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HomeMy WebLinkAboutOrd 2001-2836 This Ordinance expires 90-days from date of adoption per Municipal Code Section 19.12.130 ORDINANCE NO. 2836 ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITiNG THE ESTABLISHMENT OR EXPANSION OF OUTDOOR STORAGE USES, AND TOLLiNG THE OPERATION OF EXISTING OUTDOOR STORAGE USES WITHIN THE REDEVELOPMENT PROJECT AREAS WHEREAS, the City's redevelopment project areas were formed in order to eliminate various conditions of blight; and WHEREAS, the redevelopment plans for the various redevelopment project areas contain goals, objectives, policies, and programs directed at the elimination of blight within the project areas; and WHEREAS, the Implementation Plan for the Otay Valley Road Redevelopment Project Area sets forth policy that directs the Redevelopment Agency to evaluate the ongoing operation of auto recycling facilities, which involve outdoor storage, and to develop land use policy that is consistent with the goals and objectives of the redevelopment plan; and WHEREAS, it would be prudent and appropriate for the City Council to broaden the scope of the policy direction to include all uses involving outdoor storage, which is the essential character of similar land uses that should also be evaluated, and to also include all redevelopment project areas, which share common goals and objectives to eliminate blighting influences; and WHEREAS, staff requires adequate time to conduct the required studies and develop appropriate policy recommendations that address where, when, and under what conditions outdoor storage uses would be compatible with surrounding land uses and consistent with land use policies affecting the various redevelopment project areas; and WHEREAS, businesses have recently expressed interest in filing applications to establish or expand land uses involving outdoor storage in the Otay Valley Road Redevelopment Project Area and the Southwest Redevelopment Project Area; and WHEREAS, several businesses with outdoor storage and operating under sunsetting special land use permits in the Otay Valley Road Redevelopment Project Area are likely to file requests in the near future for extensions of time to continue their operations; and WHEREAS, the filing of these pending and potential applications would require extensive staff resources for processing and timely action by the Redevelopment Agency; and WHEREAS, the establishment or expansion of outdoor storage uses would frustrate the necessary studies and create a threat to the orderly and effective implementation of any amendments to land use policies affecting the various redevelopment project areas; and Ordinance 2836 Page 2 WHEREAS, it is the intention of the City Council and Redevelopment Agency to maintain this ordinance in effect only until such time that the City Council and/or Redevelopment Agency adopts any amendments to land use policies affecting outdoor storage in the various redevelopment project areas; and WHEREAS, the Planning and Environmental Manager has determined that this ordinance will not have a physical effect on the environment and is therefore exempt from CEQA under Section 15308, Class 8 (Actions by regulatory agencies for protection of the environment). NOW, THEREFORE, the City Council of the City of Chula Vista do ordain as follows: SECTION 1. Findings. A. The nature of outdoor storage is such that the use could result in visual and economic blight, soil and ground water contamination, other environmental hazards, and incompatibility with other land uses unless adequate location criteria are established along with development standards and operation and maintenance regulations. B. The various redevelopment project areas were formed in order to eliminate conditions of blight. The potential introduction or over proliferation of uses involving outdoor storage without adequate land use and regulatory policies could result in additional blight and the reduction of available land that would hinder the implementation of the various redevelopment plans and the achievement of their goals and objectives. C. Auto recycling uses have been identified as contributing to blighting conditions of the Otay Valley Road Redevelopment Project Area since these uses involve outdoor storage, which can be incompatible with other land uses, result in under-developed land, create the potential for soil and ground water contamination, and result in visual blight. D. The land use policies that regulate outdoor storage in the various redevelopment project areas are inadequate and fail to address the goals and objectives of the redevelopment plans and are in need of revision and updating. Further, the City will not have the ability to make informed decisions regarding the permitting of uses involving outdoor storage until staff has completed the necessary studies of these types of uses. E. This is a matter of importance to the various redevelopment project areas and is not directed towards any particular parcel of property or proposed use. SECTION 2. Tolling of Existing Outdoor Storage Uses. Within all redevelopment project areas, the expiration period for any special land use permit or other entitlement, existing on the effective date of this ordinance, for the operation of a use with outdoor storage shall be tolled while this ordinance is in effect. Thereafter, the remaining balance of the expiration period shall commence upon repeal of this ordinance. SECTION 3. Prohibition of New Outdoor Storage Uses. Ordinance 2836 Page 3 Within all redevelopment project areas, no application, permit, or other entitlement for the establishment, expansion, or extension of time for the operation of a use involving outdoor storage shall be accepted, processed, or approved while this ordinance is in effect, unless such application, permit, or other entitlement is deemed complete prior to the effective date of this ordinance. SECTION 4. Exceptions. The classes of uses, projects, or permits listed in this section shall be exempt from the provisions of Sections 2 and 3 of this ordinance. Exempted uses shall be subject to all applicable requirements of the Municipal Code. a) Storage or parking of operable vehicles for sale, lease, or rental; b) Facilities and operations of public and quasi-public agencies and utilities; c) Temporary, on-site storage of materials and equipment for new construction; d) Permits for grading; e) Plant nurseries; and f) Incidental outdoor storage not exceeding 20 percent of the gross floor area of buildings devoted to a primary use. SECTION 5. Effective Date. This ordinance is adopted under the provisions of the Municipal Code of the City of Chula Vista and shall become effective thirty days after its adoption. Presented by Approved as to form by Chris Salomone Jo~(n IvlYK,aheny ~ Community Development Director City A~ornL',3( Ordinance 2836 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of June, 2001, by the following vote: AYES: Councilmembers: Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Davis Shirley Horto~ i~y~or ATTEST: Susan Bigelow, City Clerk~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2836 had its first reading at a regular meeting held on the 29th day of May, 2001, and its second reading and adoption at a regular meeting of said City Council held on the 5th day of June, 2001. Executed this 5th day of June, 2001. Susan Bigelow, City Clerk