Item 26 - Final Extension of Moratorium for Industrial Uses in Specific Development No. 84

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Final Extension of Moratorium on the Approval, Commencement, Establishment, Relocation, or Expansion of Industrial Uses in Specific Development No. 84 (Transit Zoning Code) April 15, 2025 Page 7 4 9 7 1 following meetings: the October 22, 2024 City Informational Meeting, the Planning Commission February 10, 2025 Study Session and February 24, 2025 Public Hearing notice, and the City Council April 1, 2025 Public Hearing Notice. City staff from the Neighborhood Initiatives and Environmental Services (NIES) section of the Planning Division continue to coordinate with City departments, external regulatory agencies, and staff from other federal and state agencies to identify additional resources available to enhance deeper awareness of pollution exposure in disadvantaged communities, long-term health effects, and immediate solutions. The NIES team has held meetings and discussions with staff from the Centers for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry and CalEPA Environmental Justice Team to identify opportunities for linking environmental justice (EJ) resources and support to the Logan and Lacy neighborhoods. Next Steps On April 1, 2025, 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. The City requires an extension of the moratorium, which is scheduled to expire on April 15, 2025, to facilitate the uninterrupted development of permanent regulations addressing industrial business uses within the TZC. This proposed ordinance, pursuant to California Government Code Section 65858(a), would authorize a final extension of the moratorium for a period of up to one year (12 months), effective upon a four-fifths (4/5) vote of the City Council. Specifically, if adopted, the final extension shall commence on April 16, 2025 and end on April 16, 2026. The final extension will be automatically repealed upon the effective date of a permanent ordinance addressing the land use conflicts in the Transit Zoning Code (SD- 84), if the Council adopts such an ordinance before April 16, 2026. Without approval of this extension, the existing moratorium would lapse, potentially leading to development proposals and approvals that are inconsistent with the City's long-term planning objectives for the area, as promulgated by the Transit Zoning Code and the General Plan. This urgency justifies the need for immediate City Council action to adopt the proposed ordinance that would extend the moratorium. ENVIRONMENTAL IMPACT The extension of the moratorium is not subject to the California Environmental Quality Act (“CEQA”), as the proposed action is not subject to the requirements of CEQA, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3)