I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing Resolution 2022-038 was duly passed and adopted at a regular meeting of the Kingsburg City Council held on the 15th day of June, 2022, by the following vote:
AYES: Council Member(s):
NOES: Council Member(s):
ABSTAIN: Council Member(s):
ABSENT: Council Member(s):
Abigail Palsgaard, City Clerk
City of Kingsburg
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Holly Owen, AICP; Community Development Director REVIEWED BY: MN AGENDA ITEM: ADOPT ORDINANCE NO. 2022-02, AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF KINGSBURG TEMPORARILY PLACING A
MORATORIUM ON THE ISSUANCE OF LAND USE ENTITLEMENTS AND
PERMITS WHICH ALLOW PROFESSIONAL OR COMMERCIAL OFFICES TO
LOCATE WITHIN THE CENTRAL COMMERCIAL DISTRICT, ALONG DRAPER
STREET FROM LINCOLN STREET TO CALIFORNIA STREET
ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
Recently, there has been an increase in the number of retail spaces in the downtown area along Draper Street which have been converted to commercial/business back-office space (as opposed to customer serving retail space).
Managing order fulfillment, distribution, and shipping are examples of back-office uses. While undefined office uses are an allowed use in the Form Based Code 3 area along Draper Street from Lincoln Street to California Street , the underlying zoning is Central Commercial which identifies commercial offices as a permitted use.
While there are a number of existing office uses along Draper Street that serve the public, the recent sharp upturn in back-office uses have caused a noticeable shortage of on-street customer parking for existing customer serving retail businesses along Draper Street. The Zoning Code and the Form Based Code are clear in their intent that the Central Commercial District is to ‘concentrate businesses in areas of the Central Commercial Zone District for the convenience of the public’ (KMC 17.40.010) and that the purpose of the Form Based Code C3 district is ‘To reinforce and enhance the walkable urban downtown and to enable it to evolve into a neighborhood that provides commercial, retail, and entertainment uses, civic and public uses, as well as a variety of urban housing choices’ (KMC 17.42.052).
With the assistance of the Fresno County Council of Governments, the Community Development Department is in the process of evaluating the City Zoning Code in order to propose various revisions to the City Zoning Code regarding permitted uses, uses allowed with administrative approval, and conditional uses within each zone district.
One proposed revision to the Zoning Code will be to limit professional office and commercial office uses along Draper Street in order to promote retail uses along Draper Street and to achieve a better balance of retail, office and other uses in the Central Commercial Zone District.
Section 65858 of the California Government Code sets forth the requirements for the approval of an Interim Ordinance. Pursuant to Section 65858(a), the City Council, to protect the public safety, health, and welfare of Kingsburg, may adopt as an urgency measure an Interim Ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission, or Planning Department is considering or studying or intends to study within a reasonable time. The urgency measure requires a four-fifths (4/5) vote of the City Council for adoption.
The Interim Ordinance will terminate forty-five (45) days after the date of adoption. After giving notice pursuant to Section 65090 of the California Government Code, and holding a public hearing, the City Council may extend the Meeting Date: 06/15/2022
Agenda Item: 6.6
Interim Ordinance for ten (10) months and fifteen (15) days and subsequently extend the Interim Ordinance for one (1) year. Any extension also requires a four-fifth (4/5) vote for adoption. No more than two (2) extensions may be adopted. The Interim Ordinance under this procedure can be initially adopted without Section 65090 notice or a public hearing and without a first or second reading of the ordinance. This timeline will give the Council ample time to ensure that any potential land use regulations regarding commercial, office and retail uses in the identified Draper Street area are considered in an update to the City’s Zoning Code. If a property owner is leasing space to a professional or commercial office on the date the urgency ordinance becomes effective and the lease space becomes vacant while the urgency ordinance is in effect, the property owner will be allowed to continue to lease the space to another professional or commercial office during the term of the urgency ordinance.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends the City Council adopt Urgency Ordinance No. 2022-02, placing a moratorium on the issuance of land use entitlements and permits which allow professional or commercial offices to locate within the Central Commercial District (“District”), along Draper Street from Lincoln Street to California Street.
POLICY ALTERNATIVE(S)
1. Council can choose not to enact the urgency ordinance.
REASON FOR RECOMMENDATION/STRATEGIC INITIATIVES
1. Ensure Financial Stability
2. Increase Retail Opportunities
3. Promote Sustainable Development
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
The City’s Economic Development Committee discussed the issue of professional offices and subsequent elimination of retail space during their meeting on May 23, 2022.
BACKGROUND INFORMATION
See Executive Summary.
ATTACHED INFORMATION
1. Urgency Ordinance 2022-02
2. Location Map
FISCAL IMPACT:
1. Is There A Fiscal Impact? Potentially
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? N/A
ORDINANCE NO. 2022-02
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KINGSBURG, CALIFORNIA, TEMPORARILY PLACING A MORATORIUM ON
THE ISSUANCE OF LAND USE ENTITLEMENTS AND PERMITS WHICH
ALLOW PROFESSIONAL OR COMMERCIAL OFFICES TO LOCATE WITHIN
THE CENTRAL COMMERCIAL DISTRICT ALONG DRAPER STREET FROM
LINCOLN STREET TO CALIFORNIA STREET
THE CITY COUNCIL OF THE CITY OF KINGSBURG DOES ORDAIN AS FOLLOWS:
SECTION 1. Consistent with its control over municipal affairs and authority to take urgency measures prohibiting a land use that may be in conflict with the update to the City of Kingsburg’s Zoning Code, through the powers vested in the City of Kingsburg pursuant to California Constitution Article XI, Section 7 and Government Code section 65858, the City of Kingsburg is authorized to secure and promote the public health, safety, welfare, convenience and prosperity of its citizenry. The City Council of the City of Kingsburg hereby makes the following findings:
A. With the assistance of the Fresno County Council of Governments, the Community Development Department is in the process of evaluating the City Zoning Code in order to propose various revisions to the City Zoning Code regarding permitted uses, uses allowed with administrative approval, and conditional uses within each zone district. One proposed revision to the Zoning Code will be to limit professional office and commercial office uses along Draper Street in order to promote retail uses along Draper Street and to achieve a better balance of retail, office and other uses in the Central Commercial Zone District.
B. Currently, the number of professional offices and commercial offices along Draper Street from Lincoln Street to California Street have increased and it is anticipated additional applications will be made to the Community Development Department for the location of professional offices and commercial offices within this area along Draper Street.
Additional professional offices and commercial offices will result in the continued reduction in retail space along Draper St. The loss of retail space has a direct effect on the viability of the retail business along Draper Street which results in reduction of City sales tax revenue, a portion of which is designated specifically to support City police, fire and public safety departments and operations.
C. Employees working in professional offices and commercial offices park their vehicles on Draper Street in front of retail business which results in a loss of parking spaces otherwise used by patrons of retail business in along Draper Street, which results in a reduction in the number of customers for the retail businesses along Draper Street.
In order to maintain the financial viability of retail businesses along Draper Street and to encourage new business to move vacant retail spaces along Draper Street, it is necessary that no additional professional offices or commercial offices be located within the Central Commercial Zone District until the Community Development Department completes its review the Zoning Code and proposes revisions to the Zoning Code including limiting the location of professional offices and commercial offices in the Central Commercial Zone District along Draper street.
D. This urgency ordinance is necessary to promote the immediate preservation of the health, safety, welfare, convenience and prosperity of the public against the potential loss of retail businesses along Draper Street and the corresponding loss of reduction of City sales tax revenue, a portion of which is designated specifically to support City police, fire and public safety departments and operations.
E. The City Council finds and declares that the zoning regulations regarding the location of professional and commercial offices in the Central Commercial Zone District along Draper Street from Lincoln Street to California Street shall be adopted on an interim and immediate basis to protect the public health, safety, welfare, convenience and prosperity of the community while more permanent regulations are reviewed in additional detail.
SECTION 2. While this interim ordinance is in effect, the following regulatory standards shall apply as additional limitations under the Zoning Code on the location of professional and commercial offices in the Central Commercial Zone District along Draper Street from Lincoln Street to California Street. Those businesses that are already operating with a valid City of Kingsburg Business License that have been issued prior to the date of this interim ordinance may continue to operate outside these regulatory limitations as they would constitute legal nonconforming uses. Additionally, if a property owner is leasing space to a professional or commercial office on the date this urgency ordinance becomes effective and the lease space becomes vacant while this urgency ordinance is in effect, the property owner will be allowed to continue to lease the space to another professional or commercial office as a legal nonconforming use during the term of the urgency ordinance.
A. There shall be no City of Kingsburg Business License issued for any new professional office or commercial office operation wishing to locate in the Central Commercial Zone District along Draper Street from Lincoln Street to California Street.
B. Existing professional offices or commercial offices shall not be permitted to relocate to a site in the Central Commercial Zone District along Draper Street from Lincoln Street to California Street.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Kingsburg 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 4. This Ordinance shall take effect immediately as an interim ordinance under the provisions of California Government Code section 65858. It shall be of no further force and effect forty-five (45) days from its adoption unless it is extended pursuant to Government Code section 65858(a).
SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
I hereby certify that the foregoing Urgency Ordinance No. 2022-02 was introduced and adopted at a regular meeting of the City Council of the City of Kingsburg held on June ___, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Laura North, Mayor
ATTEST:
______________________________
Abigail Palsgaard, City Clerk
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