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HomeMy WebLinkAboutAgenda Statement 1984/05/08 Item 17 COUNCIL AGENDA STATEMENT . ' Item 17 Meeting Date 5/8/84 ITEM TITLE: Report - Propo- .., Amendments to Chapters 19 .14 , 19 .54 and 19 .58 of th- ' nicipal Code relating to Carnivals SUBMITTED BY: City Attorney. ,, (4/5ths Vote: Yes No X ) Director of V-I'anni Iii LL The proposed draft ordinance establishes a procedure whereby the Zoning Administrator is authorized to process applications for conditional use permits for carnivals and circuses with an appeal right to Council. 0 RECOMMENDATION: Refer the matter to the Planning Commission and staff for additional review analysis and recommendation. BOARD/COMMISSION RECCNDATION: Pending referral DISCUSSION: r) At its meeting of February. 21, 1984, the City Council requested that staff prepare an amendment to existing Cit Codes relating to a special review process for carnivals. Proposed Section 19.58.042 establishes general development standards the Zoning Administrator shall follow in determining whether or not to grant or deny the permit. At the option of the Zoning Administrator, the application may be referred to the City Council. This ordinance will allow for the expedited handling of permit applications. Typically, these p� lications come in a short time prior to the requested dates andtie requirement that they require a conditional use permit through the Planning Commission would in effect prohibit them. The matter should be refeQed to the Planning Commission for their recommendation. Concurrently, the affected departments will have a chance to review it and Planning can refine the proposed development criteria. (7( „„,401003. 4.e...e,eci FISCAL IMPACT: N/A zer Dated —�,� Form A-113 (Rev. 11/79) EXHIBIT A PROPOSED REVISIONS TO THE MUNICIPAL CODE RELATING TO CARNIVALS Sec. 19. 14.030 Zoning Administrator-Actions Authorized Without Public Hearing. The zoning administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing: A. Conditional use permit: The zoning administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: 1. Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question. 2. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. 3. For signs as defined herein, and temporary tract houses, as limited herein. 4. The zoning administrator is authorized to consider and to approve, deny, or modify applications for conditional use permits for carnivals and circuses. The zoning admini- strator shall set the matter for public hearing in the manner provided herein. -1- on5 0 Sec. 19. 14.050 Public Hearing-Mandatory When. A. The zoning administrator may, at his option, refer any of the matters on which he is authorized to rule and/or issue a permit to the planning commission for review. In such cases, a public hearing as provided herein shall be mandatory. B. Any person who disagrees with the ruling of the zoning administrator may appeal such ruling to the planning commission. In such cases, a public hearing as provided herein shall be mandatory. C. Notwithstanding the above provisions, the zoning administrator may, at his option, refer applications for carnivals and circuses on which he is authorized to issue a permit to the city council for review. In such cases, a public hearing as provided herein shall be mandatory. SECTION II: That Section 19. 54. 020 of Chapter of 19.54 of the Chula Vista Municipal Code be, and the same is hereby amended to read as follows: Sec. 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; 1 S -2- )-° 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 (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 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 deemed 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. 91)/ S1 VVV,//g V, 4,/p Fairgrounds: 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 19.58.200, 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; 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 section except campgrounds, churches, amusement arcades and centers, trailers (commercial coaches) and borrow pits of not more than two acres, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission. SECTION III: That a new Section 19.58.042 be, and the same is hereby added to Chapter 19.58 of the Chula Vista Municipal Code to read as follows: Sec. 19.58.042 Carnivals and Circuses. Carnivals and circuses shall be subject to the following development standards: A. Carnivals shall be restricted to locations where the ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards and provide adequate parking; B. Adequate controls or measures shall be taken to prevent offensive noise, vibration, dust and glare from any indoor or outdoor activity onto adjacent property or uses; C. The time of operation and the duration shall be limited by consideration of the impacts on the surrounding uses or the community as a whole. To minimize the adverse impact on the community, no more than four (4) circuses or carnivals shall be permitted during any twelve month period. Carnivals and circuses shall have adequate insurance, pursuant to City Council Policy, to indemnify the city from liability. A business license shall be required. e\6 -4- D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by the Fire Marshal including inspection prior to opening. Security guards as required by the Police Department shall be provided. Uniformed parking attendants to be determined by the Traffic Engineer. The number of sanitary facilities shall be as determined by the Department of Building and Housing. E. The zoning administrator has the right to impose additional standards or waive any of the above standards on the finding that said standards are or are not necessary to protect the public health, safety and general welfare. F. A bond shall be posted to cover any works and compliance with conditions to be done once the carnival is over. Any violation of the above regulations which has been substantial shall be sufficient grounds for the zoning administrator to revoke the conditional use permit and removal of the circus or carnival from the property. Additions //// Deletions l‘3 -5- 0