2015/06/09 City Council Ordinance 889ORDINANCE NO. 889
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, EXTENDING THE CITY'S 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. T{indinp-s. The City Council finds as follows:
A. On May 12, 2015, pursuant to Government Code sections 36937 and 65858(b), following
notice and a public hearing, the City Council adopted Urgency Ordinance No. 888 establishing a
45 -day moratorium on the issuance of any new permit, license approval, or entitlement
pertaining to any Boat, RV and Outdoor Storage Facility, Self -Storage Facility, or Vehicle
Storage Yard (the "Interim Ordinance").
B. Pursuant to Government Code section 65858(b), the City may, after notice and a public
hearing, extend the Interim Ordinance for an additional period of up to 22 months and 15 days.
C. Based on substantial evidence in the record, the Development Services Director has
determined that the approval or issuance of permits for Boat, RV and Outdoor Storage Facility,
Self -Storage Facility, or Vehicle Storage Yard ("Storage Facilities") presents an immediate
threat to and specific adverse impact upon the public health safety and welfare of the community.
D. On June 9, 2015, the City Council held a duly noticed public hearing to consider
extending Ordinance No. 888 for an additional twenty-two (22) months and 15 days from the
date Ordinance No. 888 expires.
E. The City Council considered all of the written and oral testimony offered at the duly
noticed public hearing held on June 9, 2015, concerning whether to extend Ordinance No. 888.
F. The factual basis for extending the Interim Ordinance includes the following:
1. The recitals, provisions and findings made in Ordinance No. 888 are hereby
reaffirmed, readopted and incorporated by reference as though they were fully restated
herein.
2. The City desires to further study the potential effects of Storage Facilities on the
public health, safety, and welfare, in order to determine whether reasonable conditions
and/or restrictions, such as those imposed by neighboring jurisdictions should be placed
on Storage Facilities.
3. City Staff is reviewing RPMC Chapter 17 as well as the provisions of neighboring
jurisdictions. However, as provided for in the staff report, which is incorporated by
reference, the City Council finds that staff needs additional time to study, review and
make an informed recommendation regarding possible amendments to RPMC that would
impose reasonable regulations and/or restrictions on Storage Facilities.
4. Once a draft ordinance is prepared, the legislation must first be review by the
Planning Commission and the City Council and the public at two meetings, and if
adopted, the ordinance would not go into effect for an additional 30 days.
5. In order to avoid a lapse in the moratorium it is necessary that the Interim
Ordinance by extended.
6. 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.
7. 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.
8. The presence of Storage Facilities, unless reasonably regulated, can create
potential nuisances for a community, including, but not limited to, visual blight, aesthetic
concerns, public safety issues, disruption to the use enjoyment, and property value of
property adjacent to such uses. The City has a legitimate interest in providing reasonable
safeguards against injury and economic lose to such patrons.
9. 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.
10. 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.
11. 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.
12. The City of Rohnert Park, General Plan 2020 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
13. The establishment of new reasonable standards and/or restrictions for the issuance
of permits for Storage Facilities and regulations on the operation of Storage Facilities will
serve to reduce the public safety risks and aesthetic impacts as well as ensure compatible
land uses.
14. The absence of this ordinance would create a serious threat to the orderly and
effective implementation of any RPMC amendments that may be adopted in that the
issuance of permits to Storage Facilities within the City may be in conflict with or
frustrate the contemplated RPMC amendments.
G. Pursuant to Government Code section 65858(d), the City has issued a report relative to
the steps taken to alleviate the conditions that necessitate the adoption of the Interim Ordinance,
which report is incorporated by this reference.
H. The City Council finds that there is a current and immediate threat to the public health,
safety, and welfare based on the above findings, and upon that basis has determined that an
extension of the moratorium prohibiting the issuance of new permits for Storage Facilities is
warranted.
SECTION 2. Extension of Moratorium. The City Council orders that, pursuant to the authority
granted to the City Council by California Government Code Section 65858 to protect the health,
safety, and general welfare of the residents of the City of Rohnert Park, the City Council hereby
extends Ordinance No.888 which established a moratorium on Storage Facilities as follows:
A. 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 Chapter 17 of the RPMC may be issued for the establishment or operation of a new
Storage Facility within the City except as otherwise provided for herein. In addition, no existing
Storage Facility may be expanded, whether by means of additional space, construction of new
facility, or by reconfiguration. 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).
B. For purposes of this Ordinance, the terms Boat, RV, and Outdoor Storage Facility, Self -
Storage Facility and Vehicle Storage Yard (collectively referred to as "Storage Facility") shall
have the meaning and interpretation provided in RPMC, Title 17;
C. Establishment or operation of an unpermitted Storage Facility 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 3. Lep_al, Operational and Planninp, 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 4. 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 5. 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 6. Effective Date and Duration. This ordinance is an urgency ordinance enacted
under California Government Code sections 65858(a). This urgency ordinance is effective upon
adoption by a four-fifths (4/5) vote of the City Council and, unless terminated sooner by the City
Council, will extend for a period of 22 months and 15 days from the date of adoption at which
time it will automatically expire.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
PASSED, APPROVED AND ADOPTED this 9" day of June, 2015 by the following
vote:
AYES: Five (5) Councilmembers Callinan, Mackenzie, Stafford
NOES: None (0 )
Belforte and Mayor Ahanotu
ABSENT: None (0 )
ABSTAIN: None (0 )
Amy O. Ahanotu, Mayor
ATTEST:
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Anne Buergler
City Clerk
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Midhele Marchetta Kenyon
City Attorney