7.B.
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Logistics Use Class Tier B-P M-1 M-2
Truck and Trailer
Parking/Storage Yard
Any X C C
Small-Bay Flex Industrial (no
unit > 35,000 sq. ft.)
1 P P P
Small-Bay Flex Industrial (no
unit > 35,000 sq. ft.)
2 A A A
Manufacturing with Accessory
Warehousing (Sec. 90-1057(d))
— Per Sec. 90-1043 Per Sec. 90-1043 Per Sec. 90-1043
(b) Tier and classification. The applicable row of Table 90-1060-1 is determined by the Logistics Use Class under Sec. 90-1057 and the Tier under Sec. 90-1059. (c) Tier 3 siting criteria in the B-P zone. A Tier 3 Project in the B-P zone may be approved only if the site satisfies all of the following:
(1) The site contains not less than 40 contiguous acres; (2) The site has frontage on, and each truck driveway takes direct access from, a Designated Truck Route;
(3) No Sensitive Receptor is located within 900 feet of any Loading Bay, measured as provided in Sec. 90-1069(b); and
(4) No Heavy-Duty Truck access to or from the site uses a Local Residential Street. (d) Uses not listed. A use that the Director cannot classify under Sec. 90-1057 is subject to article XLII of this chapter.
Sec. 90-1061. Approval authority by tier.
(a) Tier 1. A Tier 1 Project requires Ministerial Logistics Site Development Review by the Director under Sec. 90-1062.
(b) Tier 2. A Tier 2 Project requires Logistics Site Development Review under Sec. 90-1063.
The Director is the decision-maker, except that the Planning Commission is the decisionmaker if any of the following applies:
(1) The Project is in the B-P zone and its Gross Floor Area exceeds 100,000 square feet;
7.B.
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(2) The Project contains a Parcel Hub/Last-Mile Delivery Station or a Cold Storage Facility;
(3) The Project is subject to Sec. 90-1059(d);
(4) The applicant requests an Incentive that is not listed in Sec. 90-1090(a) through (f), or requests Incentives in excess of those earned under Sec. 90-1090(i); (5) The applicant requests a deviation from a numeric standard that exceeds the limits of subsection (d) of this section; or
(6) The applicant does not elect Director review under Sec. 90-1063(c), or Table 90- 1060-1 designates the Planning Commission as the decision-maker.
Except as modified by this division, the site development review procedures of Sec. 90-48 and the pre-application review procedures of Sec. 90-49 apply to Logistics Site Development Review.
(c) Tier 3. A Tier 3 Project requires a Logistics Conditional Use Permit and a Development Agreement under Sec. 90-1064. The City Council is the decision-maker, following a public hearing and recommendation by the Planning Commission. (d) Administrative Adjustments. For a Tier 2 or Tier 3 Project, the decision-maker may approve a deviation of not more than ten percent from a numeric standard of Subdivision III of this division, upon finding that (1) the deviation is required by a physical characteristic of the site, such as its shape, topography, or an easement, and (2) the deviation will not decrease the distance between any Loading Bay, truck drive aisle, or Truck Court and any Sensitive Receptor. No Administrative Adjustment may be approved for a Tier 1 Project, and no Administrative Adjustment may be approved from any of the following: a requirement of Government Code section 65098 et seq.; Sec. 90- 1059; Sec. 90-1060(c); Sec. 90-1069; Sec. 90-1070; Sec. 90-1077; Sec. 90-1079; or Sec. 90-1080.
(e) Appeals.
(1) A decision on a Ministerial Logistics Site Development Review may be appealed to the Planning Commission in the manner provided in Sec. 90-43.6. The appeal shall be limited to whether the Director correctly applied the Objective Standards of this division.
(2) A decision of the Director on a Logistics Site Development Review may be appealed to the Planning Commission, and a decision of the Planning Commission on a Logistics Site Development Review, whether original or on appeal, may be appealed to the City Council, in the manner provided in Sec. 90-
43.6. (3) The decision of the City Council on a Tier 3 Project is final. [Table 90-1061-1 Follows]
7.B.
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Table 90-1061-1. Approval Authority by Tier
Tier 1 Tier 2 Tier 3 (≥ 250,000 sq. ft.)
Permit Ministerial Logistics Site
Development Review
(Sec. 90-1062)
Logistics Site Development
Review (Sec. 90-1063)
Logistics Conditional Use
Permit and Development
Agreement (Sec. 90-1064)
Decision-maker Director Director; Planning
Commission if Sec. 90-
1061(b)(1)–(6) applies
City Council on Planning
Commission
recommendation
Hearing None Mailed notice and comment
period; Planning Commission
hearing if referred
Planning Commission and
City Council public hearings
Standard of review Objective Standards only Objective Standards and Baseline Mitigation; 10
Community Benefit Points
for Director review (Sec. 90-
1063(c))
Objective Standards,
Baseline Mitigation, findings
of Sec. 90-1067(c), and
Development Agreement
Truck access Designated Truck Route
connection if more than 5
Loading Bays (Sec. 90-
1079)
Required (Sec. 90-1079);
Truck Routing Plan
Required (Sec. 90-1079);
Truck Routing Plan; route
capacity and pavement
analysis
CEQA Ministerial; exempt (Sec.
90-1062(d))
Tiering from program-level
review where available (Sec.
90-1063(d))
Project-level review,
including Health Risk
Assessment
7.B.
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Tier 1 Tier 2 Tier 3 (≥ 250,000 sq. ft.)
Target timeline 60 days after application
complete
120 days after application
complete
Permit Streamlining Act;
Development Agreement
processing schedule
Appeal Planning Commission
(Objective Standards only)
Planning Commission or City
Council
None; City Council decision
final
Sec. 90-1062. Tier 1 Streamlined Ministerial Review.
(a) Eligibility checklist. The Director shall publish a checklist that lists each criterion of Sec. 90-1059(a) and each Objective Standard of this division applicable to a Tier 1 Project.
The Director shall approve a Tier 1 Project that complies with each criterion and Objective Standard on the checklist and with applicable state law, and shall deny a Tier 1 Project that does not.
(b) Timelines. The Director shall determine whether an application is complete within 30 days after it is submitted, and shall approve or deny a complete application within 60 days after it is determined or deemed complete. No public hearing is required. (c) By-right Incentives. A Tier 1 Project is entitled to each of the following Incentives: (1) a 50 percent reduction in the City application fee for Ministerial Logistics Site Development Review; (2) placement of building plans in the priority plan check queue maintained by the City’s building official; and (3) deferral of payment of City development impact fees, other than fees collected by the City on behalf of another agency, until the earlier of final inspection or issuance of a certificate of occupancy, subject to a fee deferral agreement approved by the City Manager and in a form approved by the City Attorney.
(d) Environmental review. Ministerial Logistics Site Development Review is a ministerial approval, and a Tier 1 Project approved under this section is exempt from the California Environmental Quality Act under Public Resources Code section 21080(b)(1) and section 15268 of the State CEQA Guidelines.
7.B.
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(e) Verification of local focus. Before issuance of a building permit, the owner of a Tier 1 Project qualifying under Sec. 90-1059(a)(4)(A) shall record a covenant, in a form approved by the City Attorney, requiring occupancy by an Owner-User or Local Business; and the owner of a Tier 1 Project qualifying under Sec. 90-1059(a)(4)(B) shall record a covenant limiting unit size as required by that subsection. The owner shall certify continued compliance annually under Sec. 90-1093(b). Loss of eligibility is governed by Sec. 90-1094(c).
(f) Conditions. The Director shall impose on a Tier 1 Project only conditions that implement Objective Standards of this division, other Objective Standards of this Code, and requirements of state law.
Sec. 90-1063. Tier 2 Logistics Site Development Review. (a) Scope of review. Logistics Site Development Review determines whether a Tier 2 Project complies with the standards of Subdivisions III and IV of this division and incorporates Baseline Mitigation.
(b) Notice and comment. Not less than ten days before a decision by the Director, the City shall mail notice of the application to the owners of record and the occupants of each dwelling unit, including each mobilehome space, within 1,000 feet of the Project boundary. The notice shall describe the Project and invite written comments for a period of ten days after the notice is mailed. If the Planning Commission is the decision-maker, notice shall be given as required for a public hearing under Government Code section 65091, and shall in addition be mailed to the occupants described in this subsection. (c) Community Benefit Points; Director review. An applicant may elect to have a Tier 2 Project reviewed and decided by the Director by offering Voluntary Commitments that earn a total of not less than 10 Community Benefit Points under Table 90-1090-1. A Tier 2 Project for which the applicant does not make that election shall be decided by the Planning Commission under the same standards. The failure or refusal of an applicant to offer any Voluntary Commitment shall not be a ground for denial of a Tier 2 Project. (d) Environmental review. Environmental review of a Tier 2 Project shall be conducted, to the extent permitted by law, in reliance on the programmatic Environmental Impact Report for the General Plan or such other environmental document, including under Public Resources Code section 21083.3 and section 15183 of the State CEQA Guidelines. (e) Term. A Logistics Site Development Review approval expires 24 months after its effective date unless a building permit has been issued and construction has commenced.
Upon written request filed before expiration, the Director shall grant one extension of 12 months if the Project continues to comply with the standards of this division and state law in effect on the date of the request.
Sec. 90-1064. Tier 3 Logistics Conditional Use Permit and Development Agreement. (a) Concurrent processing. The Logistics Conditional Use Permit, the Development Agreement, any General Plan amendment or change of zone, any tentative map, and the environmental document for a Tier 3 Project shall be processed concurrently.
7.B.
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(b) Decision. The Planning Commission shall hold a public hearing and make a written recommendation to the City Council. The City Council shall hold a public hearing and approve, conditionally approve, or deny the Logistics Conditional Use Permit by resolution and the Development Agreement by ordinance.
(c) Minimum contents. A Tier 3 approval shall include (1) conditions implementing the standards of Subdivisions III and IV of this division; (2) Baseline Mitigation; (3) a Development Agreement containing the terms required by Sec. 90-1091; and (4) a Fiscal Impact Analysis.
(d) Development Agreement. The Development Agreement shall be processed and administered in accordance with Government Code sections 65864 through 65869.5, any applicable City requirement, and annual review under Government Code section 65865.1. (e) Conditional use permit procedures. Except as modified by this division, the procedures of Sec. 90-42 apply to a Logistics Conditional Use Permit, except that the City Council is the decision-maker.
Sec. 90-1065. Application requirements and technical studies. (a) All Tiers. Each application for a Logistics Use shall include:
(1) A dimensioned site plan;
(2) A truck circulation plan showing turning templates for a WB-67 design vehicle at each truck driveway and within each Truck Court;
(3) A dock and queuing plan showing each Loading Bay, trailer parking space, and truck stacking area;
(4) A Sensitive Receptor map showing, at distances of 900 feet and 1,000 feet from each Loading Bay, every Sensitive Receptor, expressly identifying each residence, Mobilehome Park, Senior Housing development, school, daycare facility, park, hospital, and nursing or long-term care facility; (5) A photometric plan;
(6) A buffer and landscape plan;
(7) A completed checklist, on a form published by the Director, demonstrating compliance with each applicable requirement of Government Code section 65098 et seq.;
(8) A map showing the route from each truck driveway to the nearest Designated Truck Route;
(9) For a site within the Airport Influence Area, the documentation required by Sec. 90-1077; and
(10) The information required by Sec. 90-1057(a).
(b) Tier 2. Each application for a Tier 2 Project shall also include: (1) a trip generation and fleet mix analysis, which for a Speculative Building shall assume the Logistics Use Class
7.B.
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determined under Sec. 90-1057(b); (2) a noise study prepared by a qualified acoustical consultant; (3) an air quality screening analysis; (4) a preliminary Truck Routing Plan; and (5) for a Project any Loading Bay or truck drive aisle of which is within 1,000 feet of a Sensitive Receptor, the screening Health Risk Assessment required by Sec. 90-1082(a). (c) Tier 3. Each application for a Tier 3 Project shall also include: (1) a Health Risk Assessment; (2) a traffic study, including an analysis of the capacity and pavement structural section of each Designated Truck Route segment to be used by the Project; (3) a Fiscal Impact Analysis; (4) a projection of the number of FTE positions and the wage ranges of those positions; (5) a construction management plan; and (6) the community engagement report required by Sec. 90-1066(b).
(d) Peer review. The City may retain qualified consultants to peer review any technical study submitted under this section. The applicant shall pay the full cost of peer review.
Sec. 90-1066. Community engagement.
(a) Neighborhood meeting. For each Tier 3 Project, and for each Tier 2 Project for which the Planning Commission is the decision-maker, the applicant shall hold a neighborhood meeting within 60 days after filing the application. The applicant shall mail notice of the meeting not less than ten days before the meeting to the owners of record and occupants of each dwelling unit, including each mobilehome space, within 1,000 feet of the Project boundary, and to each school and licensed daycare facility within one-quarter mile of the Project boundary.
(b) Report. The applicant shall file with the City, before the application is scheduled for hearing, a report containing the notice, the mailing list, a summary of the comments received at the meeting, and the applicant’s written response to each comment. (c) Community liaison. Before issuance of a certificate of occupancy for a Tier 2 or Tier 3 Project, the Operator shall designate a community liaison as required by Sec. 90-1082(c).
Sec. 90-1067. Findings.
(a) Tier 1. A Tier 1 Project shall be approved if it complies with each Objective Standard applicable to it. No other finding is required.
(b) Tier 2. A Tier 2 Project may be approved only if the decision-maker finds that:
(1) The Project complies with each Objective Standard of this division and of state law applicable to it;
(2) Baseline Mitigation has been incorporated into the Project or imposed as conditions of approval;
(3) If the Director is the decision-maker, the Voluntary Commitments offered earn not less than the Community Benefit Points required by Sec. 90-1063(c); and (4) The approval complies with the California Environmental Quality Act. (c) Tier 3. A Tier 3 Project may be approved only if the City Council makes the findings in subsection (b)(1), (2), and (4) of this section, and further finds that:
7.B.
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(5) The Project is consistent with the Hemet General Plan and any applicable specific plan;
(6) The Project is compatible with existing and planned uses in the surrounding area; (7) The Health Risk Assessment demonstrates that the Project’s cancer risk, chronic hazard index, and acute hazard index at each Sensitive Receptor are below the significance thresholds of the South Coast Air Quality Management District, or will be reduced below those thresholds by enforceable conditions of approval; (8) The Fiscal Impact Analysis demonstrates a net positive fiscal effect on the City, or any net negative fiscal effect is fully offset by the Municipal Services Payment and other terms of the Development Agreement;
(9) The Development Agreement has been approved concurrently; and (10) All Heavy-Duty Truck access to and from the Project will be exclusively via Designated Truck Routes.
SUBDIVISION III. OBJECTIVE DEVELOPMENT STANDARDS
Sec. 90-1068. Site development standards by zone.
(a) Standards. Each Logistics Use shall comply with the standards in Table 90-1068-1.
Where Table 90-1068-1 refers to Sec. 90-1045, the standard in Sec. 90-1045 in effect on the date the application is determined or deemed complete applies. Any standard of Sec. 90-1045 or Sec. 90-1046 not addressed in Table 90-1068-1 continues to apply. [Table 90-1068-1 Follows]
7.B.
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Table 90-1068-1. Development Standards for Logistics Uses Standard B-P M-1 M-2
Minimum lot size Sec. 90-1045 Sec. 90-1045 Sec. 90-1045 Maximum floor area ratio: base /
with Incentive (Sec. 90-1090(a))
0.60 / 0.70 Sec. 90-1045 / +0.10 Sec. 90-1045 / +0.10
Maximum building height: base /
with Incentive (Sec. 90-1090(b)),
subject to Sec. 90-1077
Sec. 90-1045 / no
Incentive
Sec. 90-1045 / +10 feet Sec. 90-1045 / +15 feet
Minimum site area for a Tier 3
Project
40 acres (see also Sec.
90-1060(c))
10 acres 10 acres
Minimum building setback from a
Residential Zone or Mobilehome
Park
100 feet 150 feet 200 feet
Loading Bays on an elevation
facing a Residential Zone or
Mobilehome Park within 1,000 feet
Prohibited (Sec. 90-
1069(d)(1))
Prohibited (Sec. 90-
1069(d)(1))
State standards (Sec.
90-1069(a))
Minimum truck stacking depth at
each truck gate
150 feet or 3 trucks
(Sec. 90-1071(b))
150 feet or 3 trucks 150 feet or 3 trucks
Minimum local landscape buffer at
the boundary of a Residential Zone
or Mobilehome Park
50 feet (Sec. 90-
1070(b))
50 feet 50 feet
Truck access Designated Truck
Route connection (Sec.
90-1079)
Same Same
7.B.
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(b) Measurement. Floor area ratio is the total Gross Floor Area of all buildings on the site divided by the net area of the site. Building height is measured as provided in Sec. 90-4.
A building setback from a Residential Zone or Mobilehome Park is measured horizontally from the nearest boundary of the Residential Zone or Mobilehome Park to the nearest exterior wall of the building.
(c) Incentive values. A floor area ratio or height greater than the base value in Table 90- 1068-1 is permitted only as an Incentive under Sec. 90-1090.
Sec. 90-1069. Sensitive receptor proximity standards (state overlay). (a) State standards incorporated. Each Logistics Use Development to which Government Code section 65098.1 applies shall comply with the subdivision of that section that applies to it based on its size, zoning, rezoning status, and location in relation to Sensitive Receptors and the Warehouse Concentration Region, including, as applicable: the design elements of a 21st Century Warehouse or a Tier 1 21st Century Warehouse; the orientation of truck loading bays; the minimum distance between truck loading bays and Sensitive Receptors; the separate heavy-duty truck entrance to the Logistics Use Development or Logistics Park; the location of truck entry, exit, and internal circulation; and the buffering and screening required by Government Code section 65098.2. (b) Measurement. The distance between a Loading Bay and a Sensitive Receptor shall be measured using a direct straight-line method from the property line of the nearest Sensitive Receptor to the nearest Loading Bay opening. Every distance between a Loading Bay and a Sensitive Receptor, Residential Zone, or Mobilehome Park stated in this division shall be measured by that method.
(c) Statutory exemptions. Government Code sections 65098.1.5 and 65098.1.6 apply according to their terms. The Director shall determine in writing, based on the
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application, approval, and construction dates shown in the City’s records, whether either section applies to a Project.
(d) Local supplemental standards. In addition to the standards in subsection (a):
(1) In the B-P and M-1 zones, no Loading Bay shall be located on a building elevation that faces a Residential Zone or Mobilehome Park located within 1,000 feet of that elevation. An elevation faces a Residential Zone or Mobilehome Park if a line drawn perpendicular to the elevation from any point on the elevation intersects the Residential Zone or Mobilehome Park within 1,000 feet of the elevation.
(2) Each Truck Court shall be screened from view from each abutting public street by a building or by a screen wall that complies with Sec. 90-1072(b), such that no portion of a trailer parked at a Loading Bay is visible from a point five feet above the grade of the nearest sidewalk or, where there is no sidewalk, the nearest edge of the traveled way.
(3) No truck gate or truck driveway shall be located on a Local Residential Street. (e) No frustration of state standards. Subsection (d) of this section shall be applied consistent with Sec. 90-1054(b).
(f) Warehouse Concentration Region standards. Standards that apply under state law only within the Warehouse Concentration Region apply within the City only as provided in Sec. 90-1055.
Sec. 90-1070. Buffers, walls, and landscaping.
(a) State buffer. Each Logistics Use Development to which Government Code section 65098.2 applies shall provide the buffer required by that section, including its required width, wall, berm, or wall-and-berm treatment, landscaping, irrigation, and solid-screen buffering trees. Landscaped areas within a public right-of-way and public or private pedestrian walkways may be included within the buffer to the extent permitted by that section.
(b) Local buffer. Each Logistics Use to which Government Code section 65098.2 does not apply shall provide:
(1) A landscaped setback not less than 25 feet in depth, measured from the property line, along each street frontage;
(2) A landscaped buffer not less than 50 feet in depth, measured from the property line, along each property line abutting a Residential Zone or Mobilehome Park, containing a solid masonry wall not less than the height required by Sec. 90- 1046(g)(1)c. located along the property line; and
(3) Within each setback and buffer required by this subsection, evergreen trees (no than palm trees) of not less than 36-inch box size at planting, spaced not more than 30 feet on center.
7.B.
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(c) Irrigation and maintenance. Each buffer and landscaped setback shall be served by an automatic irrigation system that complies with article XLVIII of this chapter. Before issuance of a certificate of occupancy, the owner shall record a covenant, in a form approved by the City Attorney, requiring maintenance of the buffer in accordance with the approved landscape plan. Each dead, dying, or removed tree shall be replaced with a tree of the size required by this section within 60 days after the City mails written notice to the owner.
Sec. 90-1071. Site access, on-site circulation, queuing, and truck parking. (a) Separation of circulation. Truck circulation and passenger vehicle circulation shall be separated. No passenger vehicle parking space shall take access directly from a truck drive aisle, and each truck drive aisle shall be designated by pavement markings and signs. Where Government Code section 65098.1 requires a separate entrance for HeavyDuty Trucks, the entrance shall comply with that section. (b) Truck stacking. Each truck gate, guard house, or other point at which trucks entering the site stop shall be located not less than the greater of the following distances inside the property line: (1) 150 feet; (2) 75 feet multiplied by three trucks; or (3) the stacking depth required by Government Code section 65098.2.5. No truck shall queue or wait within a public right-of-way.
(c) Trailer parking. Each Tier 2 and Tier 3 Project shall provide on-site trailer parking spaces, each not less than 12 feet by 55 feet, at a ratio of not less than one trailer parking space per Loading Bay, exclusive of the Loading Bays. No Operator, Tenant, or carrier serving the Logistics Use shall park a truck, tractor, or trailer on a public street, and the City may adopt restrictions under Vehicle Code section 22507 to prohibit or restrict commercial vehicle parking on streets near Logistics Uses. (d) Driveways. Each truck driveway shall comply with the driveway standards of the City’s standard plans and specifications, and no truck driveway shall be located within 150 feet of the nearest curb return of an intersection, measured along the curb line. (e) Passenger vehicle parking. Passenger vehicle parking shall be provided as required by article XL of this chapter for the Logistics Use Class. A reduction in required passenger vehicle parking is available only as an Incentive under Sec. 90-1090(c).
Sec. 90-1072. Loading docks and loading bays.
(a) Maximum Dock Ratio. The Dock Ratio of a Project shall not exceed the ratio stated in Table 90-1072-1 for its Logistics Use Class and zone, and for a Tier 1 Project shall not exceed the ratio stated in Sec. 90-1059(a)(3).
[Table 90-1072-1 Follows]
7.B.
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Table 90-1072-1. Maximum Dock Ratio (one Loading Bay per stated square feet of Gross Floor Area)
Logistics Use Class B-P M-1 M-2
Storage Warehouse 10,000 7,500 5,000
Distribution Center; E-Commerce
Fulfillment Center
10,000 5,000 4,000
Cold Storage Facility 7,500 5,000 4,000
Parcel Hub/Last-Mile Delivery Station As stated in the
approval
As stated in the
approval
As stated in the
approval
Truck Terminal/Cross-Dock Not applicable
(prohibited)
As stated in the
approval
As stated in the
approval
Small-Bay Flex Industrial 10,000 10,000 10,000
(b) Screen walls. Where any portion of a Truck Court is visible from a public street, a solid masonry or concrete screen wall not less than 14 feet in height, measured from the finished grade of the Truck Court, shall be constructed between the Truck Court and the street.
(c) Cold storage. Each Cold Storage Facility, whether or not it is a Logistics Use Development, shall provide conduit and electrical hookups at each Loading Bay serving refrigerated space, sized to power the transport refrigeration unit of a truck or trailer at that Loading Bay. No person shall operate the diesel engine of a transport refrigeration unit, or idle or use auxiliary truck engine power to power climate control equipment,
7.B.
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while the truck or trailer is at a Loading Bay equipped with an electrical hookup and the truck or trailer is capable of plugging in. The requirements of Government Code section 65098 et seq. concerning conduits, electrical hookups, and idling at loading bays serving cold storage apply in addition.
Sec. 90-1073. Building design and architecture.
(a) Wall plane offsets. Each building elevation that faces a public street shall include a wall plane offset of not less than two feet in depth, extending the full height of the wall, at intervals of not more than 150 feet of horizontal wall length. (b) Materials and colors. Each building elevation that faces a public street shall include not fewer than two exterior materials or two colors, each covering not less than ten percent of the area of the elevation, in compliance with Sec. 90-1049. (c) Office entries. Each building shall have an office entry on an elevation that faces a public street. Not less than 40 percent of the wall area of the office portion of that elevation, measured between two and ten feet above finished grade, shall consist of transparent glazing.
(d) Rooftop equipment. All roof-mounted equipment shall be screened as required by Sec. 90-1046(g)(5), and shall not be visible from any point five feet above grade within a Residential Zone or Mobilehome Park located within 1,000 feet of the building. (e) Roofs. Each roof shall comply with the cool roof requirements of part 6 of title 24 of the California Code of Regulations in effect on the date the building permit is issued. Before issuance of a building permit, a licensed structural engineer shall certify that the roof structure is designed to support photovoltaic panels over the entire roof area designated as solar-ready on the building plans.
Sec. 90-1074. Lighting, noise, and screening.
(a) Lighting. All exterior light fixtures shall be full-cutoff fixtures. Illumination produced by the Logistics Use shall not exceed 0.1 footcandle at the property line of any Sensitive Receptor, measured horizontally at grade and vertically at five feet above grade. Between 10:00 p.m. and sunrise, all exterior lighting other than lighting required by the California Building Standards Code for safety and security shall be dimmed to not more than 50 percent of rated output.
(b) Noise. Noise generated by a Logistics Use, measured at the property line of any Sensitive Receptor, shall not exceed the more restrictive of (1) the limits established by Sec. 90- 1048(1), or (2) 55 dBA Leq during the hours of 7:00 a.m. to 10:00 p.m. and 45 dBA Leq during the hours of 10:00 p.m. to 7:00 a.m.
(c) Nighttime loading. No truck shall be loaded or unloaded, and no truck shall be backed into or pulled out of a Loading Bay, between 10:00 p.m. and 7:00 a.m. at any Loading Bay located within 500 feet of a Sensitive Receptor, unless a noise study prepared by a qualified acoustical consultant demonstrates that nighttime operations at that Loading Bay will comply with subsection (b) of this section and the measures on which the study relies are imposed as conditions of approval.
7.B.
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Sec. 90-1075. Sustainability and clean-energy infrastructure. (a) Rooftop solar. Each building shall include a rooftop photovoltaic system with a rated capacity not less than the lesser of (1) the capacity necessary to generate 100 percent of the building’s projected annual electrical demand, as calculated by the applicant’s licensed engineer using the method stated in the Director’s guidelines under Sec. 90- 1100; or (2) the capacity that can be installed on the entire roof area, excluding skylights, roof-mounted equipment, and access pathways and setbacks required by the California Fire Code. In no event shall the system be smaller than the system required by title 24 of the California Code of Regulations.
(b) Passenger vehicle charging. The number of passenger vehicle parking spaces with installed electric vehicle supply equipment shall be not less than the number required by the California Green Building Standards Code plus ten percent of the total number of passenger vehicle parking spaces, and not less than any number required by Government Code section 65098 et seq.
(c) Heavy-duty charging readiness. Each Project shall include conduit and electrical panel capacity sufficient to serve future charging equipment at not less than 20 percent of truck and trailer parking spaces and 20 percent of Loading Bays, and shall reserve on the site plan a location for a future transformer and switchgear sized in accordance with a service planning letter from the electric utility.
(d) Zero-emission yard equipment. In each Tier 2 and Tier 3 Project, all yard trucks, yard hostlers, forklifts, pallet jacks, and sweepers used on the site shall be zero-emission, except for a type of equipment for which the Operator demonstrates, by documentation submitted to the Director, that no zero-emission model of equivalent rated capacity is offered for sale or lease in California. Equipment excepted under this subsection shall be the lowest-emitting model of that type offered for sale or lease in California, and shall be replaced with a zero-emission model within 36 months after one becomes offered for sale or lease in California.
(e) Water efficiency, shading, and paving. Landscaping shall comply with article XLVIII of this chapter. Not less than 50 percent of the passenger vehicle parking area shall be shaded by trees at maturity or by solar canopies, or constructed of paving materials with an initial solar reflectance index of not less than 29.
Sec. 90-1076. Employee amenities and active transportation. (a) Break areas. Each Project shall provide an outdoor employee break area of not less than the greater of 500 square feet or one square foot per 400 square feet of Gross Floor Area, not less than 50 percent of which shall be shaded by a structure or tree canopy. (b) Bicycle parking. Each Project shall provide the short-term and long-term bicycle parking required by the California Green Building Standards Code, and not fewer than four bicycle parking spaces.
(c) Pedestrian connections. A continuous paved pedestrian walkway not less than five feet wide, separated from truck drive aisles, shall connect each employee entrance to the
7.B.
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public sidewalk and to each Riverside Transit Agency stop located on a street abutting the Project.
(d) Transit stops. For each Tier 3 Project, where the Riverside Transit Agency confirms in writing that a bus stop exists or is planned on a street abutting the Project, the applicant shall construct a bus pad and shelter at that stop in accordance with Riverside Transit Agency design standards.
Sec. 90-1077. Hemet-Ryan Airport compatibility.
(a) Consistency. Each Logistics Use within the Airport Influence Area shall comply with the ALUCP. Before approval, each action that requires review by the Riverside County Airport Land Use Commission under the Public Utilities Code or the ALUCP shall be submitted to that commission for a consistency determination, or shall be the subject of an overruling by the City Council in the manner provided by Public Utilities Code section 21676 or 21676.5, as applicable.
(b) Bonuses limited. The height Incentive and the floor area ratio Incentive under Sec. 90- 1090 are not available to the extent that the resulting building height or intensity of use would exceed a limit of the ALUCP or would penetrate an imaginary surface established under part 77 of title 14 of the Code of Federal Regulations. Where part 77 requires notice to the Federal Aviation Administration, the applicant shall submit a determination of no hazard to air navigation before issuance of a building permit. (c) Glare. Where the ALUCP or the Federal Aviation Administration requires a glare analysis for a photovoltaic system, the applicant shall submit the analysis before issuance of a building permit, and the photovoltaic system shall comply with it.
SUBDIVISION IV. TRUCK ROUTES, ROADWAY ACCESS, AND OPERATIONAL
STANDARDS
Sec. 90-1078. Designated Truck Route network.
(a) Network. The Designated Truck Route network is the network of truck routes established by the Truck Route Ordinance under Government Code section 65098.2.8, as amended from time to time, and, if the City becomes subject to Government Code section 65302.02, as reflected in the Circulation Element.
(b) Incorporation. The Designated Truck Route network is incorporated into this division by reference. No approval of a Logistics Use shall rely on a route for Heavy-Duty Truck access that is not part of the Designated Truck Route network. (c) Interim routing standard. Until the Truck Route Ordinance is adopted and takes effect, Heavy-Duty Truck access to and from a Logistics Use approved under this division shall be limited to State Route 74, State Route 79, the streets designated in Section 78-61 of this Code and Expressways, Arterial 6D, Major 4D-6D, Divided Secondary-A 4D, Divided Secondary-B 4D, and Secondary 4U, and shall not use any Local Residential Street. The Director and the Public Works Director shall apply this subsection to each approval issued before the Truck Route Ordinance takes effect.
7.B.
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(d) Periodic review. The Public Works Director shall review the Designated Truck Route network not less often than every five years, in coordination with Caltrans District 8, the County of Riverside, and neighboring jurisdictions, including jurisdictions within the Warehouse Concentration Region through which freight moving to and from the City travels to reach Interstate 215 and Interstate 10, and shall report the results to the City Council.
Sec. 90-1079. Roadway access requirement.
(a) Standard. Each Tier 2 and Tier 3 Project, and each Tier 1 Project with more than five Loading Bays, shall take primary truck access from an Expressway, Arterial 6D, Major 4D-6D, Divided Secondary-A 4D, Divided Secondary-B 4D, Secondary 4U or a Commercial-Industrial Local Road, and shall connect to a Designated Truck Route without traversing any Local Residential Street.
(b) Relationship to state law. This section applies on and after the effective date of the ordinance adding this division. Government Code sections 65098.2.7 and 65098.2.8(a)(2)(C) apply independently according to their terms. A waiver granted under Government Code section 65098.2.7(c) relieves a Project only of the requirement of that section and does not relieve the Project of the requirement of this section. (c) Improvement obligations. Where access to a Designated Truck Route requires the construction or reconstruction of a road to the structural section and geometric standards of a truck route established by the Public Works Director, the applicant shall construct the improvement or pay its cost, subject to the limits of Sec. 90-1086(a)(1) and to the credits provided in Sec. 90-1084(c).
Sec. 90-1080. Truck Routing Plans, signage, and public information. (a) Truck Routing Plan.
(1) The Operator of each Logistics Use Development shall submit a truck routing plan for approval before issuance of a certificate of occupancy, and a revised truck routing plan before issuance of a business license for any new Tenant, as required by Government Code section 65098.4.
(2) The Operator of each Tier 2 and Tier 3 Project, and of each Tier 1 Project with more than five Loading Bays, whether or not it is a Logistics Use Development, shall submit a Truck Routing Plan that includes, in addition to the content required by Government Code section 65098.4: (A) the operational characteristics of the Logistics Use and of the Operator, including hours of operation, the types of goods stored, the fleet mix, and projected daily truck trips by vehicle class; (B) the inbound and outbound route from each truck driveway to the nearest Designated Truck Route and to the state highway system; (C) each street on which Heavy-Duty Trucks serving the use are prohibited; and (D) the measures, including signs, pavement markings, and a queuing analysis, that prevent truck queuing, circling, stopping, and parking on public streets.
7.B.
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(3) The Director shall approve a Truck Routing Plan before issuance of a certificate of occupancy. The Operator shall submit an updated Truck Routing Plan before issuance of a business license to any new Operator or Tenant, and within 30 days after any change to the Designated Truck Route network that affects a route in the approved plan.
(b) Signage. The Operator shall post and maintain (1) the anti-idling signs required by Government Code section 65098.3(a); (2) at each truck exit driveway, signs directing truck drivers to the Designated Truck Route and the state highway system as shown in the approved Truck Routing Plan; and (3) at each truck driveway, a sign stating the name and 24-hour telephone number of the community liaison designated under Sec. 90- 1082(c).
(c) Distribution to carriers. The Operator shall provide the approved Truck Routing Plan and the City’s published truck route map to each carrier that dispatches trucks to the site, and shall require compliance with the Truck Routing Plan in each contract with a carrier executed or renewed after approval of the plan. Where the Operator owns or controls the dispatch or navigation system used by a truck serving the site, the Operator shall program the routes in the approved Truck Routing Plan into that system. (d) Public information. The Public Works Director shall publish the Designated Truck Route network in geographic information system format and share it with warehouse operators, fleet operators, and truck drivers, as required by Government Code section 65098.2.8(e).
Sec. 90-1081. Idling, zero-emission equipment, and fleet standards. (a) Idling. No Heavy-Duty Truck shall idle on the site for more than three consecutive minutes, except as permitted by section 2485 of title 13 of the California Code of Regulations. The Operator shall train each on-site employee who directs truck movements on this requirement at hire and annually thereafter, and shall document the training in the annual report required by Sec. 90-1093(b). (b) Yard equipment. Yard equipment shall comply with Sec. 90-1075(d). (c) Fleet commitments. Commitments concerning the emissions performance of trucks serving a Logistics Use that exceed the requirements of state and federal law may be made only as Voluntary Commitments listed in Table 90-1090-1 or as terms of a Development Agreement.
(d) Warehouse Indirect Source Rule. The Operator of each Logistics Use subject to South Coast Air Quality Management District Rule 2305 shall include with the annual report required by Sec. 90-1093(b) a copy of each report submitted to the district under that rule for the preceding calendar year.
Sec. 90-1082. Air quality, health risk, and community protection. (a) Health Risk Assessment. Each application for a Tier 3 Project shall include a Health Risk Assessment. Each application for a Tier 2 Project any Loading Bay or truck drive aisle of which is within 1,000 feet of a Sensitive Receptor shall include a screening Health Risk Assessment prepared in accordance with the screening procedures of the South Coast Air
7.B.
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Quality Management District; if the screening assessment shows that the cancer risk, chronic hazard index, or acute hazard index at any Sensitive Receptor exceeds 50 percent of the applicable district significance threshold, the applicant shall prepare a Health Risk Assessment.
(b) Air filtration. Before issuance of a certificate of occupancy for a Tier 2 or Tier 3 Project, the owner shall offer in writing, by certified mail, to the owner and the occupant of each residence, including each mobilehome space, and to each school within 1,000 feet of any Loading Bay, to install and maintain, at the owner’s expense for five years, either (1) portable air filtration units rated at MERV 13 or higher, sized for each bedroom and main living area, with replacement filters at the manufacturer’s recommended interval; or (2) where the structure’s ventilation system can accommodate it, upgraded ventilation filters rated at MERV 13 or higher. The owner shall perform each offer that is accepted within 60 days after acceptance.
(c) Community liaison; complaints. The Operator of each Tier 2 and Tier 3 Project shall (1) designate a community liaison and provide the liaison’s name and contact information to the Director and to each person to whom notice was mailed under Sec. 90-1063(b) or Sec. 90-1066(a); (2) maintain a telephone line answered or monitored 24 hours per day for complaints; (3) respond in writing to each complaint within two business days; and (4) maintain a log of each complaint and response, which shall be submitted with the annual report required by Sec. 90-1093(b) or upon request by the Director.
Sec. 90-1083. Construction-phase standards.
(a) Equipment and dust. All off-road diesel construction equipment of 50 horsepower or more used on the site shall meet the Tier 4 Final emission standards of the United States Environmental Protection Agency. Idling of construction equipment and vehicles shall not exceed five consecutive minutes. Construction shall comply with South Coast Air Quality Management District Rule 403.
(b) Construction traffic and haul routes. Heavy-Duty Trucks serving construction shall use only Designated Truck Routes, or routes permitted by Sec. 90-1078(c). Construction shall occur only during the hours permitted by this Code. Before issuance of a grading permit, the applicant shall submit a pre-construction pavement condition survey of each haul route and shall post a bond in an amount equal to 100 percent of the Public Works Director’s estimate, computed using the City’s current unit prices, of the cost to restore the haul route to the condition documented in the survey. (c) Construction noise and notice. Construction noise shall comply with this Code. Not less than ten days before commencement of grading, the applicant shall mail written notice of the construction schedule and the name and telephone number of a construction contact to the owners and occupants of each dwelling unit, including each mobilehome space, within 500 feet of the site.
Sec. 90-1084. Traffic and infrastructure mitigation; Logistics Impact Fee. (a) Fair-share improvements. Each Tier 2 and Tier 3 Project shall construct, or pay its fair share of the cost of, the transportation improvements identified in its traffic study or
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environmental document as necessary to mitigate its impacts, subject to Sec. 90- 1086(a)(1).
(b) Logistics Impact Fee. The City Council may by resolution, after preparation of a nexus study and in compliance with the Mitigation Fee Act (Government Code section 66000 et seq.), establish a Logistics Impact Fee to fund pavement rehabilitation, intersection improvements, and truck route improvements attributable to Logistics Uses. The fee shall be calculated by Logistics Use Class based on truck trip generation and pavement loading. No Logistics Impact Fee shall be collected under this subsection until the resolution establishing it takes effect.
(c) Credits. An applicant that constructs an improvement included in the facilities funded by the Logistics Impact Fee shall receive a credit against the fee as provided in the resolution establishing it. The Logistics Impact Fee shall not fund any facility, or any portion of a facility, funded by the Transportation Uniform Mitigation Fee of the Western Riverside Council of Governments.
Sec. 90-1085. Road maintenance funding.
(a) Requirement. As a condition of approval of each Tier 2 and Tier 3 Project, before recordation of a final map or issuance of a building permit, whichever occurs first, the owner shall either (1) cause the site to be annexed into a community facilities district formed under the Mello-Roos Community Facilities Act of 1982 (Government Code section 53311 et seq.) that funds the maintenance of public streets and public safety services; or (2) record a covenant, in a form approved by the City Attorney, obligating the owner to fund the maintenance of the public streets serving the Project in an amount equal to the special tax that would be levied under clause (1), as calculated by the City’s special tax consultant.
(b) Landowner consent. Where clause (1) of subsection (a) applies, the owner shall irrevocably consent to the annexation and cast its ballot in the landowner election in favor of the annexation and the levy of the special tax.
SUBDIVISION V. COMMUNITY BENEFITS AND ECONOMIC DEVELOPMENT
INCENTIVES
Sec. 90-1086. Community benefit framework.
(a) Three channels. Community Benefits and mitigation are secured under this division only through the following three channels, which shall be kept separate in each approval:
(1) Baseline Mitigation. Baseline Mitigation is mandatory. Each Baseline Mitigation requirement shall have an essential nexus to, and be roughly proportional to, the impacts of the Project on which it is imposed.
(2) Voluntary Commitments. A Voluntary Commitment is offered by an applicant or owner in exchange for an Incentive or for review under Sec. 90-1063(c), earns the Community Benefit Points stated in Table 90-1090-1, and shall be secured by a covenant recorded against the site in a form approved by the City Attorney.
7.B.
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(3) Development Agreement terms. The terms of a Development Agreement for a Tier 3 Project described in Sec. 90-1091 are negotiated consideration for the vested rights and other benefits conferred on the developer by the Development Agreement.
(b) Enforceability; voluntariness. No Incentive shall be granted except in exchange for a Voluntary Commitment secured by a recorded covenant or Development Agreement that provides a remedy under Sec. 90-1096. No Voluntary Commitment shall be required as a condition of any approval to which the applicant is otherwise entitled under this division, and the failure or refusal to offer a Voluntary Commitment shall not be a ground for denial of any application.
(c) Character of charges. Each fee, dedication, and improvement required as Baseline Mitigation is imposed as a condition of property development within the meaning of article XIII C, section 1(e)(6) of the California Constitution. Each payment under a Development Agreement is contractual consideration.
Sec. 90-1087. Point-of-sale and sales tax situs commitments.
A point-of-sale commitment under this section may be offered as a Voluntary Commitment by the owner or Operator of a Tier 1 or Tier 2 Project, and shall be a term of the Development Agreement for a Tier 3 Project. A point-of-sale commitment shall include the following:
(a) Seller’s permit and place of sale. The Operator shall obtain and maintain a seller’s permit or sub-permit from the California Department of Tax and Fee Administration for the facility and, where permitted by California Code of Regulations, title 18, section 1802 and other applicable law, shall designate the facility as the place of sale for purposes of the Bradley-Burns Uniform Local Sales and Use Tax Law.
(b) Reporting consent. The Operator shall execute each authorization required for the City to receive sales and use tax information concerning the facility. The City shall maintain that information as confidential to the extent required by Revenue and Taxation Code section 7056.
(c) Sales Tax Shortfall Payment. For a Tier 3 Project, if the designation required by subsection (a) is not achieved within 12 months after issuance of the first certificate of occupancy, or ceases thereafter, the owner shall pay the City a Sales Tax Shortfall Payment of $2 per square foot of Gross Floor Area for each year, prorated for partial years, in which the designation is not in effect. The Sales Tax Shortfall Payment shall be adjusted annually by the change in the Consumer Price Index for the Riverside-San Bernardino-Ontario area, not to exceed three (3) percent in any year. (d) Limits on sharing agreements. Any agreement by the City to share, rebate, or pay sales or use tax revenue in connection with a Logistics Use shall comply with Government Code sections 53083, 53083.1, 53084, and 53084.5, as applicable.
7.B.
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Sec. 90-1088. Employment commitments.
The following commitments may be offered as Voluntary Commitments for a Tier 1 or Tier 2 Project and shall be terms of the Development Agreement for a Tier 3 Project to the extent stated in Sec. 90-1091:
(a) Jobs density. The Operator shall maintain not less than 10 FTE positions per 100,000 square feet of Gross Floor Area, measured as an annual average, beginning 12 months after issuance of the first certificate of occupancy.
(b) First-source referral. The Operator shall use First-Source Referral for each job opening at the site, and shall list each opening with the referral source not less than ten (10) business days before advertising it to the public.
(c) Local hire goal. The Operator shall use good-faith efforts to fill not less than 50 percent of new hires at the site with Local Residents. Good-faith efforts consist of (1) FirstSource Referral under subsection (b); (2) participation in not fewer than two job fairs per year held within the City or the San Jacinto Valley; and (3) reporting of the number of new hires and the number who are Local Residents in the annual report required by Sec. 90-1093(b). This subsection does not require any person to reside in any location as a condition of employment, and the failure to achieve the goal after good-faith efforts is not a violation.
(d) Workforce training. The owner or Operator shall contribute funds, equipment, or instruction to a workforce training program for logistics, warehousing, or related occupations offered by Mt. San Jacinto College or another public education or workforce agency serving the San Jacinto Valley, in the amount or form stated in the covenant or Development Agreement.
(e) Wages; labor relations. A commitment concerning wages may be made only as a Voluntary Commitment or as a term of a Development Agreement. This division does not impose, and no approval under this division shall be conditioned on, any requirement concerning wages, employee benefit plans, labor relations, collective bargaining, labor peace agreements, or neutrality.
(f) Remedies. The covenant or Development Agreement securing an employment commitment shall provide for liquidated damages for each FTE position by which the Operator falls short of a commitment under subsection (a), in an amount determined in accordance with Civil Code section 1671, or for repayment of the value of the Incentives granted in exchange for the commitment, or both.
Sec. 90-1089. Municipal Services Payment; payment in lieu of taxes. (a) Municipal Services Payment. The Development Agreement for each Tier 3 Project shall require an annual Municipal Services Payment to the City in an amount calibrated by the Fiscal Impact Analysis to offset any net negative fiscal effect of the Project on the City. (b) Payment in lieu of taxes. The Development Agreement shall require the owner to record a covenant requiring annual payments to the City in lieu of the City’s share of ad valorem
7.B.
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property taxes if all or part of the site becomes exempt from ad valorem property taxation.
(c) Escalation and credits. The Municipal Services Payment shall be adjusted annually by the change in the Consumer Price Index for the Riverside-San Bernardino-Ontario area, not to exceed three (3) percent in any year, and shall be reduced by the amount of any special tax for City services paid for the site under Sec. 90-1085 in the same year.
Sec. 90-1090. Development incentives menu.
Subject to subsections (h) and (i) of this section and to Sec. 90-1077, the following Incentives are available in exchange for Voluntary Commitments:
(a) Floor area ratio. An increase in the maximum floor area ratio of not more than 0.10, as stated in Table 90-1068-1.
(b) Height. An increase in the maximum building height in the M-1 or M-2 zone of not more than the amount stated for that zone in Table 90-1068-1. (c) Passenger parking. A reduction of not more than 20 percent in the number of passenger vehicle parking spaces required by article XL of this chapter, where the applicant submits a parking demand study showing that automation or a transportation demand management program recorded in a covenant will reduce parking demand by at least the amount of the reduction.
(d) Plan check. Expedited plan check or third-party plan check, at the applicant’s expense. (e) Fee deferral. Deferral of payment of City development impact fees, other than fees collected on behalf of another agency, until the earlier of final inspection or issuance of a certificate of occupancy.
(f) Entitlement term. An extension of the term of a Logistics Site Development Review approval by an additional 12 months.
(g) Tier 3 vesting. For a Tier 3 Project, vested rights and fee locks as provided in the Development Agreement.
(h) Incentives not available. No Incentive shall grant relief from any requirement of Government Code section 65098 et seq., Sec. 90-1069, Sec. 90-1070, Sec. 90-1078, Sec. 90-1079, Sec. 90-1080, or Sec. 90-1082.
(i) Community Benefit Points. Voluntary Commitments earn the Community Benefit Points stated in Table 90-1090-1. For a Tier 1 Project, each five points earned entitles the applicant to one Incentive listed in subsections (a) through (f) of this section. For a Tier 2 Project, the first ten points qualify the Project for review under Sec. 90-1063(c), and each additional five points entitles the applicant to one Incentive listed in subsections (a) through (f). Each Incentive may be selected only once for a Project. A Voluntary Commitment earns points only if it is secured as required by Sec. 90-1086(b). [Table 90-1090-1 Follows]
7.B.
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Table 90-1090-1. Community Benefit and Incentive Menu (Tier 1 and Tier 2) Voluntary Commitment Points Legal vehicle and remedy
Point-of-sale designation (Sec. 90-1087) 6 Recorded covenant; Sales Tax Shortfall Payment or repayment of Incentive value
Jobs density of not less than 10 FTE per 100,000
sq. ft. (Sec. 90-1088(a))
4 Recorded covenant; liquidated damages
First-Source Referral (Sec. 90-1088(b)) 2 Recorded covenant; annual reporting Local hire goal of 50 percent (Sec. 90-1088(c)) 2 Recorded covenant; annual reporting 100 percent zero-emission yard equipment
without exception
3 Condition of approval; annual reporting
Zero-emission or near-zero-emission trucks for
not less than 25 percent of truck trips serving the
site
3 Recorded covenant; annual reporting
Rooftop solar capacity exceeding Sec. 90-1075(a)
by 25 percent
2 Condition of approval
Expanded air filtration program beyond Sec. 90-
1082(b)
2 Recorded covenant
Workforce training contribution (Sec. 90-1088(d)) Recorded covenant
7.B.
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Voluntary Commitment Points Legal vehicle and remedy
Owner-User or Local Business occupancy 3 Recorded covenant; re-tiering under Sec. 90- 1094
Funding of truck route pavement rehabilitation in
excess of the Project’s fair share
3 Recorded covenant; bond
Sec. 90-1091. Tier 3 Development Agreement terms.
(a) Minimum contents. In addition to the contents required by Government Code section 65865.2, the Development Agreement for a Tier 3 Project shall include: (1) a point-ofsale commitment under Sec. 90-1087, including the Sales Tax Shortfall Payment; (2) employment commitments under Sec. 90-1088(a) through (d) and (f); (3) a Municipal Services Payment and payment in lieu of taxes covenant under Sec. 90-1089; (4) commitments concerning the emissions performance of trucks and equipment serving the site; (5) a community benefit contribution, which may fund parks, air filtration, or rehabilitation of Designated Truck Route pavement; (6) annual reporting consistent with Sec. 90-1093; (7) repayment of the value of benefits conferred by the City upon default; and (8) the obligations described in subsection (b).
(b) Successors and Tenants. The obligations of the Development Agreement shall bind the developer’s successors in interest and be recorded against the site, and the developer shall include in each lease of space in the Project a rider requiring the Tenant to perform the obligations of the Development Agreement that relate to the Tenant’s operations. (c) Annual review. The City shall review the developer’s good-faith compliance with the Development Agreement at least once every 12 months as required by Government Code section 65865.1.
7.B.
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Sec. 90-1092. Subsidy transparency and reporting.
(a) Economic development subsidies. Before approving any economic development subsidy, as defined in Government Code section 53083, for a Logistics Use, the City shall comply with Government Code section 53083 or, for a warehouse distribution center as defined in Government Code section 53083.1, with Government Code section 53083.1 in lieu of section 53083.
(b) Warehouse distribution centers. For each economic development subsidy granted to a warehouse distribution center, the City shall issue the annual reports required by Government Code section 53083.1 for the term of the subsidy, and shall not sign any nondisclosure agreement prohibited by that section.
(c) Public posting. The Director shall post on the City’s website, within 60 days after receipt, each annual report submitted under Sec. 90-1093(b), redacted only to the extent required by Revenue and Taxation Code section 7056 or other law.
SUBDIVISION VI. COMPLIANCE, MONITORING, AND ENFORCEMENT Sec. 90-1093. Operational Compliance Plan; annual reporting. (a) Operational Compliance Plan. Before issuance of a certificate of occupancy for a Tier 2 or Tier 3 Project, or for a Tier 1 Project for which a Voluntary Commitment has been made, the Operator shall obtain the Director’s approval of an Operational Compliance Plan that describes how the Operator will comply with the Truck Routing Plan, the idling restrictions of Sec. 90-1081(a), the equipment requirements of Sec. 90-1075(d), the community liaison and complaint requirements of Sec. 90-1082(c), and each Voluntary Commitment and Development Agreement term applicable to the Project. (b) Annual report. On or before March 1 of each year, the Operator of each Tier 2 and Tier 3 Project, and of each Tier 1 Project for which a Voluntary Commitment has been made, shall submit to the Director, on a form published by the Director, a report for the preceding calendar year stating, as applicable: (1) the average number of FTE positions at the site; (2) the number of new hires and the number of new hires who are Local Residents; (3) the status of the point-of-sale designation; (4) the zero-emission and nearzero-emission trucks and equipment serving the site; (5) the complaint log required by Sec. 90-1082(c); (6) truck route compliance data, consisting of the number of HeavyDuty Truck entries and exits by driveway and direction of travel, as recorded by gate logs or automated counting; (7) the number of air filtration offers made and accepted under Sec. 90-1082(b); and (8) the training documentation required by Sec. 90-1081(a). The owner of each other Tier 1 Project shall submit by the same date a certification of continued compliance with the covenant recorded under Sec. 90-1062(e). (c) Verification. The annual report for each Tier 3 Project shall be verified by an independent third party selected by the City from a list of qualified firms maintained by the Director, at the Operator’s expense.
7.B.
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Sec. 90-1094. Change of Tenant or operation; re-tiering. (a) Notice. The owner shall give the Director written notice not less than 30 days before (1) occupancy by a new Operator or Tenant; (2) a change in the Logistics Use Class of any portion of the Project; (3) the addition of operations between 10:00 p.m. and 7:00 a.m.; (4) an increase in the number of Loading Bays; or (5) an increase of more than 20 percent in projected daily Heavy-Duty Truck trips.
(b) Approvals. A change to a more intensive Logistics Use Class, as ranked in Sec. 90- 1057(b), or a change that causes the Project to exceed the thresholds of its Tier, requires the approval required by this division for the new Logistics Use Class and Tier. An updated Truck Routing Plan is required for each change described in subsection (a), and before issuance of a business license to any new Operator or Tenant as required by Government Code section 65098.4(b).
(c) Loss of Tier 1 eligibility. If a Tier 1 Project ceases to satisfy Sec. 90-1059(a), the owner shall restore compliance within 12 months after the Director mails written notice of noncompliance. If compliance is not restored within that period, the owner shall (1) apply for and obtain Logistics Site Development Review for the Project as a Tier 2 Project; and (2) repay to the City the dollar value of each Tier 1 Incentive received, including the amount of any fee reduction and the amount of any deferred fee not yet paid. (d) Assumption of covenants. No business license shall be issued under chapter 18 of this Code to a new Operator or Tenant of a Logistics Use until the new Operator or Tenant has executed, in a form approved by the City Attorney, an assumption of each recorded covenant and Development Agreement obligation applicable to its operations.
Sec. 90-1095. Monitoring fees and cost recovery.
The City Council may by resolution establish fees and deposits to recover the City’s reasonable costs of reviewing applications, Truck Routing Plans, Operational Compliance Plans, and annual reports; conducting peer review, third-party verification, and inspections; and administering Voluntary Commitments and Development Agreements under this division. No fee shall exceed the reasonable cost of the service for which it is charged.
Sec. 90-1096. Enforcement; remedies; clawbacks; revocation. (a) Violations; citations. A violation of this division, of a condition of approval imposed under this division, or of a covenant recorded under this division is a violation of this Code, punishable as provided in Article II of Chapter 1 of this Code and Government Code section 36900. A violation of a truck route restriction is also enforceable under the Vehicle Code and the Truck Route Ordinance.
(b) Modification and revocation. After notice and a public hearing before the body that approved the permit, or before the Planning Commission for a permit approved by the Director, a permit issued under this division may be modified or revoked on the ground that the permittee, Operator, or owner has violated a condition of approval, a recorded covenant, or this division.
7.B.
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(c) Development Agreement default. Default under a Development Agreement is governed by the Development Agreement and by Government Code section 65865.1. (d) Clawbacks. Upon a failure to perform a Voluntary Commitment, the owner shall repay to the City the value of each Incentive granted in exchange for that commitment, as stated in the recorded covenant.
(e) Liquidated damages. Liquidated damages stated in a recorded covenant or Development Agreement in accordance with Civil Code section 1671 are recoverable by the City. (f) Cumulative remedies; nuisance. The remedies in this section are cumulative and are in addition to any other remedy available at law or in equity. Operation of a Logistics Use in violation of this division is a public nuisance that may be abated as provided in Article II of Chapter 1 of this Code or by civil action.
SUBDIVISION VII. EXISTING USES, TRANSITION, AND REVIEW
Sec. 90-1097. Existing Logistics Uses; nonconformities; expansions. (a) Continuation. A Logistics Use lawfully established before the effective date of the ordinance adding this division may continue, subject to article II, division 2 of this chapter. This division applies to an existing Logistics Use upon an addition described in Sec. 90-1053(a)(2), a reoccupancy described in Sec. 90-1053(a)(4), or a change described in Sec. 90-1094.
(b) Tier after addition. The Tier of an existing Logistics Use to which an addition is proposed is determined by the Gross Floor Area of the Project after the addition. For purposes of applying state law, the definition of Expansion in Government Code section 65098(b) controls.
(c) Voluntary retrofits. The owner of an existing Logistics Use may offer Voluntary Commitments that retrofit the existing Logistics Use, and may receive the Incentives available under Sec. 90-1090 for them.
(d) Truck Routing Plans for existing facilities. Within 12 months after the effective date of the Truck Route Ordinance, the Operator of each existing Logistics Use with more than five Loading Bays shall submit a Truck Routing Plan that complies with Sec. 90- 1080(a)(2).
Sec. 90-1098. Pending applications; vested rights.
(a) Complete applications. An application for a Logistics Use that was determined or deemed complete under Government Code section 65943 before the effective date of the ordinance adding this division shall be processed under the provisions of this Code in effect on the date it was determined or deemed complete, unless the applicant elects in writing, before the first public hearing or, if none, before the decision, to have the application processed under this division in its entirety.
7.B.
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(b) Vested rights. Nothing in this division impairs a right vested under a vesting tentative map, a Development Agreement, or a building permit under which substantial work has been performed and substantial liabilities incurred in good-faith reliance. (c) State law. Government Code sections 65098.1.5 and 65098.1.6 apply to pending applications according to their terms, independently of this section. The requirements of Sec. 90-1078, Sec. 90-1079, and Sec. 90-1080 apply to an application described in subsection (a) to the extent they are imposed as mitigation measures under the California Environmental Quality Act or are required by state law.
Sec. 90-1099. Periodic review.
(a) Reports. The Director shall report to the City Council on the administration and effectiveness of this division not less often than every five years, and within 90 days after the effective date of any amendment to Government Code section 65098 et seq. or to the definition of the Warehouse Concentration Region.
(b) Updates to state standards. Each reference in this division to a provision of state law is to that provision as amended from time to time. An amendment to a state standard incorporated by reference in this division applies from the effective date of the amendment, except to the extent that a vested right precludes its application.
Sec. 90-1100. Administrative guidelines.
The Director may adopt administrative guidelines, including checklists, application forms, measurement protocols, and reporting forms, to implement this division. Guidelines shall consist only of Objective Standards and procedures, shall not add substantive requirements to this division, and shall be posted on the City’s website. The guidelines in effect on the date an application is determined or deemed complete apply to that application.
Secs. 90-1101—90-1109. Reserved.
7.B.