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Home My WebLink AboutORD 1313 (2006) 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 FACILlTIES/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 Ordinance No. 1313 Page 1014 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. G. That the approximately 70,000 residents of the City of Tustin ("City") are currently seNed 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 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 seNices, while maintaining a healthy, diversified economy adequate to provide future City seNices. 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. repealed. Sections 9242b(k) and 9242c(c)5 of the Tustin City Code are hereby Ordinance No. 1313 Page 2 of 4 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. 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. ~ ~oO~ PAMELA STOKER City Clerk Ordinance No. 1313 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 at a regular meeting of the City Council of the City of Tustin duly held on June 19,2006, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on July 3, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: DAVERT NONE NONE NONE HAGEN. AMANTE. BONE. KAWASHIMA (,) (0) (0) (0) lt0}('lQOC)~ PAMELA STOKER, City Clerk Ordinance No. 1313 Page 4 of4