HomeMy WebLinkAbout08 ADOPT ORD 1313: MINI & SELF STORAGE 07-03-06
AGENDA REPORT
MEETING DATE: JULY 3,2006
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1313 SECOND READING - CODE AMENDMENT
06-002 AND WRITTEN REPORT FOR INTERIM URGENCY
ORDINANCE
SUMMARY:
The proposed ordinance will approve Code Amendment 06-002 which 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.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1313 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On June 19, 2006, the City Council had first reading by title only and introduction of the
following Ordinance:
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
Maria R. Huizar,
Chief Deputy City Clerk
ATTACHMENT: Ordinance
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 Califomia
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 1055 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 DAVERT
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