|
Final Extension of Moratorium on the Approval, Commencement, Establishment,
<br />Relocation, or Expansion of Industrial Uses in Specific Development No. 84 (Transit
<br />Zoning Code)
<br />April 15, 2025
<br />Page 2
<br />4
<br />9
<br />7
<br />1
<br />GOVERNMENT CODE §84308 APPLIES: No
<br />EXECUTIVE SUMMARY
<br />On May 21, 2024, the City Council adopted Urgency Ordinance No. NS-3064, which
<br />established a ten (10) months and fifteen (15) days extension period of a moratorium on
<br />the approval, commencement, establishment, modification, relocation, or expansion of
<br />industrial uses in Specific Development No. 84 (SD-84), also known as the Transit
<br />Zoning Code (commonly referred to as the Transit Zoning Code or TZC) while City staff
<br />researches appropriate permanent regulations and determines whether an additional
<br />extension, pursuant to California Government Code Section 65858(a), is necessary.
<br />Ordinance No. NS-3064 shall have no further force and effect ten (10) months and
<br />fifteen (15) days from the date of its adoption, unless, after a report during the TZC
<br />moratorium extension period and a public hearing, the City Council members, again by
<br />four/fifths (4/5) vote, extend the Ordinance for up to an additional twelve (12) months
<br />beyond the additional ten (10) months and fifteen (15) days of the initial Ordinance
<br />extension. Based on the adoption date of May 21, 2024, the Ordinance is scheduled to
<br />expire on April 15, 2025.
<br />On April 1, 2025, the City Council issued a report to the public, pursuant to Section
<br />65858(d) of the California Government Code, describing the City’s measures to alleviate
<br />conditions that led to the adoption of the moratorium. Subsequently, the City Council
<br />also voted 4:0:0 to continue Public Hearing Item No. 22 on that same meeting agenda,
<br />regarding proposed amendments to the TZC, to the May 6, 2025, meeting, with
<br />recusals from City Council members Phan, Lopez, and Penaloza (due to advisement of
<br />a potential conflict of interest that may be related to real property or financial interests).
<br />The City Attorney has requested clarification from the Fair Political Practices
<br />Commission (FPPC) regarding Councilmembers' eligibility to participate and vote on the
<br />proposed amendment to the TZC at the May 6, 2025, City Council meeting. A response
<br />from the FPPC is anticipated before that date.
<br />The City requires an extension of the moratorium, which is scheduled to expire on April
<br />15, 2025, to facilitate the uninterrupted development of permanent regulations
<br />addressing industrial business uses within the TZC. This proposed ordinance, pursuant
<br />to California Government Code Section 65858(a), would authorize a final extension of
<br />the moratorium for a period of up to one year (12 months), effective upon a four-fifths
<br />(4/5) vote of the City Council. Specifically, if adopted, the final extension shall
<br />commence on April 16, 2025, and end on April 16, 2026, unless automatically repealed
<br />upon the adoption and effectiveness of a City-Council adopted permanent ordinance to
<br />address the land use conflicts presented by industrial uses in the TZC.
|