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HomeMy WebLinkAbout2010-09-28 - AGENDA REPORTS - MORATORIUM RETAIL AUTOS (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by September 28, 2010 Carl Newton ADOPTION OF AN URGENCY ORDINANCE ENTITLED "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO THE RETAIL SALE OF NEW OR USED AUTOMOBILES AND LIGHT TRUCKS ANYWHERE IN THE CITY OF SANTA CLARITA ". City Manager's Office RECOMMENDED ACTION City Council adopt an Urgency Ordinance entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA-CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO THE RETAIL SALE OF NEW OR USED AUTOMOBILES AND LIGHT TRUCKS ANYWHERE IN THE CITY OF SANTA CLARITA". BACKGROUND Under Section 17.17.040 of the Santa Clarita Municipal Code, the City has a Vehicle Services Overlay Zone, the purpose of which is to encourage auto -related uses to locate in designated areas to reduce the proliferation of auto -related uses along commercial corridors. The Vehicle Services Overlay Zone does not, however, regulate the location of automobile or light truck retail uses. There has been a recent proliferation, of retail automobile and light trucks sales businesses throughout the City, including areas outside the Vehicle Services Overlay.Zone. The City has been concerned about the negative impacts that these businesses are having and may have on local businesses and the community in general and feel that the current regulatory scheme is inadequate. II As a result, on August 24, 2010, the City Council adopted Urgency Ordinance No. U-1010, a 45 -day moratorium on the issuance of any new permits, licenses, approvals, or entitlements for retail automobile and light truck sales in the City, to allow staff an opportunity to review, study and ultimately revise the City's zoning regulations to address public safety, health and welfare issues related to the location of retail automobile sales businesses. City staff is currently in the midst of this review and is in the process of preparing a zoning code amendment that would likely focus vehicle sales in one central location and regulate the conduct of such businesses. This is a complex process and may include amendments to two existing Specific Plans. As a result, staff needs more time to research and prepare these amendments. Government Code §65858 authorizes the City Council to extend the moratorium for an additional 10 months and 15 days after notice and a public hearing. The proposed urgency ordinance would extend the moratorium on the issuance of any new permit, license, approval, or entitlement pertaining to the retail sale of new or used automobiles and light trucks in the City for an additional 10 months and 15 days. As indicated above, this extension will give City staff needed time to continue to research the issues and prepare appropriate amendments to the zoning code. This is necessary to protect the public safety, health and welfare from the negative impacts of additional retail automobile sales businesses opening in an ad hoc manner throughout the City, including the protection of the City's commercial retail trade, maintenance of property values, and the protection and preservation of the quality of the City's neighbourhoods and commercial zones and corridors from impacts associated with retail auto sales (such as vehicle storage, maintenance, etc.). It is anticipated by staff that the proposed new regulations can be reviewed and and brought to the City Council before the expiration of the moratorium, in which case the moratorium may be lifted at that time. As required by Government Code section 65858(d), the City has issued a written report describing the measures taken to alleviate the conditions that necessitated the adoption of the Initial Interim Ordinance. ALTERNATIVE ACTIONS Other action as determined by Council. FISCAL IMPACT There is no anticipated fiscal impact on the City by this action. The moratorium is in place for 45 days unless extended by the Council after a public hearing. ATTACHMENTS Ordinance - Notice of Public Hearing 10 Day Report ORDINANCE NO. 10 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO THE RETAIL SALE OF NEW OR USED AUTOMOBILES AND LIGHT TRUCKS ANYWHERE IN THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. On August 24, 2010, pursuant to Government Code §36937 and 65858, the City Council adopted Urgency Ordinance No. U-1010 ("Initial Interim Ordinance") to establish a moratorium on the issuance of any new permits, licenses, approvals, or entitlements for retail automobile and light trucks sales businesses throughout the City of Santa Clarita ("City"). The Initial Interim Ordinance, by law, is effective for only 45 days. B. Pursuant to Government Code section 65858, the City may, after notice and a public hearing, extend the moratorium for an additional 10 months and 15 days. C. The factual basis for extending the moratorium includes the following: 1. The City is currently in the process of studying and considering amendments to its zoning regulations to address public safety, health, and welfare issues related to the location of retail automobile sales businesses in the City. The City is working to develop standards that clearly articulate where automobile and light truck retail sales businesses should be allowed within the City. 2. Under Section 17.17.040 of the Santa Clarita Municipal Code, the City has a Vehicle Services Overlay Zone, the purpose of which is to encourage auto -related uses to locate in designated areas to reduce the proliferation of auto -related uses along commercial corridors. 3. There has been a recent proliferation of retail automobile and light trucks sales businesses throughout the City, including areas outside the Vehicle Services Overlay Zone. Consequently, the City is concerned about the negative impacts that these automobile retail businesses are having and may have on local businesses and the community in general, including, but not limited to, on and off-site vehicle storage and maintenance, as well as parking and signage impacts. 4. The City Council finds that the current regulatory scheme in the code regarding where retail automobile and light trucks sales businesses may be located is inadequate. 5. The City imposed a moratorium on the issuance of any new permits, licenses, NMI approvals, or entitlements for retail automobile and light trucks sales businesses throughout the City to give it time to undertake a review of its current regulations to determine how they will need to be revised to address these concerns so that the publics safety, health and welfare remains protected. 6. The City has begun to prepare a zoning code amendment to establish an overlay zone that would likely focus retail automobile and light truck sales in one central location in the City and would regulate the conduct of such businesses. This will require consideration by both the Planning Commission and the City Council and is a complex process that may involve amendments to two Specific Plans. 7. Without the extension of the moratorium, retail automobile and light truck sales businesses could quickly establish such uses despite the Council's determination that the City's existing regulations are inadequate and in need of revision. 7. Pursuant to Government Code section 65858(d), the City has issued a written report describing the measures taken to alleviate the conditions that necessitated the adoption of the Initial Interim Ordinance, which report is incorporated by this reference. 8. The City Council finds that further studies and review are necessary to prepare appropriate code amendments and regulations. 9. In order to prevent the frustration of the implementation of such studies, the public health, safety, and welfare require the immediate enactment of this ordinance. 10. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any amendments that may be adopted in that the establishment of such uses within the City may be in conflict with or frustrate the contemplated amendments. 11. This ordinance is. also necessary to protect against the negative impacts of additional such businesses opening in an ad hoc manner throughout the City, including the protection of the City's commercial retail trade, maintenance of property values, and the protection and preservation of the quality of the City's neighbourhoods and commercial zones and corridors. D. 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 enacted under Urgency Ordinance U-1010 prohibiting the issuance of new permits, licenses, approvals, or entitlements for retail automobile and light trucks sales businesses throughout the City is warranted. SECTION 2. Extension of Moratorium on the Issuance of any New Permit, License, Approval, or Entitlement Pertaining to the Retail Sale of New or Used Automobiles and Light Trucks in the City. The City Council orders as follows: 2 The term of Ordinance No. is hereby extended for a period of 10 months and 15 days through and including August 12, 2011, such that during that time no permits, licenses, approvals, or entitlements may be issued for the retail sale of new or used automobiles and light trucks anywhere in the City. In addition, no such existing establishment may be expanded, whether by means of additional space, construction of new facility, or by reconfiguration. SECTION 3. Legal, Operational and Planning Study. The Planning Division and the City Attorney's Office are directed to continue to study and analyze issues related to the establishment, permitting, approval and operation of retail automobile sales businesses throughout the City, and the potential impacts of the proliferation of such businesses on public health, safety and welfare of the community, the desirability of such facilities in various zones, and the extent of regulatory controls, if any, to impose on such facilities. 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 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 section 65858(a). This urgency ordinance is effective upon adoption by a 4/5th vote of the City Council and will automatically expire on the date set forth in -section 2 herein unless extended by the City Council in accordance with California Government Code section 65858. SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. 5 3 PASSED, APPROVED, AND ADOPTED this day of 2010. MAYOR ATTEST: CITY CLERK m4a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sarah P. Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 10- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of 2010. That thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council on the day of 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL ORDINANCE I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Ordinance 10- , adopted by the City Council of the City of Santa Clarita, CA on , 2010, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2010. City Clerk By Deputy City Clerk 0 CITY OF SANTA CLARITA NOTICE OF A PUBLIC HEARING REGARDING THE EXTENSION OF A MORATORIUM ON THE PLACEMENT OF NEW FACILITIES THAT SELL NEW AND USED AUTOS AND LIGHT TRUCKS PUBLIC HEARING NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the City Council of the City of Santa Clarita to consider the extension of the 45 -day temporary moratorium on the placement of any new facilities that sell new and used autos and light trucks in the City of Santa Clarita. The extension would extend the existing 45 -day moratorium by 10 months and 15 days (for a total of one year) to allow the City the necessary time to prepare an ordinance regulating facilities that sell new and used vehicles. The public hearing will be held at the September 28, 2010, City Council meeting, in the City Hall Council Chambers located at 23920 Valencia Boulevard, and will commence at or after 6:00 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further informatiowmay be obtained by calling City of Santa Clarita, Community Development Department at 661-255-4330 or via mail at Santa Clarita City Hall, 23920 Valencia Boulevard, Suite 300, Santa Clarita, California, 91355. If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. September 17, 2010 Sarah P. Gorman, Esq. City Clerk Publish Date: September 17, 2010 &TAT-)Vublic Hearing.0010\CMP Public Notice 2010.doc 10 -day Report for Auto Dealer Moratorium At the direction of the City Manager's Office, the City Attorney prepared a staff report and resolution for a temporary moratorium on the approval of any new automobile and light truck sales facilities, either new or used. This 45 -day moratorium was adopted by the City Council on August 24, 2010. A public hearing for an extension of the moratorium until August 2011 is scheduled to be heard by the City Council at their September 28, 2010 meeting. Staff has begun to prepare a zoning code amendment to establish an overlay zone that would focus vehicle sales in one central location. It is anticipated that the overlay zone may also include regulations governing the conduct of vehicle sales businesses. This will require a Unified Development Code Amendment and consideration by both the Planning Commission and City Council. This is a complex process as numerous components to the UDC will need to be revised, including potential amendments to two Specific Plans. This Moratorium will provide staff the time needed to research and prepare the amendments. The Planning staff will work closely with the City Manager's Office, the Chamber of Commerce, Auto Dealers Association, and the City Attorney's Office to ensure the needs of the auto community are being met and that all amendments are legally defensible. Staff envisions that the - item will begin the Planning Commission public hearing process in December of this year with City Council hearings in the Spring of 2011. /O