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AB-1748 Logistics use projects: sensitive receptors.(2023-2024)

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Date Published: 05/01/2023 02:00 PM
AB1748:v97#DOCUMENT

Amended  IN  Assembly  May 01, 2023
Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1748

Introduced by Assembly Member Ramos
(Coauthor: Assembly Member Rodriguez)

February 17, 2023

An act to add Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 1748, as amended, Ramos. Qualifying logistics use projects. Logistics use projects: sensitive receptors.
Existing law, the Planning and Zoning Law, sets forth various requirements relating to the review of development project permit applications and the issuance of development permits for specified classes of development projects.
This bill would prohibit the County of Riverside, the County of San Bernardino, and any of the cities cities, joint powers authorities, or agencies with land use authority within those counties from approving the development or expansion of any qualifying logistics use, as defined, that is adjacent to sensitive receptors, as defined, unless the local agency imposes certain requirements, as specified, including a minimum setback on the qualifying logistics use of 300 feet or follows an industrial guideline framework, as specified. if the logistics use consists of 400,000 or more square feet of building space, including, but not limited to, warehouses. By imposing new requirements on local agencies, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Riverside and San Bernardino and Bernardino, the cities located within those counties. counties, and any joint powers authority or agency with land use authority in those counties.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 2.8 (commencing with Section 65098) is added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER  2.8. Qualifying Logistics Use Projects Adjacent to Sensitive Receptors

65098.
 (a) For purposes of this section:

(1)“Development or expansion of any qualifying logistics use” means any of the following:

(A)The development of any qualifying logistics use.

(B)The expansion of any existing qualifying logistics use.

(C)The expansion of any existing logistics use, where the logistics use after the expansion would be a qualifying logistics use.

(2)

(1) “Local agency” means any of the following:
(A) The County of Riverside.
(B) The County of San Bernardino.
(C) Any city located within the County of Riverside or the County of San Bernardino.
(D) Any joint powers authority or agency with land use authority that is located within the County of Riverside or San Bernardino.

(3)“Qualifying logistics use”

(2) “Logistics use” means any logistics use with 400,000 or more square feet of building space, including, but not limited to, warehouses. land use for the movement or storage of cargo, goods, or products for later distribution to business or retail customers, or both, including any land use serving heavy-duty trucks involved in such movement of cargo, goods, or products.

(4)

(3) “Sensitive receptors” means one or more of the following:
(A) A legally permitted residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, retirement home, or shelter.
(B) A school, including, but not limited to, preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive.
(C) A licensed daycare facility.
(D) A health care facility, including, but not limited to, any hospital, medical clinic, community clinic, medical center, nursing home, long-term care facility, hospices, hospice, convalescent facility, or similar live-in housing.
(E) A community center.
(F) An established community place of worship.
(G) A public playground, public recreation field, or public recreation center.
(4) “Stacking” means an area for temporary parking and lining of motor vehicles while awaiting service or other activity.
(b) A Except as specified in subdivision (c), a local agency shall not approve the any of the following:
(1) The development or expansion of any qualifying a logistics use that is adjacent to a sensitive receptor unless the local agency does either of the following: receptor.
(2) The expansion of an existing logistics use that is adjacent to a sensitive receptor.
(3) The expansion of an existing logistics use that, after the expansion, would be adjacent to a sensitive receptor.
(c) A local agency may approve the development or expansion of a logistics use, as specified in subdivision (b), if the local agency requires all of the following:
(1) Imposes If the logistics use consists of 400,000 or more square feet of building space, including, but not limited to, warehouses, the logistics use shall include a minimum setback on the qualifying logistics use of 300 feet from the building’s loading docks measured from the property line of any sensitive receptor to the nearest dock door using a direct straight-line method.

(2)Follows an industrial guideline framework, good neighbor policy, or sustainability ordinance adopted by the local agency, which, in its discretion, adequately balances siting qualifying logistics uses next to sensitive receptors.

(2) All of the following landscape buffer requirements:
(A) If the logistics use consists of 50,000 or more square feet of building space, including, but not limited to, warehouses, the logistics use shall include a 10-foot-wide landscaping buffer on any side of the property that is adjacent to a sensitive receptor.
(B) If the logistics use consists of 400,000 or more square feet of building space, including, but not limited to, warehouses, the logistics use shall include a 20-foot-wide landscaping buffer on any side of the property that is adjacent to a sensitive receptor.
(C) The landscaped buffer areas pursuant to subparagraphs (A) and (B) shall include, at a minimum, a solid decorative wall at least 10 feet in height, natural ground landscaping, and solid-screen buffering trees.
(D) The landscape buffer areas pursuant to subparagraphs (A) and (B) shall be external to the decorative wall.
(E) Solid-screen buffering trees in landscape buffer areas pursuant to subparagraphs (A) and (B) shall be evergreen, drought tolerant, in a minimum 36-inch box, and shall be spaced at no greater than 40 feet on center.
(F) The property owner and any successors subject to this paragraph shall maintain the trees and ensure unhealthy or dead trees are removed and replaced in a timely fashion.
(3) If the logistics use consists of 200,000 or more square feet of building space, including, but not limited to, warehouses, the logistics use shall comply with both of the following design requirements:
(A) The loading docks and truck entries to the logistics use shall be oriented away from adjacent sensitive receptors.
(B) The truck drive aisles shall be located away from sensitive receptors.
(4) If the logistics use consists of 200,000 or more square feet of building space, including, but not limited to, warehouses, the logistics use shall comply with the following stacking depth requirements:
(A) The entry gates into the loading dock and truck court area shall be positioned a minimum of 140 feet of total available stacking depth inside the property line.
(B) The minimum stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks.
(5) If the logistics use consists of 200,000 or more square feet of building space, including, but not limited to, warehouses, the property owner and any successors shall place anti-idling signs indicating a three-minute diesel truck engine idling restriction. The signs shall be posted at entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Chapter 2.8 (commencing with Section 65098) to Division 1 of Title 7 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities within the Counties of Riverside and San Bernardino, including charter cities.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the significant need to protect homes, schools, daycare facilities, and other sensitive receptors in the Counties of Riverside and San Bernardino, and in the cities located within those counties, or under the jurisdiction of any joint powers authority or agency with land use authority in those counties, from the potential harm created by large warehouses and other logistics uses.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.