HomeMy WebLinkAboutAgenda Statement 1975/01/07 Item 05a,b Item 5a,b
January 7,1975
Ordinance 1604 ' � AGE\DA ITEM N0. [ Sa,b �
CHULr1 VISTa CITl' COU�CIL DIEETI`G OF: January 7, 1975
Public hearing - Consideration of amendment to Zoning Ordinance to permit
hay and feed stores and plant nurseries in the "A" Agricultural Zone
iTE�f 'rITLe: Ordinance - Amending Sections 33.501 D and 33.901 B of the Zoning Ordinance
relating to the location of hay and feed, stores and plant nurseries
as conditional uses in the "A" Agricultural zone
I�ITinTED aY: Director of Planning
BACKGROUND
1 . This zoning text amendment has resulted partly from a property owner's request
and partly from staff' s ongoing review of the Zoning Ordinance.
2. The zoning text amendment would permit hay and feed� stores and plant nurseries
in the "A" Agricultural zone by conditional use permit. At present these uses are
restricted to various cortmercial zones, as discussed in the attached staff report
to the Planning Comnission on December 11 , 1974.
3. The staff found that subject to a conditional use permit both hay and feed
stores and plant nurseries would be compatible uses and would be in harmony with
the intent and purpose of the "A" zone. The conditional use permit for hay and
feed stores would control possible dust and odor effects and would be used to
review the cortmercial aspect of the operation of plant nurseries.
4. Please refer to the attached staff report to the Planning Cormnission for
discussion and finding.
ATTACHED: Resolution [ ] Ordinance [x] Agreement ( ] Plat [ j
See EXHIBITS [ �] No. 1-2-3
Financial Statement:
Commission-Board Reco�mnendation: The Pldnning Corrantssion voted 7-0 on December 11 ,
1974 to recormnend that the City Council approve the zoning text amendment to permit
hay and feed stores and plant nurseries in the "A" zone by conditional use permit
in accordance with attached Resolution PCZ-74-6.
Department Head Recommendation: ConCU1'
City Manager Recommendation: Concur
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' • AGEVDA ITED1 N0. [ 15 I
CHULa vISTA CITY COU�?CIL �fEETING OF: �anuary 14, 1975
ITE�1 'rITLE: Ordinance No. 1604 - Amending Sections 33.501 D and 33.901 B of the
Zoning Ordinance relating to the location of hay and feed stores
and plant nurseries as conditional uses in the "A" Agricultural
zone - Second reading and adoption
ivi'riATE� aY: Director of Planning
BACKGROUND
After holding a public hearing on January 7, 1975 to consider this amendment to
the Zoning Ordinance, the ordinance was placed on first reading. It is now before
the Council to be placed on second reading and adopted.
ATTACHED: Resolution [ ] Ordinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS [ ] No.
Financial Statement:
Commission-Board Recommendation:
Department Head Recommendation: PlaCe ordindnCe on seCOnd reading dnd ddopt.
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City Manager Recommendation: Concur
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City Planning Cormiission page 6 �
• Agenda Items for�l�leeting of December 11 , 1974 � ��'��T
� 5. PUQLIC HEARIP�G: Consideration of amendmer�t to Zoning Ordinance to permit hay
, . and feed stores in "A" Ayricultural Zone
{t. BACY.GROUND
1 . This is a staff initiated zoning text amendment based partially on an
inquiry from a property oam er and partially on the ongoiny revie�•� process of
the Zoning Ordinance.
2. The Zoning Ordinance currently permits roadside stands for agricultural
produce, not exceeding 400 sq. ft. in Agricultural zones , as an "accessory use. "
Other comm�rcial uses presently allovied by conditional use permit in the "A"
zone include kennels, riding stables, and guest ranches.
3. Hay and feed stores are presently allovied only in the C-T (Thorough`are
_ . Co:nmercial ) zone, as a permitted use. Plant n�rseries are allo�•�ed in the C-B
(by conditional use permit) , C-C (accessory use) , C-V (permitted use) and C-T
(permitted use) .
4. An Initial Study (IS-74-54) of possible adverse environmental impacts
of this zoning text amendment ��:as conducted by the Environmental Revievi Com�nittee •
" on November 27, 1974. The E. R.C. concluded that there would be no significant
, effects and made a Negative Declaration. No appeal of the (�D has been made to
date and it �aill become final on December 12, 1974.
B. AWALYSIS
1 . As set forth in the Chula Vista Zoning Ordinance the purpose of
Agricultural zoning is to preserve agricultural uses until .orderly development of
urban land uses occurs. Therefore, by utilizing the conditional use perinit process
the Pl�nning Commission has the opportunity, not only to revievi tha compatibility
of the use with adjoining areas, but to consider placing reasonable time limits
on the facility in order to revies•i possible land use changes �•iithin a given area.
2. Ilay and feed stores and plant nurseries are, by their nature, directly
related to agricultural uses. Given the size of most properties �•ihich are zoned
"A", both of these comriercial enterprises could easily be located in the "A" zone,
� meet all Zoning Ordinance requirements regarding setbacF:s and parking , and f�ave
little or no adverse impacts on neighboring uses . Ho�•iever, due to the potential
' location of these activities next to urban uses, particularly in the Sa�eet�•rater
, Valley, it is considered advisable to ma{;e these businesses conditional uses in
the "A" zone. This requirement r�ould be especially ap�' icable to hay and feed
, stores, since such businesses do generate a certain amount of dust and odor �:�hich
could be a nuisance, depending on the distance bet���een the store and neighboring
urban uses. Therefore, in the zoning text amendment, it is proposed that hay and
feed stores witliin 100 feet of any residential zone have completely enclosed ,
properly ventiiaged storage; it ti•iould further be required that in all cases the
proponent sho�•� that dust and odor �•iould not constitute a nuisance.
3. Plant nurseries are not considered objectionalbe uses per se; however,
since they are conurercial activities which 9enerate traffic and noise above the
normally low levels in the "A" zone, tiiey too ���ould require a conditional use permit.
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. City Planning Co�unission • page 7
Agenda Iteins for Meeting of December 11 , 1974 '
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C. FINDIIJG
, It is found that the proposed zoning text amendment to permit hay and feed stores
and plant nurseries in the "A" zone by conditional use permit is consistent o-rith
the purpose and intent of the "A" zone, as set forth in Sec. 33.501 A of the
Zoning Ordinance.
D. RECOt•1i4EP;DATION
Adopt a motion recommending that the City Council amend the Zoning Ordinance
with the follo�•�ing text amendments :
1 . Fdd new subparagraphs 9 and 10 to Sec. 33.501 A - Agricultural Zone,
D. ConditionaZ Uses.
"9. Hay and Feed Stores, Retail , subject to the provisions of
Section 33.901 B, paragraph 17.
' � 10. Plant Nurseries. "
'J f 2. Add new subparagraph 17 to Sec. 33.901 B of the Zoning Ordinance and
, renumber follo�ring subpar•agraphs as appropriate to allow for this
insertion:
"17. Hay aru2 Feed Stores, Retail, in AgriCUltural Zone:
(a) VJhenever a hay and feed store is located �•�ithin one
hundred fee� (,100' ) of any residence not on the same lot
as the store, storage of hay and feed shall be totally
enclosed within the building(s) and properly ventilated.
(b) Storage of readily combustible materials �•rhich exceed a
volume of 2500 cubic feet shall be permitted only upon
approval by the Fire Marshall . .
(c) At the tinie of filing an application for a conditional
use permit the applicant shall shoar that odor and dust ���ill
not constitute a nuisance or hazard to adjoining properties
or uses. "
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� . � � RESOLUTIOPI ti0. PCA-74-6 `% .
RESOLUTION Of THE CITY FLAPlPlINC, COf9�tISSION REC014i•tENDING TO THE ►�/a���' Y
CITY COUNCIL THE AUOPTIOi� OF AN AMENDI4ENT TO THE ZONING ORDII�ANCE �
TO PEItMIT HAY APlD FEED STORES A�D PLANT P�L'RSERIES AS CONDITIOhJAL
USES IN THE A - AGRICULTURAL ZONE
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WHEREAS, the Zoning Ordinance present allows hay and feed stores only in
the C-T zone as a permitted use, and plant nurseries in the C-T and C-V zones as
a permitted use, in tne C-C zone as an accessory use, and in the C-B zone as a
conditional use, and
WHEREAS, a request was received to consider permitting these uses in the
A - Agricultural Zone, and
WHEREAS, an Initial Study (IS-74-54) of possible adverse environmental impacts
of a proposed zoning text amendment was conducted by the Environmenial Review
Committee on November 27, 1974, and a Negative Declaration of Environmental
� Impact was made, and
WHEREAS, the City Planning Cormnission set the time and place for a hearinq
to consider an amendment to the Zoning Ordinance to permit hay and fees stores
and plant nurseries as conditional uses in the A - Agricultural Zone, and notice
of said hearing, with its purpose, �•�as given by the publication in a newspaper
of general circulation in the City at least 10 days prior to the date of said
hearing, and
WHEREAS, a hearing was held at said time and place, namely 7 :00 p.m. ,
December 11 , 1974 in the Council Chamber, Civic. Center, before the Planning
Cortmission and said hearing was thereafter closed .
NO5! THEREFORE BE IT RESOLVED AS FOLLOWS: .
, 1 . From facts presented to the Planning Commission, the Cortmissio� finds
that public necessity, convenience, general welfare and good zoning practice
require the adoption of the following amendments to the Zoning Ordinance:
Section 33.501 D, add new subparagraphs 9 and 10:
"9. Hay and Feed Stores, Retail , subject to the provisions of
Section 33.901 B, paragraph 17.
. 10. Plant Nurseries. "
. Section 33.901 B, add new subparagraph 17 and renumber following
subparagraphs as appropriate to allow for this insertion:
"17. Hay and Feed Stores, Retail, in A - Agricultural Zone:
' (a) Whenever a hay and feed store is located within one
hundred feet (100' ) of any residenc2 not on the same lot
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"as the store, storage of fiay and feed shall be totally
' enclosed within the building(s) and properly ventilated.
(b) Storage of readily combustible materials which exceed a
volume of 2500 cubic feet shall be permitted only upon
approval by the Fire Marshall .
(c) At the time of filing an application for a conditional
use permit the applicant shall show that odor and dust �aill
not constitute a nuisance or hazard to adjoining properties
or uses . "
2. The Planning Cormnission recommends to the City Council that said
amendments be adopted.
, 3. That this resolution be transmitted to the City Council .
PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this llth day of December, 1974, by the following vote, to-wit:
AYES: CorrQnissioners. Starr, Smith, Rice, Pressutti , Chandler, Rudolph and Floto
NOES: �one
ABSENT: P�one
���- �- - ��.-�-��,
' Chairman
ATTEST:
' ����� �����7,�-�•,�
Secretary
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