sensitive Receptors), Policy LU-3.9 (Noxious, <br />Hazardous, Dangerous, and Polluting Uses), Policy LU-3.11 (Air Pollution Buffers), <br />Policy LU-4.3 (Sustainable Land Use Strategies), Policy LU-4.6 (Healthy Living <br />Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9 (Avoid Conflict of <br />Uses), and Policy CN-1.5 (Sensitive Receptor Decisions), which are targeted at <br />correcting past land use planning practices that have placed an unequitable <br />environmental and health burden on certain neighborhoods now termed disadvantaged <br />communities. <br />The purpose of the interim ordinance is to immediately offer protection of public health, <br />safety, and welfare from these irreconcilable land use conflicts in the TZC, during the <br />time that City staff analyzes and prepares an evaluation of industrial business uses <br />within the TZC. Such an evaluation will enable staff to generate recommendations to the <br />Planning Commission and City Council to determine whether industrial uses should be <br />permitted in the zoning district, and, if not, proceed with an ordinance and zoning map <br />amendment to the district. During the interim moratorium period, City staff will not issue <br />permits, business licenses, or other applicable entitlements to individuals wishing to use <br />their property for the purposes of industrial business use in the TZC. <br />ENVIRONMENTAL IMPACT <br />This ordinance is not subject to the California Environmental Quality Act (“CEQA”), as <br />the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines <br />Section 15060(c)(2) because the activity will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment and 15060(c)(3) because the <br />activity is not a project as defined in Section 15378 of the CEQA Guidelines, California <br />Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in <br />physical change to the environment, directly or indirectly and so is not a project, as the <br />ordinance will temporarily preclude the approval, commencement, establishment, <br />relocation, or expansion of uses in the zoning district. <br />FISCAL IMPACTS <br />There is no fiscal impact associated with this action.