Item 24 - Public Hearing for Amendments to the Transit Zoning Code

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ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) June 3, 2025 Page 10 Public records from the CUPA for Orange County, spanning 2022-2024, reveal a pattern of non-compliance with environmental and hazardous materials regulations among industrial businesses within the TZC. While some 2023 violations related to Hazardous Material Business Plan staff training and reporting were later corrected, current records indicate four businesses still have multiple open violations. These ongoing issues include non-compliance with documentation for hazardous waste transportation and disposal, as well as deficiencies in industrial stormwater reporting requirements. Notably, records from 2022-2024 show repeated failures to submit required stormwater reports and deficiencies in hazardous waste management and emergency response planning, including missing documentation and training. These violations highlight potential risks to public health and the environment. Air emission complaints continue to be reported to SCAQMD. These complaints included one involving black smoke and another regarding unpermitted soil vapor extraction equipment onsite. SCAQMD staff has clarified that for air quality complaints they receive, their inspector is required to be physically present to observe the activity from the facility described in the complaint to determine if the complaint warrants further investigation or enforcement action in accordance with SCAQMD Rules 401 (Visible Emissions), (Public Nuisance), and (Fugitive Dust). Therefore, although community members continue to share concerns with City and SCAQMD staff, the turnaround time for an SCAQMD inspector to be physically present at an SCAQMD-permitted facility to investigate an air quality complaint, especially if a complaint is reported after working hours or on weekends, is ineffective in addressing the immediate needs of the community. On May 9, 2025, the City received a complaint from Logan neighborhood residents, who reported visible black smoke from the nearby crematory lasting for 30 minutes and notified the SCAQMD. This incident highlights that air quality remains a significant and ongoing concern requiring our continued attention. A subsequent investigation determined that a power outage caused the cremation oven ignitors to lose spark, leading to a drop in internal temperature and the emission of a black plume of smoke. The proposed amendments for the TZC aim to strengthen the City's land use regulatory authority, providing a necessary tool to address the deficiencies of outside regulatory agencies and their permitting and oversight, and to safeguard the health, safety, and welfare of the community. Public Engagement Following City Council's extension of the TZC moratorium on May 21, 2024, City staff have been developing permanent regulations for the TZC district for the City Council's consideration. Leading up to the special Planning Commission meeting held on March 6, 2025, City staff engaged in a comprehensive outreach effort regarding TZC regulations, holding 20 meetings in various formats with affected stakeholders. This included: • Direct engagement through eight individual and group meetings with business owners and brokers, • Two focus group meetings with TZC business owners,