Report Exp of Interim Urg Ord O-03-01 (New Recreational Vehicle Dealerships)

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City Council Staff Report — RV Moratorium City Council Meeting April 3, 2001 Page 2 of 2 Based upon a review of the existing land use regulations, including various Specific Plans, the group determined that the City's existing land use regulations offers the City sufficient discretionary authority to effectively address development issues that may result from allowing additional RV dealerships in the City. RV dealerships are a unique land use and deserve the closer scrutiny afforded by the conditional use permit process. The City Attorney's office opined that restricting RV dealerships to the two current sites in the City through an overlay zone would constitute impermissible spot zoning. The City needs to identify the land use designations that are most suitable for the subject land use and then establish appropriate procedures for review. To address the oversupply issue, the City can refuse to financially support new dealerships as a matter of policy but has more limited rights to deny the use solely on the basis of restricting competition. The City Attorney believes that economic impacts, however, can be one consideration in the conditional use permit process. To clarify the approval process within the Cooley Ranch Specific Plan, the group recommended updating the Cooley Ranch Specific Plan to specifically address development of additional RV dealerships as a Conditional Use within the Commercial and Industrial Zones. Currently the Community Development Department is planning a review and update of the City's various Specific Plans during the next twelve (12) months. As such, the Agency and Community Development Department will work together to modify the Cooley Ranch Specific Plan to address the specific development standards and conditions that may be required of new RV dealerships wishing to locate in that portion of the City. In the meantime, the City would continue to apply the conditional use permit requirements to any new RV applications. Based upon the determination of this group, Agency staff determined it was unnecessary to study the issue further or pursue the extension of the land use Moratorium Ordinance past the original 45 -day period. Financial Impact There will be no financial impact on the City by not extending the moratorium on RV dealerships. Legal Review The staff report and findings have been reviewed and approved by the City Attorney. -*r -, City Attorney Environmental Impact None