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Home My WebLink About08 ORD SELF-STORAGE 08-15-05 AGENDA REPORT Agenda Item 8 Reviewed: ( ~ City Manager ~ Finance Director MEETING DATE: AUGUST 15, 2005 TO: FROM: WilLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: INTERIM URGENCY ORDINANCE NO. 1300 SUMMARY Interim Urgency Ordinance No. 1300 is an urgency measure proposed by the City of Tustin to establish a temporary moratorium on the establishment and operation of new or expanded commercial self-storage facilities, including self-storage mini warehouses, within the City of Tustin for a period of 45 days. The Ordinance would prohibit the issuance of permits for the aforementioned uses pending the completion of a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance. The report may include a study of potential code amendments to the City's land use regulations that are needed to address a current and immediate threat to the public health, safety, and welfare. Following the issuance of the written report, the City Council may hold a public hearing and extend the Ordinance for an additional ten (10) months and 15 days. RECOMMENDATION: That the City Council adopt Interim Urgency Ordinance No. 1300 by at least a four-fifths vote. FISCAL IMPACT: Interim Urgency Ordinance No. 1300 is a City-initiated project. There is no direct fiscal impact associated with the proposed Ordinance. ENVIRONMENTAL: Interim Urgency Ordinance No. 1300 is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the written report described above. City Council Report August 15,2005 Interim Urgency Ordinance No. 1300 Page 2 BACKGROUND AND DISCUSSION: The approximately 70,000 residents of the City of Tustin ("City") are currently served by ten (10) existing commercial self-storage facilities/self-storage mini warehouses located in the City. These self-storage facilities are not job-intensive or significant tax generators and are generally situated in industrial-zoned property. The facilities in Tustin also serve the residents of adjacent cities, but do not have any negative economic impacts on those cities. Due to the continuing influx of such facilities, City staff is concerned that an overconcentration of these facilities in Tustin may occur. An overconcentration of commercial self-storage facilities/self-storage mini warehouses in the community would conflict with City's General Plan Land Use Element Goal 1 and Policies 1.6 and 7.1, which state the following: . Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. . Policy 1.6: Ensure an adequate supply of commercial and industrial land within the City of Tustin for potential commercial and industrial expansion and development. . Policy 7.1: Broaden the City's tax base by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. The establishment of new or expanded commercial self-storage facilities/self-storage mini warehouses within the City will further limit the already limited amount of industrial land available in the City for industrial and commercial uses that produce jobs and tax revenues for the local economy and the City. The potential loss of industriaVcommercial jobs and tax revenues negatively impacts the public welfare. Adoption of Interim Urgency Ordinance No. 1300 would establish a temporary moratorium on the establishment and operation of new or expanded commercial self- storage facilities, including self-storage mini warehouses, within the City of Tustin for a period of 45 days pending the completion of a written report describing the measures taken to alleviate the condition which led to the adoption of the Ordinance. The report may include a study of potential code amendments to the City's land use regulations that are needed to address a current and immediate threat to the public health, safety, and welfare. An urgency measure is necessary to prevent the overconcentration of self- storage uses which is inconsistent with at least one goal and two policies in the Tustin General Plan, as stated above. City Council Report August 15, 2005 Interim Urgency Ordinance No. 1300 Page 3 If adopted, Interim Urgency Ordinance No. 1300 would be in effect for 45 days. Following the issuance of a written report by the City Council, the Ordinance may be extended by the City Council after notice and a public hearing for an additional ten (10) months and 15 days. Findings in support of the adoption of Interim Urgency Ordinance No. 1300 are included within the Ordinance. The City Attorney has reviewed and approved the form and content of the proposed Interim Urgency Ordinance No. 1300. xi utt: ~~ Scott Reekstin Senior Planner ~rl'Æ 7i? ~<:~ lizabeth A. Binsack Director of Community Development Attachment: Interim Urgency Ordinance No. 1300 S:\Cdd\CCREPOR1\lnterim Urgency Ordinance 1300 SeW Storage Moratonum.doc ORDINANCE NO. 1300 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW OR EXPANDED COMMERCIAL SELF-STORAGE FACILITIES/SELF-STORAGE MINI WAREHOUSES WITHIN THE CITY OF TUSTIN FOR A PERIOD OF 45 DAYS PENDING THE COMPLETION OF A STUDY OF AMENDMENTS TO THE CITY'S LAND USE REGULATIONS THAT ARE NEEDED TO ADDRESS A THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE. THE CITY COUNCIL OF THE CITY OF TUSTIN HEREBY ORDAINS AS FOLLOWS: SECTION 1. This interim urgency ordinance is adopted pursuant to Section 65858 of the California Government Code. SECTION 2. The City Council hereby finds, determines and declares that this interim urgency ordinance is necessary because: A. The approximately 70,000 residents of the City of Tustin ("City") are currently served by ten (10) existing commercial self-storage facilities/self-storage mini warehouses located in the City. The establishment of new or expanded commercial self-storage facilities/self-storage mini warehouses within the City will further limit the already limited amount of industrial land available in the City for industrial and commercial uses that produce jobs and tax revenues for the local economy and the City. B. The potential loss of industrial/commercial jobs and tax revenues negatively impacts the public welfare. C. An overconcentration of commercial self-storage facilities/self-storage mini warehouses in the community conflicts with City's General Plan Land Use Element Goal 1 and Policies 1.6 and 7.1, which state the following: Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. Policy 1.6: Ensure an adequate supply of commercial and industrial land within the City of Tustin for potential commercial and industrial expansion and development. .oc Policy 7.1: Broaden the City's tax based by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. D. The issuance or approval of any business license, permit or other entitlement for the establishment or expansion of commercial self-storage facilities/ self- storage mini warehouses is a threat to the public health, safety, and welfare in that there are no specific standards or regulations in the City's municipal code that comprehensively address the potential negative effects associated with an overconcentration of such facilities. E. In order to address the above-described concerns regarding the proposed establishment of additional or expanded commercial self storage facilities/self-storage mini warehouses, it is necessary for the City to study amendments to the City's Code in order to address the potential overconcentration of commercial self-storage facilities/ self-storage mini warehouses in the City. F. Based on the foregoing, the City Council finds that there is a current and immediate threat to the public welfare and that allowing the establishment, issuing permits: ~siness licenses, or other applicable entitlements providing for the establishment and/or operation of new or expanded commercial self-storage facilities/self-storage mini warehouses would result in that threat to the public welfare, and therefore, a temporary moratorium on the issuance of permits, licenses, and entitlements and the establishment of such uses or expanded uses is necessary. SECTION 3. For the period of this Ordinance, no new or expanded commercial self-storage facilities/self-storage mini-warehouses shall be permitted, licensed, or otherwise approved for use and operation in the City. SECTION 4. For purposes of this ordinance, "commercial self storage facility/ self-storage mini warehouse" means a structure or structures containing separate, individual, and/or private storage spaces of varying sizes which is leased or rented for varying periods of time. SECTION 5. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated City Code review. SECTION 6. Ten (10) days prior to the expiration of this interim urgency ordinance, or an extension thereof, the City Council shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this ordinance. 2 SECTION 7. This interim urgency ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to California Government Code Section 65090 and a public hearing, the City Council extends this interim urgency ordinance for an additional period of time pursuant to California Government Code Section 65858. SECTION 8. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction such decision shall not affect the validity of effectiveness or the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 15th day of August, 2005. LOU BONE, MAYOR PAMELA STOKER, CITY CLERK 3 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF TUSTIN ) ORDINANCE NO. 1300 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was passed and adopted at a regular meeting of the City Council held on the 15th day of August, 2005, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: .oc 4