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HomeMy WebLinkAboutPlanning Comm Reports/1993/10/13 (7) City Planning Commission Agenda Item for Meeting of 10/13/93 Page 1 5. PUBLIC HEARING: PCA-94-01: Consideration of amendment to Chula Vista MuniciDal Code Section 19.14.050A to allow aDDlicants for Dlanninl!: Dermits to bYDass the Zoninl: Administrator and have their aDDHcations considered directly by the Planninl!: Commission in DubHc hearinl!: A. BACKGROUND In February, the City Council requested staff to pursue several permit streamlining actions which had been referred to staff for evaluation. One of the items directed by the Council was to "prepare a draft ordinance which would provide an applicant with the option to bypass the Zoning Administrator and take applications directly to the Planning Commission." (ref. City Council Referral No. 2726) The Environmental Review Coordinator has determined that the amendment is exempt from environmental review under Section 15061 (b3) of the CEQA Guidelines. B. RECOMMENDATION Adopt Resolution No. PCA-94-01 recommending that the City Council approve the amendment in accordance with the attached draft City Council ordinance. C. DISCUSSION Section 19.14.030 of the Municipal Code allows the Zoning Administrator to approve, disapprove, or conditionally approve certain types of Conditional Use Permits, variances, site plan and architectural approvals, zoning permits, and home occupation permits. Section 19.14.040 of the Municipal Code further provides that "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. " Council requested staff to prepare a Code amendment which would provide that a project applicant may also request that action by the Zoning Administrator be waived, and that the matter be scheduled for public hearing before the Planning Commission. This would allow an applicant to have the matter scheduled for a public hearing before the Planning Commission immediately upon filing of an application, rather than requiring an action by the Zoning Administrator and appeal of that action to the Planning Commission. An applicant may wish to select this option if he or she is aware of significant public controversy regarding a proposal, or is aware of conditions which may be imposed by the Zoning Administrator which are unacceptable, based on preliminary input from City staff. By taking this approach, a public 5- ( City Planning Commission Agenda Item for Meeting of 10/13/93 Page 2 hearing before the Planning Commission could be scheduled more quickly than if the applicant were required to await action by the Zoning Administrator and file an appeal of that action. The proposed amendment to Section 19.14.050.A would read as follows: 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 addition. a proiect applicant mav request that anv such matter be referred directlv to the Planning Commission for action. In such cases, a public hearing as provided herein shall be mandatory. It should be noted that the Planning Department staff already offers project applicants the option of having these types of matters referred directly to the Planning Commission. However, the proposed Municipal Code amendment would remove any ambiguity regarding the right of an applicant to request such a referral, and would ensure that all applicants are aware of this option at the earliest point in the process. (PCA-94-01.rpt) 5..~ RESOLUTION NO. PCA-94-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO CVMC SECfION 19.14.030 A. TO ALLOW APPLICANTS FOR PLANNING PERMITS TO BYPASS THE ZONING ADMINISTRATOR AND HAVE THEIR APPLICA TIONS CONSIDERED DIRECfL Y BY THE PLANNING COMMISSION IN A PUBLIC HEARING - CITY INITIATED WHEREAS, Section 19.14.030 of the Municipal Code allows the Zoning Administrator to approve, disapprove, or conditionally approve certain types of Conditional Use Pennits, variances, site plan and architectural approvals, zoning permits, and home occupation pennits, and WHEREAS, in February 1992 the City Council directed staff to prepare a draft ordinance amendment to CVMC Section 19.14.050 A to allow applicants for planning pennits to bypass the Zoning Administrator and have their applications considered directly by the Planning Commission, and WHEREAS, the proposed code amendment would provide applicants with the option to request that a project be scheduled for a public hearing before the Planning Commission immediately upon filing a planning permit application, rather than requiring an action by the Zoning Administrator and appeal of that action to the Planning Commission, thus expediting project processing, and WHEREAS, the Planning Director set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., October 13,1993, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Environmental Review Coordinator has detennined that the amendment is exempt from environmental review under Section 15061(b)(3) of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOL VED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council adopt the proposed Municipal Code amendment modifying the planning permit processing procedures in accordance with the attached draft City Council Ordinance. That a copy of this resolution be transmitted to the City Council. 5..3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 13th day of October, 1993 by the following vote, to wit: AYES: NOES: ABSENT: Thomas A. Martin, Chairman A TIEST: Nancy Ripley, Secretary WPC F:\lIOME\PLANNING\l345.93 s.L( ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.14.050A OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW APPLICANTS FOR PLANNING PERMITS TO BYPASS ZONING ADMINISTRATOR HEARING TO EXPEDITE CONSIDERATION BY PLANNING COMMISSION SECTION I: That Section 19.14.050A of the Chula vista Municipal Code is hereby amended to read as follows: 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 addition. a proiect applicant mav reQuest that anv such matter be referred direct Iv to the PlanninQ Commission for action. In such cases, a public hearing as provided herein shall be mandatory. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by '.ffO m :D ity Robert A. Leiter, Director of Planning C:\or\1914050 5-S