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Ten-Day Report Describing Measures Taken to Alleviate the Condition which Led to the <br />Adoption of Urgency Interim Ordinance No. NS-3063 (Transit Zoning Code Moratorium) <br />May 7, 2024 <br />Page 2 <br />4 <br />2 <br />4 <br />4 <br />for an initial extension period of ten (10) months and fifteen (15) days. Based on the <br />adoption date of April 16, 2024, the Ordinance is scheduled to expire on June 1, 2024. <br />As City staff begins to analyze and prepare an evaluation of industrial business uses <br />within the TZC, the evaluation will enable staff to generate recommendations to the <br />Planning Commission and City Council to determine whether further, permanent action <br />is necessary. Such action may entail a zoning map amendment, zoning text <br />amendment, or both, which would address industrial land uses in the TZC. <br />DISCUSSION <br />Background <br />On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063 to <br />immediately offer protection of public health, safety, and welfare from industrial uses <br />significantly causing pollution burden to adjacent neighborhoods through the following <br />conditions, including: code enforcement active cases; irreconcilable land use conflicts in <br />the TZC; alarming air quality, noise, traffic, proximity to noxious use facilities, and public <br />health concerns; and external regulatory agency responsiveness. During the urgency <br />interim moratorium period, the City will not issue permits that result in the approval, <br />commencement, establishment, modification, relocation, or expansion of industrial uses <br />in the TZC. <br />Measures Taken <br />Review of City Department Activities <br />Immediately following the adoption of the 45-day moratorium, staff conducted an <br />interagency meeting, which included representatives from multiple City departments. <br />These departments include the Planning Division, Building Safety Division, Code <br />Enforcement Division, Business License, and Information Technology. Moreover, <br />engagement with additional agencies such as the Police Department, Public Works <br />Agency, and the Community Development Agency’s Economic Development Division <br />has produced critical information illustrating the extent to which industrial activities are <br />intertwined with residential land uses in the TZC area, specifically and most <br />concentrated in the Logan and Lacy neighborhoods. <br />Data based on Business License and Economic Development records indicate that the <br />application of Urgency Interim Ordinance No. NS-3063 affects up to 130 industrial <br />businesses in the TZC. Of these, over one-dozen have active applications for permits, <br />the majority of which are to legalize unpermitted work on industrial properties and <br />address ongoing Code Enforcement Division notices of violation.