HomeMy WebLinkAboutOrd 2001-2836-A ORDINANCE NO. 2836-A
URGENCY ORDINANCE OF THE CITY 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
WHEREAS, Municipal Code Section 19.12.130 allows the City Council to adopt an
interim ordinance as an urgency measure to protect the public safety, health, and welfare without
following the procedures otherwise required preliminary to the adoption of a zoning ordinance if
passed by a four-fifths vote; and
Ordinance 2836-A
Page 2
WHEREAS, such interim ordinance shall be of no further force and effect ninety days
from the date of adoption thereof; provided however, that after the required notice and public
hearing pursuant to Sections 19.12.060 through 19.12.080 of the Municipal Code, the City
Council may, by a four-fifths vote, extend such interim ordinance for one year, and subsequently
for one additional year; and
WHEREAS, it is the intention of the City Council to maintain an interim ordinance in
effect only until such time that the City Council 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 does 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. Finding of Urgency.
The immediate adoption of this ordinance is necessary to protect the public safety, health,
and welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would create a serious threat to the
Ordinance 2836-A
Page 3
orderly and effective implementation of any land use policies that would be adopted as a result of
the necessary studies, in that the further development of uses involving outdoor storage in the
various redevelopment project areas may conflict with the provisions of the adopted land use
policies.
SECTION 3. 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 expiration or repeal of this
ordinance.
SECTION 4. Prohibition of New Outdoor Storage Uses.
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 5. Exceptions.
The classes of uses, projects, or permits listed in this section shall be exempt from the
provisions of Sections 3 and 4 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 6. Effective Date.
This interim ordinance is adopted under the provisions of the Municipal Code of the City
of Chula Vista and shall take effect and be in full force immediately upon its passage by a four-
fifths vote of the City Council.
SECTION 7. Expiration Date.
This interim ordinance shall be of no further force and effect ninety days from the date of
adoption.
Presented by Approved as to form by
Ordinance 2836-A
Page 4
Ch'S omone J~m'IV3~aheny t/ ~ /I ~
Community Development Director (~Atto~y kx~ x~ ~
PASSED, ,~APPROVED, and ADOPTED by the CRy-Council of th're-C-i~of Chula Vista,
California, this 29L" day of May, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hort~[, Mayor
ATTEST:
Susan Bigelow, City Cler~
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 City
Council Ordinance No. 2836-A was passed as an urgency measure on the 29th day of May, 2001.
Executed this 29th day of May, 2001.
Susan Bigelow, City Clerk