March 28, 2006
SUBJECT:Urgency Interim Zoning Ordinance- Moratorium affecting:
- Any “Place of Assembly- Community Serving” Uses in Industrial Zoning Districts, and
- Any “Amusement and Recreation” Uses in Industrial Zoning Districts
REPORT IN BRIEF
An Urgency Ordinance, which placed a moratorium on the establishment of uses described as “Places of Assembly and Recreation” in commercial and industrial zoning districts, was enacted by the City Council on September 20, 2005 and extended on October 25, 2005. This moratorium is scheduled to expire on March 31, 2006, unless extended by the City Council.
On March 21, 2006, the City Council adopted policies, introduced an ordinance and initiated rezoning studies for places of assembly and recreation uses. The City Council also indicated a desire to extend the moratorium to allow the new ordinance to become effective.
Staff recommends an extension of the moratorium for industrial areas only through April 27, 2006, at which time the new ordinance is effective. This timeframe would ensure that no new applications can be submitted in industrial areas before the new ordinance is in effect.
BACKGROUND
City Council ranked the Study Issue regarding “Places of Assembly” and “Recreation” uses in industrial and commercial zoning districts #6 for the Department of Community Development for the 2005 calendar year. The study issue was initiated by staff after a noticeable increase in applications for non-traditional uses in these zones.
On September 20, 2005, the City Council enacted an interim zoning ordinance placing a 45-day moratorium on the establishment of “Places of Assembly-Community Serving” uses in industrial and commercial zoning districts and “Amusement and Recreational” uses in the industrial zoning districts. After that 45-day period, the City Council extended the interim ordinance on October 25, 2005 to run through March 31, 2006, or when the Study Issue is completed.
On March 21, 2006, the City Council held a public hearing on the study issue and took the following action:
1. Adopted policy regarding location of Places of Assembly and Recreation uses,
2. Introduced an ordinance which implements:
a. A new Combining District (POA) for the Industrial and Service (M-S) zoning district areas.
b. Provides locational criteria for these uses in commercial areas
c. Refines definitions and modified the use tables of the Zoning Code,
3. Initiated a rezone study for specified M-S properties to add the POA Combining District,
4. Initiated a rezoning study of residential sites with Community Serving Places of Assembly uses to the Public Facilities (PF) Zoning District.
DISCUSSION
The City Council took action on March 21, 2006 to amend the method of review for Places of Assembly and Recreation throughout the City. The Council introduced an ordinance which implements several items, including modifying the land use tables for all the zoning districts and the creation of a new POA Combining District for certain industrial-zoned properties. The Council is scheduled to consider the second reading of the ordinance on March 28, 2006, which would result in an effective date of April 27, 2006.
The current moratorium for new applications for Places of Assembly or Recreation uses expires on March 31, 2006, unless extended by the City Council. If the moratorium expires before the effective date of the new ordinance, new applications could be accepted for these uses in any location in the industrial areas, regardless of the City Council action to limit them to specific locations through the use of the POA Combining District. The City Council would need to extend the moratorium to April 27th in order to control the applications until after the new ordinance is effective. Until the POA Combining District is applied, Places of Assembly-Community Serving, Education-Recreation and Enrichment and Recreation and Athletic Facilities would not be permitted in either the M-S or M-3 zoning districts.
The current moratorium also applies to Places of Assembly and Recreation in all commercial zones. The City Council action on the Study Issue provided locational criteria for these uses in commercial zones; if applications are filed for such uses in commercial zones before the ordinance becomes effective, they can still be evaluated in accordance with the locational criteria when they are considered by the Planning Commission after the ordinance becomes effective.
FISCAL IMPACT
No fiscal impact to extending the moratorium.
Conclusion
The City Council took action on several items to ensure the well-planned location of Places of Assembly and Recreation uses, especially in the industrial areas of the city. The City Council introduced an ordinance which implements these items, and included a new Combining District (POA), which is intended for specific properties in the industrial area. The new ordinance becomes effective on April 27, 2006, but the moratorium is set to expire March 31, 2006. Extending the moratorium will ensure new applications for Places of Assembly and Recreation in the industrial zones are not submitted before the ordinance becomes effective.
The original moratorium also affects commercially-zoned properties; however, Places of Assembly and Recreation uses in these areas are subject to locational criteria, which can be applied by the Planning Commission and City Council when such proposals are reviewed. As a result, it may not be necessary to include commercial property in the moratorium extension.
PUBLIC CONTACT
Public contact was made through publishing a legal notice in the Sun newspaper, posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the City Clerk’s office and Library.
ALTERNATIVES
Extend the Urgency Interim Zoning Ordinance until April 27, 2006, and amend it to apply only to Place of Assembly and Recreation uses in the M-S and M-3 Zoning Districts.
Extend the Urgency Interim Zoning Ordinance until April 27, 2006, and amend it to apply to all Zoning Districts.
Do not extend the Urgency Interim Zoning Ordinance.
RECOMMENDATION
Staff recommends Alternative 1.
Reviewed by:
Trudi Ryan, Planning Officer
Prepared by: Andrew Miner, Principal Planner
Reviewed by:
Robert Paternoster
Director of Community Development
Approved by:
Amy Chan
City Manager
Attachments
A. October 25, 2006 Urgency Ordinance