HomeMy WebLinkAbout2007/05/01 Item 15
CITY COUNCIL
AGENDA STATEMENT
MAY 1, 2007, Item~
ITEM TITLE:
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 5 OF THE CHULA VIST A MUNICIPAL
CODE ADDING TO CHAPTER 5.44.010 PROVISIONS FOR
A CONDITIONAL USE PERMIT FOR RACE TRACKS FOR
VEHICLES WITH INTERNAL COMBUSTION ENGINES
(FIRST READING).
PLANNING & BUI~G DEPARTMENT ~
CITY MANAGERd I ~
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
4/STHS VOTE: YES D NO ~
An inconsistency exists between Chapter 5.44.010 which states that it is unlawful to hold
races on a race track for vehicles propelled by internal combustion engines and Chapter
19.54.020.J.7, which provides that establishments or enterprises involving large
assemblages of people or automobiles such as race tracks and rodeos, defmed as
amusement and entertainment facilities, may be permitted through a Conditional Use
Permit. Amending Chapter 5.44.010 to add a final sentence stating an exception for races
on a racetrack with the approval of a Conditional Use Permit will correct this
inconsistency.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity in question may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That City Council adopt the ordinance amendment and place the Ordinance on first
reading.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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MAY 1,2007,1tem~
Page 2 of2
DISCUSSION
The City Council, pursuant to Municipal Code section 5.44.010, determined that races on
racetracks propelled by internal combustion engines be prohibited within the City of
Chula Vista. Subsequently, section 19.54.020.J.7 of Title 19 (Zoning) of the Municipal
Code was enacted which contains provisions for such uses with a Conditional Use
Permit. Therefore, these two Municipal Code provisions are inconsistent with each other.
The attached draft ordinance proposes that Chapter 5.44.010 be amended with the
following language (underlined) so that the inconsistency can be eliminated:
IT IS UNLAWFUL FOR ANY PERSON TO OPERATE OR TO SPONSOR A RACE
TRACK FOR VEHICLES PROPELLED BY INTERNAL COMBUSTION ENGINES,
OR TO PARTICIPATE IN OR TAKE ANY PART IN THE OPERATION OF SUCH A
RACE TRACK OR IN ANY RACE INVOLVING ANY SUCH VEHICLES, WITHIN
THE CITY EXCEPT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT
AS PROVIDED FOR IN CVMC SECTION 19.54.020.J.7. CORD. 2408 & L 1990:
PRIOR CODE & 20.14).
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
No fiscal impact.
ATTACHMENTS
Draft Ordinance
Prepared by: Harold Phelps, Associate Planner, Planning & Building Department
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 5.44.010 ADDING
PROVISIONS FOR A CONDITIONAL USE PERMIT
FOR RACES AND RACE TRACKS FOR VEHICLES
WITH INTERNAL COMBUSTION ENGINES.
WHEREAS, the City Council of the City of Chula Vista adopted an ordinance
adding Chapter 5.44.010 to the ChuIa Vista Municipal Code to prohibit races on race
tracks for vehicles propelled by internal combustion engines; and,
WHEREAS, Chapter 19.54.020.1.7 provides that establishments or enterprises
involving large assemblages of people or automobiles such as race tracks and rodeos,
defined as amusement and entertainment facilities, may be permitted through a
Conditional Use Permit; and,
WHEREAS, this ordinance amendment is to correct this inconsistency between
Chapter 5 and Chapter 19 of the Chula Vista Municipal Code; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity in question may have a significant
effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines the activity is not subject to CEQA and no environmental review is necessary.
WHEREAS, the City Clerk has placed this ordinance on the consent calendar
for the City Council meeting scheduled for 6:00 p.m. May I, 2007 in the Council Chambers,
276 Fourth Avenue; and,
WHEREAS, the City Council finds that the proposed code amendment will provide
internal consistency between Chapter 5 and Chapter 19 of the Chula Vista Municipal Code.
NOW, THEREFORE, the City Council of the City of Chula Vista ordains that
Chapter 5.44.010 of the Municipal Code is amended to read as follows:
IT IS UNLAWFUL FOR ANY PERSON TO OPERATE OR TO SPONSOR A RACE
TRACK FOR VEHICLES PROPELLED BY INTERNAL COMBUSTION ENGINES,
OR TO PARTICIPATE IN OR TAKE ANY PART IN THE OPERATION OF SUCH A
RACE TRACK OR IN ANY RACE INVOLVING ANY SUCH VEHICLES, WITHIN
THE CITY EXCEPT WITH THE APPROVAL OF A CONDITIONAL USE PERMIT
AS PROVIDED FOR IN CVMC SECTION 19.54.020.1.7. CORD. 2408 & L 1990;
PRIOR CODE & 20.14).
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This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption and second reading.
Submitted by
Approved as to form by
James Sandoval
Director of Planning and Building
J :\PLANNINGIHAROLDIRESOLUTIONSIRACEORDINANCE.DOC
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