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Home My WebLink About02 CA 06-002 Report to the Planning Commission ITEM #2 i(V ,m v.s~ DATE: JUNE 12, 2006 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-002 (COMMERCIAL SELF-STORAGE FACILITIES/SELF-STORAGE MINI WAREHOUSES) RECOMMENDATION That the Planning Commission adopt Resolution No. 4023 recommending that the City Council adopt Code Amendment No. 06-002 to repeal Tustin City Code Sections 9242b(k) and 9242c(c)(5) and to amend Subsection B of Section VI of the Irvine Industrial Complex Planned Community District Regulations and to amend Subsection 1.E. of Section I of the Irvine Industrial Complex (Redhill) Planned Community District Regulations to remove "self-storage mini warehouse" as a permitted use in the Industrial (M) Zoning District and in the Irvine Industrial Complex Planned Communities. 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 totaling approximately 415,000 square feet. In addition, one new facility and one facility expansion totaling approximately 364,000 square feet were approved in 2005 that have not been completed. The locations of these facilities are depicted on the attached map. The map also shows the locations of three (3) moving and storage companies. However, the proposed code amendment does not apply to moving and storage companies. Due to the continuing influx of self-storage facilities, City staff is concerned that there is an overconcentration of these facilities in Tustin. An overconcentration of commercial self- storage facilities/self-storage mini warehouses in the community would conflict with the City's General Plan Land Use Element Goal 1 and Policies 1.6 and 7.1, which state the following: Planning Commission Report Code Amendment 06-002 June 12, 2006 Page 2 . 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. On August 15, 2005, the City Council adopted Interim Urgency Ordinance No. 1300. The Ordinance prohibited the issuance of permits that would allow the establishment and operation of Self Storage Uses during the period of the urgency ordinance. Ordinance No. 1300 was subsequently extended by the adoption of Urgency Ordinance No. 1303 on September 19, 2005. Urgency Ordinance No. 1303 will expire on August 15,2006, unless it is extended for an additional year pursuant to Section 65858 of the California Government Code. 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. Planning Commission Report Code Amendment 06-002 June 12, 2006 Page 3 · City staff has prepared the attached map to show the locations of the existing personal storage facilities in the City of Tustin. Based on the information collected, there will be a self-storage supply factor of approximately ten (10) square feet per Tustin resident once the proposed facility at 2631 Michelle Drive and the expanded facility at 14861 Franklin Avenue are completed and available. This supply factor is significantly greater than, and about three times larger than, the 2004 Orange County supply factor of 3.3 square feet per person, which is noted in the Self Storage Almanac. To address the overconcentration of self-storage facilities in the City of Tustin, staff has prepared Code Amendment 06-002, which is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. Ordinance No. 1313 Adoption of Ordinance No. 1313 would remove "self-storage mini warehouses" as a permitted use in the industrial (M) Zoning District and in the Irvine Industrial Complex Planned Communities. New or expanded commercial self-storage facilities/self-storage mini warehouses would no longer be permitted nor conditionally permitted in the City of Tustin. Following the adoption of Ordinance No. 1313, existing legally established self-storage facilities in the City could continue to operate, provided they maintain a valid City of Tustin Business License and are not abandoned. The proposed facility at 2631 Michelle Drive and the proposed expansion of the facility at 14861 Franklin Avenue, which have received entitlements from the City of Tustin, may be established provided that the existing entitlements do not expire. Existing or proposed recreational vehicle storage facilities and moving and storage companies are not categorized as commercial self-storage facilities or self-storage mini warehouses and are not subject to Ordinance No. 1313. Findings in support of the adoption of Ordinance No. 1313 are included within the Ordinance. ENVIRONMENTAL ANALYSIS The proposed amendment 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. Planning Commission Report Code Amendment 06-002 June 12, 2006 Page 4 CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 06-002. ~~~ Scott Reekstin Senior Planner Attachments: Map of Tustin storage facilities Resolution No. 4023 Draft Ordinance No. 1313 S:\Cdd\PCREPOATlCA 06-002 (Self Storage).doc ~~ A'~:- i Elizabeth A. Binsack Community Development Director ATTACHMENT A Map of Tustin Storage Facilities Btj ~- TUSTIN CITY MAP LEGl!ND --~ -..,.,,- --"""'''-lG'IeIII 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 ATTACHMENT B Resolution No. 4023 RESOLUTION NO. 4023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-002 TO REPEAL TUSTIN CITY CODE SECTIONS 9242b(k), and 9242c(c)(5); AMEND SUBSECTION B OF SECTION VI OF THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS; AND AMEND SUBSECTION 1.E. OF SECTION I OF THE IRVINE INDUSTRIAL COMPLEX (REDHILL) PLANNED COMMUNITY DISTRICT REGULATIONS RELATING TO COMMERCIAL SELF-STORAGE FACILITIES/SELF-STORAGE MINI WAREHOUSES. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That on August 15, 2005, the City Council adopted Urgency Ordinance No. 1300, a temporary moratorium on the establishment and operation of new or expanded commercial self-storage facilities/self-storage mini warehouses, which was subsequently extended by the adoption of Urgency Ordinance No. 1303 on September 19, 2005. B. That Urgency Ordinance No. 1303 will expire on August 15, 2006, unless it is extended for an additional year pursuant to Section 65858 of the California Government Code. C. That the proposed code amendment has been prepared to remove "self- storage mini warehouses" as a permitted use in the Industrial (M) Zoning District and in the Irvine Industrial Complex Planned Community. D. That on June 12, 2006, a public hearing was duly noticed, called, and held on Code Amendment 06-002 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code Amendment 06-002. E. 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. Resolution No. 4023 Page 2 F. That 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 totaling approximately 415,000 square feet. In addition, one new facility and one facility expansion totaling approximately 364,000 square feet were approved in 2005 that have not been completed. 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. G. That the potential loss of industrial/commercial jobs and tax revenues negatively impacts the public welfare. H. That 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. 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. I. That the proposed amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. II. The Planning Commission hereby recommends that the City Council approve the ordinance adopting Code Amendment 06-002, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 12th day of June, 2006. NATHAN MENARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4023 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4023 was duly passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 12th day of June, 2006. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT C Draft Ordinance No. 1313 ORDINANCE NO. 1313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING TUSTIN CITY CODE SECTIONS 9242b(k), and 9242c(c)(5); AMENDING SUBSECTION B OF SECTION VI OF THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY DISTRICT REGULATIONS; AND AMENDING SUBSECTION 1.E. OF SECTION I OF THE IRVINE INDUSTRIAL COMPLEX (REDHILL) PLANNED COMMUNITY DISTRICT REGULATIONS RELATING TO COMMERCIAL SELF-STORAGE FACILITIES/SELF-STORAGE MINI WAREHOUSES. The City Council of the City of Tustin does hereby ordain as follows: Section I. The City Council finds and determines as follows: A. That on August 15, 2005, the City Council adopted Urgency Ordinance No. 1300, a temporary moratorium on the establishment and operation of new or expanded commercial self-storage facilities/self-storage mini warehouses, which was subsequently extended by the adoption of Urgency Ordinance No. 1303 on September 19, 2005. B. That Urgency Ordinance No. 1303 will expire on August 15,2006, unless it is extended for an additional year pursuant to Section 65858 of the California Government Code. C. That the proposed code amendment has been prepared to remove "self- storage mini warehouses" as a permitted use in the Industrial (M) Zoning District and in the Irvine Industrial Complex Planned Community. D. That on June 12, 2006, a public hearing was duly noticed, called, and held on Code Amendment 06-002 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code Amendment 06-002. E. That on June 19,2006, a public hearing was duly noticed, called, and held on Code Amendment 06-00x by the City Council. F. 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. Ordinance No. 1313 Page 2 G. That 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 totaling approximately 415,000 square feet. In addition, one new facility and one facility expansion totaling approximately 364,000 square feet were approved in 2005 that have not been completed. 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. H. That the potential loss of industrial/commercial jobs and tax revenues negatively impacts the public welfare. I. That 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. 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. J. That the proposed amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. Section II. Sections 9242b(k) and 9242c(c)5 of the Tustin City Code are hereby repealed. Section III. Subsection b(5) of Subsection B of Section VI of the Irvine Industrial Complex Planned Community District Regulations is amended as follows: 5) Industries engaged in the distribution and/or storage or warehousing, except commercial self-storage facilities or self-storage mini warehouses. Ordinance No. 1313 Page 3 Section IV. Subsection 1.E. of Section I of the Irvine Industrial Complex (Redhill) Planned Community District Regulations is amended as follows: E. Distribution and Warehousing Plants, except commercial self-storage facilities or self-storage mini warehouses. Section V. For purposes of this ordinance, "commercial self storage facility or 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 VI. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of July, 2006. DOUG DA VERT Mayor PAMELA STOKER City Clerk Ordinance No. 1313 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1313 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 5; that the above and foregoing Ordinance No. 1313 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 19th day of June, 2006 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 3rd day of July, 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk