Report to Honorable Mayor and City Council
Tuesday, March 3, 2026, 5:00 PM
SPECIAL ORDERS OF THE DAY 17.
To: Honorable Mayor and City Council
From: Nathan Freeman, Director of Community and Economic Development CD Planning
Subject: PUBLIC HEARING TO CONSIDER ADOPTION OF AN INTERIM URGENCY ORDINANCE NO. 26-2604U EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF RESTAURANT DRIVE-THROUGH OPERATIONS WITHIN CITY LIMITS DURING THE PENDENCY OF THE CITY’S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS (CITY COUNCIL)
I.SUMMARY
On January 20, 2026, the City Council unanimously adopted Interim Urgency Ordinance No. 26-2602U, establishing a 45-day moratorium on new or expanded Drive-through Restaurant Operations while permanent zoning regulations are developed. Adopted pursuant to Government Code Section 65858, the ordinance took effect immediately and is set to expire on March 6, 2026, unless extended by the Council. (Exhibit No. 3).
On February 17, 2026, a 10-day report was issued by the City Council as required pursuant to Government Code Section 65858(d) (see Exhibit No. 2).
The purpose of this item is for the City Council to hold a public hearing and consider extending the moratorium for an additional 10 months and 15 days from its scheduled expiration date, as authorized pursuant to Government Code Section 65858. To extend the moratorium, the City Council is required to conduct a public hearing, which has been duly noticed for tonight's meeting, and adopt an interim urgency ordinance (Ordinance No. 26-2604U, Exhibit No. 1), which would extend the moratorium for an additional 10 months and 15 days beyond its original expiration date, i.e., to January 21, 2027, or until it is superseded. Adoption of the urgency ordinance requires a four-fifths vote of the City Council.
II.RECOMMENDATION
TAKE the following actions:
- OPEN the public hearing, TAKE public comments, and CLOSE the public hearing; and
- WAIVE further reading and ADOPT Ordinance No. 26-2604U, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, EXTENDING URGENCY ORDINANCE NO. 26-2602U, WHICH INSTITUTED A 45-DAY TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF DRIVE-THROUGH RESTAURANT OPERATIONS WITHIN CITY LIMITS DURING THE PENDENCY OF THE CITY’S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS, AND DECLARING THE URGENCY THEREOF."
III.ALTERNATIVES
TAKE such other action as the City Council deems appropriate, consistent with the requirements of law.
IV.BACKGROUND
Notices
A public hearing notice was published as required by law.
Temporary 45-Day Moratorium
The current Interim Urgency Ordinance No. 26-2602U will expire on March 6, 2026, if it is not extended by the City Council on or before that date.
10-Day Report & Interim Urgency Ordinance No. 26-2602U
Ten days prior to expiration of Interim Urgency Ordinance No. 26-2602U or any extension, the City Council is required to issue a written report describing the measures taken to alleviate the condition that led to the adoption of the Ordinance. (Gov’t Code §65858(d)).
As detailed in the 10-day report issued on February 17, 2026, new development and proliferation of Drive-through Restaurant Operations permitted under current zoning regulations may result adverse impacts including concentrated vehicle queuing, idling, and high-turnover and turning movements that impair traffic circulation and increase the risk of collisions involving motorists, pedestrians, and bicyclists; obstruct on-site drive aisles and emergency access; and create recurring noise, lighting, litter, and late hour disturbances that are incompatible with nearby residences and other sensitive uses. Additionally, the Council noted extended idling and stop-and-go conditions relating to Restaurant Drive-through Operations queues can measurably increase localized air pollution and greenhouse gas emissions.
Since the adoption of Interim Urgency Ordinance No. 26-2602U, the City has begun the process of gathering stakeholder input, reviewing, and comparing against peer-city drive-through regulations, and analyzing the number and types of drive-through restaurants operating in the City. More time is requested to adequately study and make recommendations concerning the potential amendments to City regulations that would alleviate those potential impacts. Completing the required analyses, as well as developing and implementing the appropriate modifications, is anticipated to take at least several months. Therefore, the initial 45 days’ effectiveness of the moratorium enacted by Ordinance No. 26-2602U provides an insufficient amount of time to fully study and consider all the above, and any other impacts and relevant proposals. As detailed in Ordinance No. 26-2604U, extension of the moratorium will continue to prevent a current and immediate threat to the public health, safety, and welfare, and is necessary as an urgency measure for the immediate preservation of the public health, safety, and welfare of the City.
Staff recommends the City Council adopt Ordinance No. 26-2604U, on an urgency basis, to extend, for 10 months and 15 days pursuant to Government Code Section 65858(a), the temporary prohibition on new drive-through restaurants and the expansion of existing drive-through restaurants in the City. The extension of the moratorium would be effective March 6, 2026, the Moratorium's original scheduled expiration date, and would be of no further force and effect 10 months and 15 days thereafter, January 21, 2027, unless the City Council extends the Moratorium for an additional period of time in accordance with the provisions set forth in Government Code Section 65858.
V.FISCAL IMPACT
None.
VI.EXHIBITS
- Draft Interim Urgency Ordinance No. 26-2604U (Drive-through Restaurant Moratorium Extension)
- 10-Day Report dated February 17, 2026
- Interim Urgency Ordinance No. 26-2602U (45-Day Temporary Drive-through Restaurant Moratorium)
