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20220714 Business and Industry Commission Agenda Packet (Special)Special Business and Industry Commission Meeting Thursday, July 14, 2022 Page 1 of 2 Agenda City of VernonSpecial Business and Industry Commission MeetingThursday, July 14, 2022, 4:00 PM Via Zoom Webinar Jack Cline, Chair Catherine Browne, Commissioner Thomas Condon, Commissioner Crystal Larios, Commissioner Hector Morfin, Commissioner Duncan Sachdeva, Commissioner Douglas Williams, Commissioner SPECIAL REMOTE PROTOCOLS Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference because State and Local officials are recommending measures to promote social distancing. This meeting will be conducted entirely by remote participation via Zoom Webinar. The public is encouraged to view the meeting at http://cityovernon.org/webinar-bic or by calling (408) 638-0968, Meeting ID 817-8764-6429#. You may address the Commission via Zoom orsubmit comments to PublicComment@cityofvernon.org with the meeting date and item numberin the subject line. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA PUBLIC COMMENT At this time, the public may address the Commission on any matter that has been described in the agenda for this special meeting. PRESENTATIONS 1.City Clerk Selection of Chair and Vice ChairRecommendation:Select one member to serve as Chair and one member to serve as Vice Chair for theterm ending June 30, 2023. Special Business and Industry Commission Meeting Thursday, July 14, 2022 Page 2 of 2 2. Finance/Treasury Public Safety Special Parcel Tax (Continued from May 12, 2022)Recommendation:Discuss the need to extend the Public Safety Special Parcel Tax beyond the currentexpiration date of Fiscal Year 2022-2023. 1. May 12, 2022 BIC Staff Report - Safety Parcel Tax CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar. 3.City ClerkApproval of MinutesRecommendation: Approve the May 12, 2022 Regular Business and Industry Commission meeting minutes.1. 20220512 BIC Minutes NEW BUSINESS 4.Public WorksWarehouse RegulationRecommendation:Recommend that the City Council adopt changes to Chapter 17 of the Vernon Municipal Code (VMC) implementing the regulation of future warehouse development by Development Agreement, and including cargo container storage and cargocontainer parking in the definition of "Truck terminal."1.Attorney General Fontana Settlement Announcement2.Proposed Changes to Chapter 17 of Vernon Municipal Code ORAL REPORTS Brief reports, announcements, or directives to staff. Next regular meeting: Thursday, August 11, 2022, at 9:00 A.M. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated: July 7, 2022. By: ________/s/_________ Lisa Pope, City Clerk Business and Industry Commission Agenda Item Report Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: July 14, 2022 SUBJECT Selection of Chair and Vice Chair Recommendation: Select one member to serve as Chair and one member to serve as Vice Chair for the term ending June 30, 2023. Background: The Business and Industry Commission consists of seven members including three Business Representatives, one Council Member, one Employee/Labor Representative, and two Real Estate Representatives. Members serve four-years terms, serving no more than two full consecutive terms. Following appointments by the City Council at its June 7, 2022 meeting, the current members are as follows: Commissioner Appointing Category Date Appointed End of Term Catherine Browne Business Representative June 7, 2022 June 30, 2026 Navdeep (Duncan) Sachdeva Business Representative June 7, 2022 June 30, 2026 Douglas Williams Business Representative July 21, 2020 June 30, 2024 Crystal Larios Council Member July 20, 2021 June 30, 2024 Hector Morfin Employee/Labor Rep.June 7, 2022 June 30, 2026 Jack Cline Real Estate Representative July 21, 2020 June 30, 2024 Thomas Condon Real Estate Representative June 7, 2022 June 30, 2026 Municipal Code Section 2.52.100 requires a Chairperson and Vice Chairperson from different appointing categories and prohibits a member from serving as Chairperson for more than two (2) consecutive terms. On January 24, 2019, Chair Cline was appointed to serve as Chair for a one-year term. He was subsequently re-appointed on August 13, 2020. He served more than a one-year term because: the Commission's meetings of August 12, 2021 and November 11, 2021 were cancelled; the selection of Chair and Vice Chair was tabled on February 10, 2022; and the May 12, 2022 meeting was just before reappointments. Chair Cline has served two consecutive terms; therefore, he is not eligible to continue to serve as Chair. The Commission should select a Chair and Vice Chair to serve through June 30, 2023. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: None. Business and Industry Commission Agenda Item Report Submitted by: Jessica Alcaraz Submitting Department: Finance/Treasury Meeting Date: July 14, 2022 SUBJECT Public Safety Special Parcel Tax (Continued from May 12, 2022) Recommendation: Discuss the need to extend the Public Safety Special Parcel Tax beyond the current expiration date of Fiscal Year 2022-2023. Background: At its meeting on May 12, 2022, the Business and Industry Commission (Commission) discussed the need to extend the Public Safety Special Parcel Tax beyond the expiration date of Fiscal Year (FY) 2022-23 (Attachment 1). The Commission received a presentation from Staff that included background information on the initial adoption and rate of the Public Safety Special Parcel Tax (Tax), limited revenue streams for the City and its need for funds to maintain current safety service levels and response times. The Commission discussed the potential options and impacts of: 1) Preserving the Tax; 2) Increasing the Tax and; 3) Allowing the Tax to expire. Following discussion, the Commission requested that staff bring the matter back at a subsequent meeting for the purpose of presenting various scenarios of the Public Safety Special Parcel Tax and detailing the associated operational and financial impact of each scenario. The Commission also requested a comparison of Police Department staffing levels of neighboring like cities. Accordingly, Staff will present the additional information requested by the Commission at the Special BIC Meeting on July 14, 2022. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. May 12, 2022 BIC Staff Report - Safety Parcel Tax Business and Industry Commission Agenda Item Report Submitted by: Angela Melgar Submitting Department: Finance/Treasury Meeting Date: May 12, 2022 SUBJECT Public Safety Special Parcel Tax Recommendation: Discuss the need to extend the Public Safety Special Parcel Tax beyond the current expiration date of Fiscal Year 2022-23. Background: The City of Vernon has made great strides in recent years to eliminate the General Fund's longstanding structural deficit and restore funds to a positive balance. In the last 5 years, the City has transitioned from an almost $11 million deficit to a $17 million fund balance. Such progress has been made possible through cost-saving measures across all departments and strategic actions to contain operational costs, such as the transition of fire services to the Los Angeles County Fire Department. The City will soon face another challenge: to maintain the current level of public safety services given the sunsetting Public Safety Special Parcel Tax. It would be appropriate for the Commission to discuss the prospect of a ballot measure to extend the Public Safety Special Parcel Tax that may be submitted to the voters of the City at the next General Municipal Election in April 2023. On April 9, 2013, the voters approved Measure L, which authorized the annual levy of a parcel tax on non-residential parcels to fund public safety services. The initial maximum rate for the tax was $ 0.03 per square foot of taxable parcel area. The annual rate is set to adjust annually based on the Consumer Price Index (CPI), with flexibility to adjust the maximum rate at the City Council’s discretion, and scheduled to sunset at the end of Fiscal Year (FY) 2022-23. As of FY 2021-22, the City's current Public Safety Special Parcel Tax rate was 0.03533 per square foot of taxable parcel area, which is expected to add $2.2 million in General Fund revenues for FY 2022-23. Unlike most traditional cities, the City of Vernon receives no, or significantly less, General Fund revenues from conventional sources, such as transient occupancy tax, highway users tax, gas tax, vehicle license fees, and property tax. As a prime example, Vernon receives just above 7% of its property tax revenues collected by the County in comparison to the 20%+ received by cities like Los Angeles, Pasadena, Long Beach, South Pasadena, and Pomona. Significant sources of revenues for other cities, such as gas tax, are apportioned primarily on the basis of population. With limited revenues from these sources, Vernon must seek alternative sources of revenue and levy its taxpayers in the most equitable manner. The City of Vernon is committed to providing the highest level of service to the residential and business community and being the best place to live and do business. Currently, significant cost escalations are impacting the City in several areas including maintenance and equipment, fuel costs, and capital expenditures. Crime rates are also on the rise in Los Angeles County. The Vernon Police Department, like many other agencies, has seen an increase in property crime and repeat offenders. Further, there has been increased engagement with persons experiencing homelessness and mental health crisis interventions. These additional expenditures will use the current General Fund revenues and diminish the City's current reserves. Without additional revenue streams, it is unlikely that the City will be able to maintain the same level of service and response times that the business community and residents have come to expect. A permanent Public Safety Special Parcel Tax would aid in funding those efforts. If it remains in effect, the proceeds of the Public Safety Special Parcel Tax would continue to be applied only to costs for fire protection services and projects, City health services and projects, and City Police services and projects. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: None. Business and Industry Commission Agenda Item Report Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: July 14, 2022 SUBJECT Approval of Minutes Recommendation: Approve the May 12, 2022 Regular Business and Industry Commission meeting minutes. Background: Staff has prepared and hereby submits the minutes for approval. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 20220512 BIC Minutes MINUTES VERNON BUSINESS AND INDUSTRY COMMISSION REGULAR MEETING THURSDAY, MAY 12, 2022 REMOTE LOCATION VIA ZOOM CALL TO ORDER Chair Cline called the meeting to order at 9:03 a.m. FLAG SALUTE Chair Cline led the Flag Salute. ROLL CALL PRESENT: Jack Cline, Chair (via remote access) Jimmy Andreoli II, Vice Chair (via remote access) Thomas Condon, Commissioner (via remote access arrived at 9:05 a.m.) Duncan Sachdeva, Commissioner (via remote access) Douglas Williams, Commissioner (via remote access) ABSENT: John Baca, Commissioner Crystal Larios, Commissioner STAFF PRESENT: Carlos Fandino, City Administrator (via remote access) Zaynah Moussa, Interim City Attorney (via remote access) Lisa Pope, City Clerk (via remote access) Angela Kimmey, Deputy City Administrator (via remote access) Robert Sousa, Police Chief (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Scott Williams, Finance Director (via remote access) Angela Melgar, Finance Manager (via remote access) Jessica Alcaraz, Financial Services Administrator (via remote access) APPROVAL OF THE AGENDA MOTION Vice Chair Andreoli moved and Commissioner Sachdeva seconded a motion to approve the agenda. The question was called and the motion carried 4-0, Commissioners Baca, Condon and Larios absent. Regular Vernon Business and Industry Commission Meeting Minutes Page 2 of 3 May 12, 2022 PUBLIC COMMENT None. PRESENTATIONS 1.Fiscal Year 2022-2023 Proposed Budget Overview Recommendation: No action is required by the Commission. This is a presentation only. City Administrator Fandino and Finance Director Williams presented the item. Commissioner Condon arrived at 9:05 a.m. In response to Commission questions, Finance Director Williams and City Administrator Fandino explained Enterprise Fund Expenditures; Special Purpose Reserves; major capital improvement projects including street improvements, Atlantic Bridge, and electric reliability; outreach to the business community; and General Fund reliance on the Utilities. CONSENT CALENDAR MOTION Vice Chair Andreoli moved and Commissioner Condon seconded a motion to approve the Consent Calendar. The question was called and the motion carried 5- 0, Commissioners Baca and Larios absent. The Consent Calendar consisted of the following item: 2.Approval of Minutes Recommendation: Approve the May 13, 2021 and February 10, 2022 Regular Business and Industry Commission meeting minutes. NEW BUSINESS 3.Public Safety Special Parcel Tax Recommendation: Discuss the need to extend the Public Safety Special Parcel Tax beyond the current expiration date of Fiscal Year 2022-23. City Administrator Fandino, Finance Director Williams and Chief Sousa presented the staff report. In response to Commission questions, Finance Director Williams, Chief Sousa, Deputy City Administrator Kimmey, and City Administrator Fandino explained current tax rate, crime, homelessness and mental health services, current Police Department staffing, legislative efforts for parity. Regular Vernon Business and Industry Commission Meeting Minutes Page 3 of 3 May 12, 2022 The Commission discussed the matter and concurred with the need to maintain Police services, and retain the tax, possibly resetting the rate. CONSENSUS By consensus, the Commission requested staff bring back discussion of the need to extend the Public Safety Special Parcel Tax beyond the current expiration date of Fiscal Year 2022-23 with additional information. ORAL REPORTS City Administrator Fandino announced the Vernon Business Breakfasts on May 12, 2022 and November 9, 2022, at 8:00 a.m.; Westside Specific Plan EIR scoping meeting; Job Fair on June 23, 2022, 9:00 a.m. to 1:00 p.m. at City Hall; and economic development outreach including contact forms on the City’s website. ADJOURNMENT With no further business, Chair Cline adjourned the meeting at 11:08 a.m. ________________________ JACK CLINE, Chair ATTEST: _________________________ LISA POPE, Secretary (seal) Business and Industry Commission Agenda Item Report Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: July 14, 2022 SUBJECT Warehouse Regulation Recommendation: Recommend that the City Council adopt changes to Chapter 17 of the Vernon Municipal Code (VMC) implementing the regulation of future warehouse development by Development Agreement, and including cargo container storage and cargo container parking in the definition of "Truck terminal." Background: On June 21, 2022, pursuant to the authority and procedure set forth in California Government Code Section 65858, the Vernon City Council adopted Interim Urgency Ordinance No.1283 establishing a 45-day temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City while staff evaluates the environmental, health and safety impacts of continued unfettered warehouse development and considers new regulations pertaining to such uses. During this interim period, City staff have engaged in analysis and study to develop a narrowly tailored zoning ordinance that would replace the temporary moratorium and mitigate public safety, health, and welfare impacts of continued warehouse development. In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development. With its ports, population centers, and transportation network, California has been especially affected by this trend. Warehouses and related businesses such as truck terminals, truck yards, and container storage operations generate significant environmental impacts. As a result, the California Attorney General’s Bureau of Environmental Justice has increased its scrutiny over warehouse developments and the impacts associated with their operations and heavy fleet use. Like the State, the City has experienced significant growth of large warehouses, distribution facilities and related businesses. Such facilities consume large areas of land in Vernon with little benefit to the City as they typically do not provide many jobs or generate sufficient utility users tax, property tax, sales tax, or business license revenues to off-set their impact on the City. As noted above, warehouses and related businesses can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues that impact public health, and maintenance impacts on City streets. Currently, the vacancy rate in the City is exceptionally low. This increases the value of property which, in turn, encourages the greater intensity of use at warehouse facilities, which increase the truck trips generated by these facilities. Additionally, advances in robotics and e-commerce have reduced the number of people employed by these facilities. The proliferation of these facilities presents several issues for the Community and the City including environmental and health, traffic and safety, land use, and fiscal issues. Environmental and Health Issues Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as the use of gasoline and diesel fuels by motor vehicles. DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards. These health effects include cardiovascular and respiratory conditions. Traffic and Safety Issues Warehouse facilities generate significant truck traffic, and sometimes these facilities and/or the trucks operate 24-hours-a-day. This truck traffic causes environmental issues including traffic congestion, detrimental air quality, noise, and vibration. These trucks travel City streets to reach their destinations and, because of their sheer size, pose unique and challenging traffic issues such as: Increased safety risk for smaller vehicles, pedestrians, and bicyclists; damage to City property/facilities from collisions (reported and unreported) impacting streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.; reduced levels of service on streets and at intersections; and pavement impacts. Land Use Issues All of Vernon is zoned industrial. By their nature, warehouses and related uses tend to locate on large parcels of land and in large industrial buildings. Similarly, truck yards, cargo container parking, and cargo container storage take large areas of land. These uses take up land that could otherwise be used for purposes that would generate jobs, additional property tax, and utility users tax to pay for City provided services. Presently 13 of the 14 new buildings being developed in the City are warehouses. Fiscal Issues Warehouses and related businesses generate significantly lower utility users tax, property tax, sales tax, and business license revenues, than other less truck intensive uses, while trucks significantly impact the condition of the City's streets. The City commissioned a Pavement Management Plan to obtain an inventory of pavement conditions for the City’s entire street network, and to develop strategies for the maintenance of the City’s streets including a budgetary analysis to determine the funding needs. The report concluded the average rating for the City’s street network is a C-. Much of the reason for this low grade is due to the load related (alligator cracking and heave) distress caused by trucks. It is estimated that it will require total expenditures of between $20 to $25 million from the General Fund to bring the street network up to an average B+ rating. Additionally, trucks frequently damage other City infrastructure including power poles, catch basins and traffic signals. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses with the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for street maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community. Warehouse Regulations Due to the health and environmental impacts of warehouses, several southern California cities have recently adopted warehouse moratoriums and, on April 18, 2022, the California Attorney General announced a settlement with the City of Fontana to resolve allegations that the City of Fontana violated the California Environmental Quality Act (CEQA) in its approval of a warehouse project (Attachment 1). The settlement, in addition to extracting money from the developer to establish a "community benefit" fund, required Fontana to adopt the most stringent environmental standards in California for new warehouse projects. Under its existing Zoning Code, and apart from the temporary urgency ordinance, the City of Vernon has no mechanism for requiring an environmental or health impact study on new or expanded warehouse uses. The City of Vernon is uniquely an industrial City and would best be served by the ability to retain self-determination to the greatest extent possible in the regulation of land use and development. Currently, warehouse uses are allowed by right everywhere in Vernon with minimal regulation. While there is a need to better regulate the future development of warehouses, rather than proposing blanket limitations on the areas where warehouses can be developed, limitations on the size of warehouses, and other one-size fits all prescriptive development standards, City staff recommends that future warehouse development be approved through a case-by-case Development Agreement. Section 17.84.10 of the VMC reads in part that the purpose of a Development Agreement is to "...protect the health, safety , and public welfare.." "...without creating undue hardships...". The use of development agreements would allow for the regulation of future warehouse development while providing for maximum collaboration between the City and the Developer in creating agreements that are tailored to mitigate the impacts of each individual project. To implement the regulation of future warehouse development by Development Agreement, the proposed changes to the VMC (Attachment 2) are changing paragraph F to read "Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet." and paragraph G to read " Wholesale use on lots encompassing less than 150,000 square feet.." from section "17.24.020 Permitted uses" and adding section: 17.24.035 which would read as follows: "Uses Requiring Development Agreement - Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and Applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. When considering uses requiring a Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Development Agreement: A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; B. Is in conformity with and will promote public convenience, general welfare and good land use practice; C. Will be detrimental to public health, safety or welfare; D. Will adversely affect the orderly development of property or the preservation of property values; and E. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty." Staff also proposes that container storage, and container parking be specifically included in the definition of "Truck terminal" in section 17.60.020 by adding "and cargo containers" to the end of the first sentence in that paragraph. After obtaining policy guidance from the BIC, staff will undertake the following next steps: Draft a proposed permanent ordinance that would change new warehouse uses on lots encompassing 150,000 square feet or more area from allowance by right to approval through a Development Agreement; Publish notice of a public hearing on the proposed permanent ordinance in accordance with state law; Submit the draft ordinance to the City Council, with the BIC's input and recommendations, for introduction and first reading; Return the draft ordinance to the City Council, with any requested changes, for second reading and adoption. Due to noticing, public hearing and procedural requirements for the adoption of ordinances, any proposed permanent ordinance regulating warehouse development would not take effect prior to the 45-day expiration of Ordinance No. 1283, the temporary urgency ordinance and moratorium, on August 5, 2022. Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Staff will recommend that Ordinance 1283 remain in place until the permanent zoning change takes effect. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Attorney General Fontana Settlement Announcement 2. Proposed Changes to Chapter 17 of Vernon Municipal Code Proposed changes to the City of Vernon Municipal Code are as follows: 17.24.020 Permitted uses. The following uses of buildings and land are permitted of right in the I Zone: A. Industrial use. B. Data centers. C. Cold storage warehouses. D. Industrial gas manufacturing. E. Telecommunications antenna and cell towers. F.Warehouse use (other than cold storage warehouses)on lots encompassing less than 150,000 square feet. G.Wholesale use on lots encompassing less than 150,000 square feet. H. Ancillary Use. Each occupant or user on the property and each tenant in a multi-tenant building shall be permitted to dedicate a portion of that person’s space to an ancillary use in connection with that person’s permitted use, if the following criteria are satisfied: 1. The permitted use for such person is that person’s majority use. 2. The ancillary use is located upon the same lot as that person’s permitted use. 3. The ancillary use is used solely and exclusively by the person for that person’s permitted use. 4. Ancillary use includes offices and showrooms ancillary to the permitted use, but does not include the right to sell at retail (ancillary retail use), but does include the right to sublease to a separate tenant office space only within an existing office area. Ancillary use does not include outdoor storage and activities. 5. The cumulative total area dedicated to all ancillary uses (including any ancillary retail use permitted with a Minor Conditional Use Permit) shall not exceed 20% of the gross floor area occupied by a permitted use. I. Incidental Use. Each occupant or user on the property and each tenant in a multi-tenant building shall be permitted to dedicate a portion of that person’s space to an incidental use in connection with that person’s permitted use, if the following criteria are satisfied: 1. The permitted use for such person is that person’s majority use. 2. The incidental use is located upon the same lot as that person’s permitted use. 3. Incidental use includes offices, design areas and showrooms related to the permitted use, but does not include the right to sell at retail. incidental use does not include outdoor storage and activities. 4. The cumulative total area dedicated to all Incidental and ancillary uses (including ancillary retail uses) shall not exceed 50% of the gross floor area occupied by a permitted use. J. Any activity or use undertaken by the City. (Prior code § 26.4.1-2) 17.24.035 Uses Requiring Development Agreement. Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. When considering uses requiring a Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Development Agreement: A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; B. Is in conformity with and will promote public convenience, general welfare and good land use practice; C. Will be detrimental to public health, safety or welfare; D. Will adversely affect the orderly development of property or the preservation of property values; and E. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. 17.16.020 Definitions. “Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property including, but not limited to, trucks and buses, and cargo containers. Truck terminal does not include parking of vehicles in connection with a permitted use or repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use.