HomeMy WebLinkAboutAgenda Statement 1983/12/06 Item 9 COUNCIL AGENDA STATEMENT
Item''' 9
Meeting Date - 3
PUBLIC HEARING:
ITEM TITLE: PCA-84-1 - Consideration of proposed amendment to Chapter
19.54 requiring City Council approval of unclassified uses
CL . Ordinance 0.5- Amending Chapter 19.54, Unclassified Uses
SECOND READING AND ADOPTION
SUBMITTED BY: Director of Planning 2 SECOND
Vote: Yes No x )
REVIEWED BY: City Managers
On September 27, 1983, the City Council directed the staff to prepare an
amendment to Chapter 19.54, Unclassified Uses, which would require City
Council approval for those uses which have a Citywide impact or involve
hazardous materials. The proposed amendment is not a project as defined by
CEQA.
RECOMMENDATION: Adopt an ordinance amending Chapter 19.54 Section 19.54.020
as shown on attached Exhibit "A" .
BOARDS/COMMISSIONS RECOMMENDATION: On October 26, 1983, the Planning
Commission unanimously recommended that the City Council not adopt the staff
recommendation, but instead adopt a resolution establishing a procedure to
forward Planning Commission action on all conditional use permits to the City
Council who shall have the option of holding a public hearing on the matter.
DISCUSSION:
Present Procedure
The majority of the applications for a conditional use permit are considered
by either the Planning Commission or the Zoning Administrator with
applications for senior housing developments and retail distribution centers
(in the I General Industrial zone) requiring City Council approval. Any
decision made by the Zoning Administrator may be appealed to the Planning
Commission which may overturn the decision by a simple majority vote. A
four-fifths vote by the City Council is required to overturn the decision of
the Planning Commission. However, the City Council has asked for a separate
report on that procedure.
Other Jurisdictions
The majority of the other jurisdictions in San Diego County process
conditional use permits in a similar manner as the City of Chula Vista.
However, the City of San Diego does require Council approval of land uses
which are determined to have a citywide impact.
Page 2, Item 6;-6a- 9
Meeting Date 11/22/83
The City of National City requires Planning Commission approval, but refers
all applications to the City Council which has the option of appealing the
matter to themselves within a given period of time. If not appealed, the
decision of the Planning Commission is final.
Uses with Citywide Impact or Involve Hazardous Waste
Land uses which have unique and/or special characteristics which set them
apart from conventional land uses are placed in the unclassified section of
the zoning ordinance. The land uses which could have a citywide impact such
as, airports, schools, hospitals, waste disposal areas, and large active
recreational uses, are more difficult to separate. A church with seating
capacity of 100 is not likely to have citywide implications whereas a church
with a seating for 600 could affect a large portion of the community.
For the most part, the land uses involving hazardous waste materials or uses
posing a hazardous potential ( i.e. chemical manufacturing) are classified as
heavy industrial uses and are permitted only in the I-General Industrial zone
subject to approval of a conditional use permit by the Planning Commission.
The probability of these kinds of uses wanting to locate in the City of Chula
Vista is remote. There are 564 acres of heavy industrial zoning; however,
only 160 acres are presently vacant with much of this acreage located within
the boundaries of the Local Coastal Plan (Bayfront) . In addition, it is very
questionable that many of these uses would be approved because they are not in
keeping with the character of the City of Chula Vista.
Fees and Process
Permits handled by the Zoning Administrator require a set fee of $175.00 and
take from a few days to approximately two weeks to process. Permits processed
through the Commission require a deposit fee of $750.00 (full cost recovery)
and take a minimum of four weeks. Permits requiring City Council approval
take from seven to eight weeks and also requires a deposit fee of $750.00.
Analysis
The general trend in recent years has been for government to exercise greater
control over land development by requiring that they be processed through a
formalized procedure such as the conditional use permit and design review
procedures. In addition, the legislative body has a need to be more involved
in the decision making process on projects which could affect the general
character and direction in which the City is developed.
Making the determination on which uses have a citywide impact and which do not
is subjective. The staff is recommending that the vast majority of uses now
listed for CUP approval in the unclassified section be considered as having
potential citywide impact. If implemented, this change will require City
Council approval of those land uses.
The proposed amendment would provide for City Council action on all
unclassified uses except those which do not have a citywide impact such as
campgrounds, churches, and small scale amusement facilities.
v
Page 3, Item 6,-6a- 9
Meeting Date 11/22/83
The next phase of review for the Planning Department will be consideration of
land use designations in the standard zoning categories ( i .e. , C-T, I-L, and
I) which require CUP approval and may also have citywide impact.
Conclusion
The present process of public hearings before the Planning Commission as well
as the environmental review process, gives the public adequate notice of
projects which have a Citywide impact or involve hazardous waste materials.
What appears to be missing from the process is a way of bringing significant
land use issues with citywide impact to the Council' s attention.
The staff recommendation would provide for Council action on all unclassified
conditional use permits approved by the Planning Commission as listed in the
recommendation section.
However, the Planning Commission concluded that such a change in the ordinance
would create unnecessary work for the City Council by automatically referring
each item on to Council for final approval. The Planning Commission
determined that forwarding a resolution of their action on to the City Council
(as an information item) would adequately identify the item and the issues.
Council would then have the discretion of scheduling a hearing if they wished
to take further action.
FISCAL IMPACT: None. All applications are on a full cost recovery fee
system.
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EXHIBIT "A"
19.54.020 Designated-Limitations and standards.
The following uses may be considered for location in any zone, subject to
the provisions set forth herein, and additional conditions set forth in
Chapter 19.58 (references indicated for uses) :
A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See Section 19.58.040;
C. Cemeteries: See Section 19.58.080;
D. Colleges, universities, private schools, elementary and secondary public
schools' ;
E. Columbariums, crematoriums and mausoleums, provided that these uses are
specifically excluded from all R zones unless inside of a cemetery: See
Section 19.58.080;
F. Churches: See Section 19.58.110;
G. Dumps, public or private;
H. Hospitals, including, but not limited to, emergency, general,
convalescent, rest homes, nursing homes (for the aged, crippled, mentally
retarded of all ages) , psychiatric, etc. : See Section 19.58.110.
Further, that approval shall not be granted until the following findings
can be made W//NY/Vlku i j//CbkAAttAbA (homes for mentally retarded
children) :
1. The size of the parcel to be used shall provide adequate light and
air in proportion to the number of residents.
2. The location of windows and open play areas shall 1ST/A000144 by
the planning commission be so situated as to not adversely impact
adjoining uses.
3. Spacing between these facilities shall be such that the character of
the neighborhood is not affected by the grouping of these homes;
I . Mortuaries: See Section 19.58.080;
J. Establishments or enterprises involving large assemblages of people or
automobiles, as follows, provided that these uses shall be to be generally
undesirable in the R zones:
1. Airports and heliports: See Section 19.58.180;
2. Amusement parks and amusement enterprises: See Section 19.58.040;
3. Arenas: See Section 19.58.040;
4. Circuses, carnivals or fairgrounds (other than temporary uses) : See
Section 19.58.040;
5. Museums;
6. Open air theaters, except drive-in theaters: See Section 19.58.120B;
7. Race tracks and rodeos: See Section 19.58.040;
8. Recreational centers, commercially operated: See Section 19.58.040;
9. Stadiums;
10. Shooting clubs: See Section 19.58.270;
11. Ambulance service (excluded from all residential zones unless located
within a hospital complex) ;
K. Golf courses: See Section 19.58.090;
L. Passenger stations for rail or bus travel;
B- 9
EXHIBIT "A" (Continued)
M. Public and quasi-public uses;
N. Radio or television transmitters;
0. Trailers (commercial coaches) : See Section 19.58.330;
P. Senior housing developments: See Section 19.58.390.
Conditional use permit applications for the uses listed in this chapter except
campgrounds, churches, amusement arcades and centers, trailers (commercial
coaches) and borrow pits of not more than 2 acres, shall be considered by the
City Council subsequent to its receipt of recommendations thereon from the
Planning -Commission.
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