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Home My WebLink AboutORD 1303 (2005) 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 over-concentration 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. Ordinance No. 1303 Page 1 of4 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 over-concentration 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 over-concentration 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. Except that the Community Development Director, Planning Commission, and/or City Council (in the case of an appeal), may act on applications for expansions of existing facilities and/or pending applications for new self storage uses and/or applications related to the establishment of self storage uses at 14861 Franklin Avenue and 2631 Michelle Drive without regard to the prohibitions in this ordinance. 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 Ordinance No. 1303 Page 2 of 4 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. 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 for the City of Tustin on this 19th day of September, 2005. ~ ~/Ü(/ LOU BONE Mayor ATTEST: ~~~ PA ELA STOKER City Clerk Ordinance No. 1303 Page 3 of 4 STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced and adopted at a regular meeting of the City Council of the City of Tustin duly held on September 19, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; by the following vote: COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE (5) (0) (0) (0) rQ/h~~ PAMELA STOKER, City Clerk Ordinance No. 1303 Page 4 of 4