Item 10 - Ten-Day Written Report Following the Adoption of Urgency Ordinance NS-3064

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Ten-Day Report Describing Measures Taken to Alleviate the Conditions which Led to the Adoption of Urgency Ordinance No. NS-3064 (Transit Zoning Code Moratorium Extension) April 1, 2025 Page 2 4 9 1 2 Urgency Ordinance No. NS-3064 shall have no further force and effect ten (10) months and fifteen (15) days from the date of its adoption, unless, after a report during the TZC moratorium extension period and a public hearing, the City Council members, again by four/fifths (4/5) vote, extend the Ordinance for up to an additional twelve (12) months beyond the additional ten (10) months and fifteen (15) days of the initial Ordinance extension. Based on the adoption date of May 21, 2024, the Ordinance is scheduled to expire on April 15, 2025. City staff continues to analyze and develop permanent regulations to address industrial business uses within the TZC. Staff continues to research, obtain community feedback, and work with planning and legal environmental consultants to prepare recommendations for the City Council’s consideration, following the Planning Commission’s recommendation to do so on March 6, 2025. Such actions may entail a zoning map amendment, zoning text amendment, or both, which would address industrial land uses in the TZC. DISCUSSION Background On April 16, 2024, the City Council adopted Urgency Interim Ordinance No. NS-3063, establishing a 45-day moratorium on the approval, commencement, establishment, relocation, or expansion of industrial uses within the TZC. The purpose of the moratorium was to immediately offer protection of public health, safety, and welfare from industrial uses significantly causing pollution burden to adjacent residential neighborhoods within the TZC. On May 7, 2024, the City Council issued a report to the public, pursuant to Section 65858(d) of the California Government Code, describing the City’s measures to alleviate conditions that led to the adoption of the moratorium. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the Government Code as necessary to provide sufficient time for staff to continue with data tracking and reporting, research appropriate regulations, and coordinate with outside regulatory agencies and City departments to determine whether further, permanent action was necessary and to generate recommendations to the Planning Commission and City Council. During the moratorium period, the City has not issued permits that have resulted in the approval, commencement, establishment, modification, relocation, or expansion of industrial uses in the TZC. Staff held a work-study session at the Planning Commission on February 10, 2025, which was open to the public. During the work-study session, Planning Commission members