Loading...
HomeMy Public PortalAboutOrdinance 1121ORDINANCE NO.1121 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BEAUMONT, ENACTING A TEMPORARY MORATORIUM PROHIBITING TIRE SALES AND TIRE REPAIR ESTABLISHMENTS, PURSUANT TO GOVERNMENT CODE SECTION 65858 THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: The City Council finds and declares as follows: A. Government Code Section 65858(a) allows a city to adopt effective immediately, as an urgency measure, an interim ordinance for the immediate preservation of the public health or safety without following the procedures otherwise required prior to the adoption of a zoning ordinance. B. Such an urgency measure requires a four -fifths vote (4 votes) of the City Council for adoption and it shall be of no further force and effect forty-five (45) days from its date of adoption unless otherwise extended pursuant to Government Code Section 65858(a). C. As used in this ordinance: i. "Tire Sales and Tire Repair Establishments" means a business that is primarily involved in the sale of tires, tire installations and/or the repair of tires. D. The City of Beaumont currently has approximately 11 active City business licenses for tire related businesses, not including businesses that provide tires sales and service ancillary to their primary use. E. Tire Sales and Tire Repair Establishments are located throughout the City and have been allowed under the City's Zoning Code to operate in the Commercial General (CG), Community Commercial (CC), Manufacturing (M) and Commercial Manufacturing Zones as a permitted use under the Automobile Service Station designation and the definition of Vehicle Repair Garage and Vehicle Service under Section 17.14.030 of the Beaumont Municipal Code. F. The City of Beaumont is in the process of updating the General Plan and zoning ordinances, which envisions a City structure that enhances the quality of life of the residents, enhances the health safety and welfare of the community, meets the community's vision for 1 the future, and connects new growth areas together with established Beaumont neighborhoods which will be in conflict with the current use by right allowance for Tire Sales and Tire Repair Establishments. G. Tire Sales and Tire Repair Establishments do not promote the City's goals of achieving either aesthetic or fiscal health of the community as they are associated with visual blight, tire waste, contamination, clutter, refuse and inoperable vehicles on site, do not promote the health, welfare and safety of the community, do not foster economic growth, do not promote the City's heritage or an environmentally sustainable community, and the City is becoming increasingly concerned about the over -saturation of these types of facilities in the City and the increased interest in locating even more of these facilities within its limits many of which are associated with noise, nuisances and the sale of illegal drugs and related criminal activity. H. For the reasons set forth above, this ordinance is declared by the City Council to be necessary for preserving the public welfare, health, and safety and to avoid a current, immediate and direct threat to the health, safety, or welfare of the community, and the recitals above taken together constitute the City Council's statements of the reasons constituting such necessity and urgency. I. The City Council now desires to adopt a moratorium that prohibits tire sales and tire repair establishments from locating in the City of Beaumont. J. This urgency ordinance is adopted pursuant to the requirements of Government Code Section 65858 and shall be in effect for 45 days unless further extended by the City Council of the City of Beaumont. K. Adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15060(c)(2) (no significant environmental impact). SECTION 1. The City currently has an over -concentration of Tire Sales and Tire Repair Establishments within its borders and has recently seen an increase in inquires to locate even more of these facilities within the City. SECTION 2. Findings. A. The Community Development Element of the City's General Plan includes specific goals and policies that aim to minimize land use conflicts and develop a logical pattern of land use, to protect the health, safety and welfare of the community as well as 2 to upgrade the City's appearance and establish a strong economic base. Specifically, goals of the City's General Plan provide for 1) to maintain and, where appropriate expand the City's commercial base (Goal 3), 2) to promote the expansion of industrial and other employment generating land uses (Goal 4), 3) to continue to promote the maintenance and preservation of industrial activities and business that contribute to the City's economic and employment base (Community Development Element Policy 15), 4) to encourage the continued expansion of the City's industrial districts to accommodate economic development and growth (Community Development Element Policy 16), and 5) to promote development of modern and attractive business activities that will enhance the City's economic well-being. The City Council finds that the large number of existing Tire Sales and Tire Repair Establishments and the potential for additional facilities is inconsistent with the existing General Plan goals of economic growth and expectations for development. B. The Safety Element of the City's General Plan includes specific goals and policies that identifies health and safety issues that need to be considered in future planning and development. Specifically, goals of the City's General Plan strive to control the adverse effects of noise on the environment (Goal 6), to protect public health and welfare by eliminating existing noise problems and by preventing significant degradation of the future acoustic environment (Safety Element Policy 24), and to incorporate noise considerations into land use planning decisions (Safety Element Policy 25). The City Council finds that Tire Sales and Tire Repair Establishments as permitted uses do not provide staff the ability to take noise impacts into consideration and incorporate measures to reduce noise impacts such as noise walls, berms, extra insulation, sound proofing, and double -paned windows. The City Council finds that Tire Sales and Tire Repair Establishments as permitted uses do not provide staff the ability to take public health safety and welfare impacts into consideration and incorporate measures to mitigate the lilkihood of visual blight, nuisance and criminal activity occurring on the premises. C. The City of Beaumont is a small city. Due to its small size, the proliferation of Tire Sales and Tire Repair Establishments has the potential to adversely affect the City's economic and aesthetic environments by over -saturating the City with Tire Sales and 3 Tire Repair Establishments rather than retail, commercial, manufacturing, and industrial uses that the City is endeavoring to promote. D. The large number of Tire Sales and Tire Repair Establishments within and around the City of Beaumont contribute to an overall negative aesthetic image and do not promote economic development. E. Adoption of a moratorium on Tire Sales and Tire Repair Establishments will provide the City with an opportunity to review the proposed General Plan, Zoning Code and Economic Development Strategic Plan and make revisions in order to regulate the establishment of Tire Sales and Tire Repair Establishments and prevent the current over - proliferation of Tire Sales and Tire Repair Establishments in the City. F. Due to the City's need to study and review the proposed General Plan, Zoning Code and Economic Development Strategic Plan, it is urgent that the City study and evaluate options available to it regarding regulation of Tire Sales and Tire Repair Establishments to prevent the adverse impacts that may result from continued approvals of Tire Sales and Tire Repair Establishments in the City. G. Based on the above findings and all evidence in the record, there is a current and immediate threat to the public health, safety, and welfare, in that the approval of use permits, variance, building permits, or any other applicable Tire Sales and Tire Repair Establishments permits or entitlements would result in a threat to public health, safety, or welfare. It is therefore needed to enact an urgency interim ordinance establishing a moratorium on all new Tire Sales and Tire Repair Establishments within the City of Beaumont. It is the intent of the City Council that this Ordinance take effect immediately pursuant to Section 65858 of the Government Code. SECTION 3. Applicability. Based on the facts and findings set forth in the recitals and Section 2 of this Ordinance, the City of Beaumont hereby establishes a moratorium on the establishment of Tire Sales and Tire Repair Establishments anywhere in the City of Beaumont. No application for a building permit, business permit, conditional use permit, or any entitlement for the establishment of a new Tire Sales and/or Tire Repair Establishments shall be processed or approved during the moratorium established by this Ordinance. SECTION 4. Moratorium Term. This Ordinance shall expire, and the moratorium established herein shall terminate, 45 days after the date of its adoption unless extended by the 4 City Council, at a regularly noticed public hearing, pursuant to California Government Code Section 65858. The City Council intends to terminate this moratorium as soon as reasonably feasible within a timeframe to allow the adoption of the updated General Plan and zoning code provisions with respect to Tire Sales and Tire Repair Establishments, to the extent reasonably advisable by staff following its study. Notwithstanding the foregoing, City staff may deny any application for a permit which prohibited from being issued under this ordinance. SECTION 5. Report. The City Manager or his designee is authorized and directed to prepare and issue, on behalf of the City Council, a written report describing the measures taken by the City to alleviate the conditions which have led to the adoption of this ordinance, at least ten (10) days prior to the expiration of this ordinance. A copy of the same shall be subsequently provided to the City Council for review. SECTION 6. CEQA Review. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment], 15060(c)(3) [the activity is not a project as defined by CEQA], and 15061(b)(3) [there is no possibility the activity in question may have a significant effect on the environment]. These findings are premised on the fact that the adoption of this urgency interim ordinance will maintain existing environmental conditions arising from the City's current land use regulations without significant change or alteration. The City Manager is hereby directed to ensure that a Notice of Exemption is filed pursuant to CEQA Guidelines section 15062 [14 C.C.R. § 15062]. SECTION 7. No Liability. The provisions of this ordinance shall not in any way be construed as imposing any duty of care, liability or responsibility for damage to person or property upon the City of BEAUMONT, or any official, employee or agent thereof. SECTION 8. Pending Actions. Nothing in this ordinance or in the codes hereby adopted shall be construed to affect any suit or proceeding pending or impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance or code repealed by this ordinance, nor shall any just or legal right or remedy of the City of any character be lost, impaired or affected by this ordinance. SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any 5 reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Beaumont hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 10. Construction. The City Council intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. To the extent the provisions of the Beaumont Municipal Code as amended by this ordinance are substantially the same as provisions in the Beaumont Municipal Code existing prior to the effectiveness of this ordinance, then those amended provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 11. Urgency; Effective Date; Duration and Publication. This ordinance is adopted by the City Council pursuant to the California Constitution, article XI, Section 7 and Government Code section 65858 by a four -fifths (4/5) or greater vote, as an urgency measure to protect the public health, safety and welfare, and shall take effect immediately. The reasons for such urgency are set forth in Section 2 above. This ordinance shall expire and be of no further force or effect 45 days after its adoption, unless it is extended pursuant to Government Code Section 65858. Prior to the expiration of fifteen (15) days from the passage hereof a certified copy of this ordinance shall be posted in the office of the City Clerk pursuant to Government Code Section 36933(c)(1) and a summary shall be published once in the Press Enterprise, a newspaper printed and published in the County of Riverside and distributed in the City of Beaumont, State of California, together with the names of the Council members voting for and against the same. AYES: Martinez, Carroll, Lara, Santos NOES: ABSENT: White ABSTAIN: 6 Rey S tos, Mayor Attest: Steven Mehlman, City Clerk Approved as to form: John 0 Pinkney, City Attorney 7