2015/05/12 City Council Ordinance 888ORDINANCE NO. 888
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, ESTABLISHING A TEMPORARY MORATORIUM
ON AND PROHIBITING THE ISSUANCE OF PERMITS OR OTHER ENTITLMENTS
FOR THE ESTABLISHMENT, EXPANSION OR RELOCATION OF ANY BOAT, RV,
AND OUTDOOR STORAGE FACILITY, SELF -STORAGE FACILITY, OR VEHICLE
STORAGE YARD PENDING THE REVIEW AND POSSIBLE AMENDMENT OF
ZONING AND OTHER REGULATIONS TO SUCH FACILITIES, TO BECOME
EFFECTIVE IMMEDIATELY
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in
Government Code Sections 65868 and 36937 and pursuant to other applicable law.
SECTION 2. Findings.
A. Pursuant to Article XI, Section 7 of the California Constitution, the City of Rohnert Park may make
and enforce all regulations and ordinances using its police powers.
B. The stated purpose of the Rohnert Park Zoning Code, codified as Chapter 17 of the Rohnert Park
Municipal Code (RPMC), is to manage future development and growth consistent with the
Rohnert Park General Plan and ensure that development creates harmonious, convenient,
workable relationship among land uses.
C. Under RPMC Chapter 17.06, the land uses identified as Boat, RV, and Outdoor Storage Facility,
Self -Storage Facility and Vehicle Storage Yard are permitted subject to the issuance of
conditional use permits in the I -L Limited Industrial Zoning District. These land uses are further
regulated pursuant to RPMC Chapter 17.07, Land Use Footnotes/Special Provisions.
D. The City currently has limited regulations related to any Boat, RV, and Outdoor Storage Facility,
Self -Storage Facility and Vehicle Storage Yard (collectively referred to as "Storage Facilities").
Storage Facilities have a potentially significant impact on the public health, safety and welfare.
E. Existing Storage Facilities within Rohnert Park have a documented high level of calls for service
from the City of Rohnert Park, Public Safety Department, including instances of theft and assault
The establishment of comprehensive regulations for the issuance of permits for Storage Facilities
would serve to reduce the risk of illegal and potential injurious activity.
Storage Facilities, including self -storage units and RV parking areas have the potential to provide
illegal living quarters. This City has a documented case of persons residing in a self -storage unit
for an extended period of time. Based on the characteristics of these use types, residential
occupancy may be difficult to prevent without additional regulations.
G. The establishment of additional storage facilities according to the current provisions of the zoning
code may be inconsistent with the City of Rohnert Park, General Plan 2020 which has stated
goals that include, but are not limited to, the promotion of a diverse jobs base, the creation of
pedestrian -oriented activity centers that serve as community focal points, and the preservation
and enhancement of the visual character of scenic corridors. Storage facilities typically lack
architectural design details, result in very little pedestrian activity and employ very few people
H. Government Code sections 65858 and 36937 authorize the adoption of an interim urgency
ordinance to protect the public health, safety and welfare, and to prohibit otherwise permitted land
uses when those uses may conflict with land use regulations that the City's legislative bodies are
considering, studying or intending to study within a reasonable time.
The City published notice of the public hearing to consider the adoption of this interim urgency
ordinance in accordance with Government Code § 65090, held a public hearing on May 12th, and
considered the public's testimony.
The City Council hereby determines that the RPMC is in need of further review and possible
revision to protect the public against potential negative health, safety, and welfare impacts and to
address potential deficiencies in its Code associated with Storage Facilities. Further, time is
required for staff to study and analyze whether to limit such businesses to certain zoning districts,
which districts would be appropriate for such uses, and what design and operating restrictions
and conditions would advance the public's interest.
K. Failure to adopt this moratorium would impair the orderly and effective implementation of
contemplated amendments to the RPMC, and any further authorization of these Storage Facilities
within the City during the period of the moratorium may be in conflict with or may frustrate the
contemplated amendments to the RPMC
L. The City Council further finds that this moratorium is a matter of local and City-wide importance
and is not directed towards any particular Storage Facility (Boat, RV, and Outdoor Storage
Facility, Self -Storage Facility and Vehicle Storage Yard) that currently seek(s) the issuance of a
permit.
SECTION 3. Imposition of Temporary Moratorium.
A. In accordance with the authority granted the City under Government Code section 65858 and
36837, and pursuant to the findings stated herein, the City Council (1) hereby finds that there
exists a current and immediate threat to the public health, safety, and welfare requiring this
change in the City's permitting provisions for Storage Facilities, (2) further finds that this
ordinance is necessary for the immediate preservation of the public peace, health and safety, and
(3) hereby declares and imposes a temporary moratorium for the immediate preservation of the
public health, safety and welfare as set forth below.
B. The City orders as follows: For a period of forty-five (45) days from and after the date of adoption
of this Ordinance, no permits (including use permits, conditional use permits, special or temporary
permits) or other applicable use entitlement (including variances, building permits, or business
licenses) under Chapters 17 of the RPMC may be issued for the establishment or operation of a
new Storage Facilities within the City, except as otherwise provided for herein. In addition, no
existing Storage Facilities may be relocated or expanded, whether by means of additional space,
construction of new facility, or by reconfiguration
C. The moratorium set forth above shall not apply to the renewal of any existing business license for
a Storage Facility (provided the renewal seeks to maintain the business in the existing location)
D. For purposes of this Ordinance, the terms Storage Facility shall include the following land use
categories identified in Chapter 17.06 of the RPMC: (1) Boat, RV, and Outdoor Storage Facility;
(2) Self -Storage Facility; and (3) Vehicle Storage Yard.
E. Establishment or operation of unpermitted Storage Facilities in the City of Rohnert Park shall be a
public nuisance per se, enforceable by any applicable law, including but not limited to injunctions,
administrative citations or criminal penalties.
SECTION 4. Legal, Operational and Planning Study. The Planning Department and the City
Attorney's Office are directed to study and analyze issues related to the establishment, permitting, and
operation of Storage Facilities within the City, and their potential impacts on public health, safety and
welfare of the community, the desirability of such Storage Facilities in various zones, and the extent of
regulatory controls, if any, to impose on such Storage Facilities. The City Council directs that all studies
be pursued as expeditiously as practicable. In order to prevent frustration of these studies and the
implementation of new regulations, the public interest, health, safety, and welfare require immediate
enactment of this Ordinance.
SECTION 5. Written Report. Pursuant to Government Code section 65858, staff must prepare
for consideration and issuance by the City Council a written report describing the measures taken to
address the conditions which led to adoption of this Ordinance. The report will be provided to the City
Council so that it may be considered and issued no later than ten (10) days prior to the expiration of this
Ordinance.
SECTION 6. Environmental Review. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to 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) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment pending the completion
of the contemplated municipal code review.
SECTION 7. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. Effective Date and Duration This ordinance is an urgency ordinance enacted
under California Government Code sections 65858(a) and 36937. This urgency ordinance is effective
upon adoption by a four-fifths (4/5) vote of the City Council and will extend for a period of forty-five (45)
days from the date of adoption at which time it will automatically expire unless extended by the City
Council in accordance with California Government Code section 65858.
SECTION 9. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced and duly adopted by the City Council of the City of Rohnert Park at the
regular meeting held this 12th day of May 2015 by a four-fifths vote of the City Council as follows:
AYES: Five (5) Councilmembers Callinan, Mackenzie, Stafford,
Belforte and Mayor Ahanotu
NOES: None (0 )
ABSENT: None (0 )
ABSTAINNone (0) /
l
Amy O. Ahanotu, Mayor \
ATTEST:
I(' Anne Buergler
JI Anne
Clerk
APPROVED AS TO FORM:
Michele M. Kenyon
City Attorney