HomeMy WebLinkAboutORD 1300 (2005)
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 pattem 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.
Ordinance No. 1300
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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 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, business 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
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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.
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. ~ Þ ~
LOU BONE
Mayor
~9~
PA LA S
City Clerk
Ordinance No. 1300
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
)SS
)
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, 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:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE, KAWASHIMA
NON!!:
(4)
(0)
(0)
(1)
NONE
HAGEN
~~
PA STOK ,
City Clerk
Ordinance No. 1300
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