Planning and ZoningWarehouse Design and Build Standards
Section § 65098
This section defines terms related to logistics facilities, specifically what qualifies as a "21st century warehouse" and a "Tier 1 21st century warehouse." Such facilities must meet rigorous standards for energy efficiency, including photovoltaic systems, cool roofing, vehicle charging readiness, and zero-emission forklifts and equipment. They also have specific requirements for lighting and infrastructure to support electric vehicle charging.
Furthermore, it outlines what constitutes the expansion of a logistics facility and describes heavy-duty trucks and logistics use facilities. It excludes certain types of buildings and facilities from these definitions. A "sensitive receptor" is defined as places that are particularly sensitive to pollution, like schools and hospitals. Lastly, the section identifies certain counties and cities as a "warehouse concentration region."
Section § 65098.1
This law lays out rules for building large warehouses or logistics facilities in California starting January 1, 2026. If these facilities are 250,000 square feet or larger and within 900 feet of sensitive areas like homes or schools, they have to follow several guidelines to minimize their impact. These include keeping truck loading bays as far from sensitive areas as possible, using special designs to reduce noise and light, and providing specific truck access away from nearby neighborhoods.
Smaller developments must also meet energy efficiency standards and set up charging stations for electric vehicles. Additionally, cities and counties must update their truck route plans by 2028 or earlier for areas with many warehouses.
Section § 65098.1
This law outlines exemptions for logistics developments from certain requirements if they were established, undergoing expansion, or in the process of receiving local entitlement before September 30, 2024. Specifically, if a new sensitive receptor (like a school or hospital) is built or permitted after these logistics uses begin their own entitlement processes, the logistics projects are not subject to certain proximity or zoning requirements. New logistics developments needing land rezoning are similarly exempt if their process started before a sensitive receptor’s. However, this exemption does not apply if the new sensitive receptor was an existing allowable use. Protections last from application submission to project completion but are waived if no development starts within five years. Projects with prior approval by local agencies are also exempt from this chapter's requirements.
Section § 65098.2
This law requires new logistics facilities (such as warehouses) built close to sensitive areas, like schools or hospitals, to have a buffer zone. The size of the buffer depends on other regulations the facility already follows: 50 feet wide if certain rules apply, or 100 feet wide if others do. The buffer needs to include a solid wall or a landscaped berm about 10 feet high, with drought-resistant plants and trees serving as a visual barrier. The law specifies that trees must be evergreen, low in emissions, and planted close together in two rows.
Section § 65098.2
This law requires that entry gates for new or expanded logistics facilities be set back at least 50 feet from the property line to allow trucks to stack or line up inside the property without spilling onto public roads. Additionally, for facilities with over 50 loading bays, the stacking space should be increased by 70 feet for every additional 20 loading bays, as much as is practically possible.
Section § 65098.2
This law, starting January 1, 2026, aims to place logistics developments in spots that reduce negative impacts on neighborhoods and boost transportation efficiency. New logistics sites must be located on roads suited for heavy traffic, like arterial, collector, or major thoroughfares, or local roads that mainly serve commercial areas. Local roads qualify if over half of neighboring properties are commercial or industrial. A waiver might be allowed if it's impossible to site the development on these roads, due to unique reasons like geography or infrastructure. To get a waiver, developers must prove there's no other suitable site, provide a traffic study, ensure the site is in an industrial zone, and take steps to lessen traffic and environmental effects on nearby residential areas.
Section § 65098.3
This law requires logistics use developments to put up anti-idling signs that limit heavy-duty truck engine idling to three minutes. The signs must be located at the entrances and truck loading areas. Additionally, there must be signs at all heavy-duty truck exits to guide drivers to the designated truck routes as specified in a truck routing plan and the state highway system.
Section § 65098.4
This law requires facility operators, before receiving a certificate of occupancy, to create a truck routing plan and get it approved by the local planning director. The plan must specify how trucks will travel between the facility and state highways, avoiding sensitive areas as much as possible. It should include details like hours of operation and items stored at the facility and outline strategies such as signage and pavement markings to prevent trucks from lingering on public streets. The facility operator is in charge of enforcing this plan. Additionally, a new truck routing plan must be submitted for approval if the property gets a new tenant. The planning director can suggest changes to the plan to improve traffic and parking issues at any time.
Section § 65098.5
This law states that a city or county in California cannot approve a logistics development project unless it meets the specific standards set in the relevant chapter. It also clarifies that this law does not limit the existing power of cities or counties to completely deny a logistics facility if they choose to.
Section § 65098.6
This law requires that when a city or county approves a logistics development that involves demolishing housing, they must ensure that two new affordable housing units are built for every demolished unit. This applies unless the original unit was substandard before purchase by the developer. The new housing must be affordable for low or moderate-income families and must be located within the same jurisdiction.
If a developer buys residential dwellings and displaces tenants, they have to compensate these tenants with the equivalent of 12 months of rent.
Section § 65098.7
This section clarifies that the rules in this chapter do not override any environmental protection steps required by the California Environmental Quality Act.
Section § 65098.8
This law states that the handling and storing of freight impacts everyone in California, affecting public health and communities. Because of its statewide importance, it applies to every city in California, even those with special charters.
Section § 65098.9
This law states that certain rules in this chapter don't apply to a logistics use development if it meets two conditions. First, the project must be a mixed-use development that might introduce sensitive receptors, like schools or hospitals, on the same site. Second, there must be no existing sensitive receptors within 900 feet of the loading bay of the development.