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Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, <br />or Expansion of Industrial Uses in Specific Development No. 84 <br />May 21, 2024 <br />Page 5 <br />4 <br />2 <br />7 <br />9 <br />In addition, City staff continue to monitor Code Enforcement Division activities and <br />implementation of the City’s Noxious Uses Ordinance pertaining to these facilities. Code <br />Enforcement staff will broaden data reports that show enforcement activity beyond the <br />Lacy and Logan neighborhoods within the TZC, where at the time of adoption of the <br />Moratorium, 17 active open cases were issued Notice of Violations and administrative <br />citations for the following types of violations: illegal storage, land use, zoning, property <br />and landscape maintenance, unpermitted work, business license, and certificate of <br />occupancy. Such violations include issues of odors, dust, traffic, noise, vibrations, and <br />other documented impacts. The amount of active open industrial cases, in close <br />proximity to one another, during a short period of time is creating a public nuisance and <br />harming the public health, safety, and general welfare of the two residential <br />neighborhoods. <br />Since the adoption of the Moratorium, City staff have received multiple code <br />enforcement complaints from community members about industrial businesses in the <br />TZC area that were also reported previously before the adoption of the Moratorium. City <br />staff have received repeated code enforcement and air emission complaints about <br />facilities in the Logan neighborhood and are working with Code Enforcement Division <br />and SCAQMD staff to obtain responses, investigations, or reports provided by the Code <br />Enforcement Division and SCAQMD to the complaints reported. Recent code <br />enforcement complaints on properties in the Logan neighborhood involve complaints for <br />recurring unpermitted work and land use violations that involve large commercial <br />vehicles blocking street access and impacting nearby residents. <br />Code Enforcement Division follow-up has resulted in larger administrative citations, <br />continued enforcement, and onsite meetings with business owners. Moreover, air <br />emission complaints have been reported to SCAQMD. These complaints include one <br />involving black smoke and another regarding unpermitted soil vapor extraction <br />equipment onsite. Part of the jurisdictions that City staff are working with include <br />SCAQMD staff to obtain updates regarding the status of these complaints. SCAQMD <br />staff investigated one complaint that did not result in an enforcement action and is <br />investigating the other complaint. SCAQMD staff has clarified that for air quality <br />complaints they receive, their inspector is required to be physically present to observe <br />the activity from the facility described in the complaint to determine if the complaint <br />warrants further investigation or enforcement action in accordance with South Coast <br />AQMD Rules 401 (Visible Emissions), 402 (Public Nuisance), and 403 (Fugitive Dust). <br />Community members continue to share concerns with City and SCAQMD staff <br />regarding the turnaround time for an SCAQMD inspector to be physically present at an <br />SCAQMD-permitted facility to investigate an air quality complaint, especially if a <br />complaint is reported after working hours or on weekends.