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HomeMy WebLinkAbout01 URG ORD SELF-STORAGE 9-19-05 AGENDA REPORT SEPTEMBER 19, 2005 TO: WilLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: INTERIM URGENCY ORDINANCE NO. 1303 AND WRITTEN REPORT FOR INTERIM URGENCY ORDINANCE NO. 1300 SUMMARY On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300, a 45-day moratorium on the establishment and operation of new or expanded commercial self-storage facilities, including self-storage mini warehouses ("Self-Storage Uses") within the City of Tustin. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Interim Urgency Ordinance No. 1303 is an urgency measure proposed by the City of Tustin to extend Ordinance No. 1300 for a period of ten (10) months and fifteen (15) days. The Ordinance would prohibit the issuance of permits that would allow the establishment and operation of Self Storage Uses during the period of the urgency ordinance. During this time, staff would complete a study of potential code amendments to the City's land use regulations that are needed to address the current and immediate threat to the public health, safety, and welfare. RECOMMENDATION: That the City Council: 1. Issue this written report required by Government Code Section 65858 by Minute Motion. 2, Hold a public hearing and adopt Interim Urgency Ordinance No. 1303 by at least a four-fifths vote. FISCAL IMPACT: The written report required by Government Code Section 65858 and Interim Urgency Ordinance No. 1303 are City-initiated projects. There is no direct fiscal impact associated with the written report or the proposed Ordinance. City Council Report September 19, 2005 Interim Urgency Ordinance No. 1303 Page 2 ENVIRONMENTAL: The written report required by Government Code Section 65858 and Interim Urgency Ordinance No. 1303 are 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 both have no potential for resulting in physical changes to the environment, directly or indirectly. BACKGROUND AND DISCUSSION: The approximately 70,000 residents of the City of Tustin ("City") are currently served by seven (7) existing commercial self-storage facilities/self-storage mini warehouses located in the City. The locations of these facilities are depicted on the attached map. The map also shows the location of one (1) proposed self-storage facility and the locations of three (3) moving and storage companies. The temporary moratorium on commercial self- storage facilities and self-storage mini warehouses does not apply to moving and storage companies, but it would apply to the proposed facility. Due to the continuing influx of self storage facilities, City staff is concerned that an overconcentration of these facilities in Tustin may occur. In fact, a development application for a new self-storage facility in Tustin is currently under review, and the owner of an existing facility has inquired about expanding the facility. 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. City Council Report September 19, 2005 Interim Urgency Ordinance No. 1303 Page 3 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 industrial/commercial jobs and tax revenues negatively impacts the public welfare. On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300. The Ordinance prohibits the issuance of permits that would allow the establishment and operation of Self Storage Uses during the period of the urgency ordinance. Pursuant to Government Code Section 65858, ten (10) days prior to the expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Written Report Reauired by Government Code Section 65858 Since the adoption of Interim Urgency Ordinance No. 1300, the following measures have been taken to alleviate the conditions described above which led to the adoption of the Ordinance. . City staff has completed a survey of the existing and proposed (new or expansion) commercial self-storage facilities, including self-storage mini warehouses, recreational vehicle storage facilities, and other types of personal storage facilities. . City staff has conducted a survey of all Orange County cities to determine the requirements for storage facilities in other cities within the County. . City staff has collected ordinances and code sections pertaining to self-storage facilities from a sampling of cities statewide. . City staff has analyzed the acreage of land in Tustin devoted to self-storage facilities to determine the percentage of industrial land devoted to self-storage uses. . City staff has prepared the attached map to show the locations of the existing personal storage facilities in the City of Tustin. The information that has been collected will be used to prepare a study of potential code amendments to the City's land use regulations that will address the overconcentration of storage facilities in the City of Tustin. More time is needed for staff to propose code amendments that would alleviate the threat to the public health, safety, and welfare. Interim Uraency Ordinance No. 1303 Adoption of Interim Urgency Ordinance No. 1303 would extend Ordinance No. 1300, a temporary moratorium on the establishment and operation of new or expanded City Council Report September 19, 2005 Interim Urgency Ordinance No. 1303 Page 4 commercial self-storage facilities, including self-storage mini warehouses, within the City of Tustin for a period of ten (10) months and fifteen (15) days pending the completion of 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. Findings in support of the adoption of Interim Urgency Ordinance No. 1303 are included within the Ordinance. The City Attorney has reviewed and approved the form and content of the proposed Interim Urgency Ordinance No. 1303. Juft~ Scott Reekstin Senior Planner ~~~~k Elizabeth A. Binsack Director of Community Development Attachments: Map of Tustin storage facilities Interim Urgency Ordinance No. 1303 S:\Cdd\CCREPOR1\SeW Storage Moratorium Combined Report.doc ~ TUSTIN --.__..~~"."-"-D_- CITY -.--- -,..~,- MAP -..-- ="~""~' Tustin Storaae Facilities 1. 550 West Sixth Street Self-storage 2. 1431 EI Camino Real Self-storage 3. 1621 Edinger Avenue Self-storage 4. 1611 Parkway Loop Self-storage 5. 3125 Warner Avenue Self-storage 6. 14861 Franklin Avenue Self-storage 7. 2681 Walnut Avenue Self-storage 8. 2631 Michelle Drive Proposed Self-storage 9. 14352 Chambers Road Moving and Storage 10. 2721 Michelle Drive Moving and Storage 11. 2942 Dow Avenue Moving and Storage ORDINANCE NO. 1303 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING ORDINANCE NO. 1300, 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 TEN (10) MONTHS AND FIFTEEN (15) 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. After Notice and Public Hearing in accordance with State Law, the extension of Interim Urgency Ordinance No. 1300 is adopted pursuant to Section 65858 of the California Government Code. SECTION 2. The City Council hereby finds, determines and declares that the extension of the interim urgency ordinance is necessary because: A. The approximately 70,000 residents of the City of Tustin ("City") are currently served by seven (7) 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. .00 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, more time is needed 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, an extension of the 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. .00 2 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 ten (10) months and fifteen (15) 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 19th day of September, 2005. LOU BONE, MAYOR PAMELA STOKER, CITY CLERK .oc 3 ORDINANCE CERTIFICATION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF TUSTIN ) ORDINANCE NO. 1303 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 19th day of September, 2005, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: 4