HomeMy WebLinkAboutPlanning Comm Reports 2004/03/10
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
Wednesday, March 10,2004,6:00 p.m.
Public Services Building
276 Fourth Avenue
Chula Vista, CA 91910
CALL TO ORDER: Castaneda
Madrid O'Neill Hall
Cortes
Horn
Felber
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
APPROVAL OF MINUTES:
February 11, 2004
February 25, 2004
March 3, 2004
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission on
any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may Ilot exceed three minutes.
1. PUBLIC HEARING:
PCC 03-51; Conditional Use Permit for an expansion of
an existing beer and wine alcoholic beverage license to
include the sale of distilled spirits for off-site use and
consumption at 72 East ")" Street. Applicant: Mr.
Horman Razuki.
Project Manager: Ryan Goodness, DST
2. PUBLIC HEARING:
PCA 04-02; Zoning Ordinance Amendment proposal to
amend the Chula Vista Municipal Code to regulate
certified farmer's markets and ambulance services.
Applicant: City of Chula Vista.
Project Manager: John Schmitz, Principal Planner
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, ill complying with the Americdl1 with Di<;dbilitips Act (ADA), requP'3ts
individuals who rpquln-' ~pPCidl acc:ommoddtiolls tu access, <:dlend, and/or participate in a City
meeting, activity, or servin', rf-'quP<;t such dccommodations at leJ.st forty eight hours in advance
lor meetings, "md fivp days for sc:hl-'duled services dnd activities. Please contact Dialld Vargas for
specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at
585-5647, California Relay Service is also available for the hearing impaired,
PLANNING COMMISSION AGENDA STATEMENT
Item: l
Meeting Date: 03/10/2004
ITEM TITLE:
Public hearing: consideration ofa Conditional Use Permit PCC-03-51 for an
expansion of an existing beer and wine alcoholic beverage license to include
the sale of distilled spirits for off-site use and consumption at 72 East "J"
Street. The applicant is Mr. Horman Razuki.
The Applicant, Mr. Horman Razuki, has submitted a Conditional Use Permit application to allow the
Fair Market & Hollywood Pizza store located at 72 East "J" Street (see Locator) to expand the
existing beer and wine liquor license to include the sale of distilled spirits for off-site consumption.
The EnvironmentaJ Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is exempt based
on Section 15301 Categorical exemption pursuant to CEQA guidelines, thus no further
environmental review is necessary.
RECOMMENDATION:
That the Planning Commission deny the Conditional Use Permit PCC-03-51.
DISCUSSION:
1. Project Background
The Department of Alcoholic Beverage ControJ (ABC) is requiring the applicant to obtain
City zoning approval as a prerequisite to the granting of his request to expand Fair Market &
Hollywood Pizza's current ABC beer and wine permit to allow for the sale of distilled spirits
for off-site consumption.
The applicant's existing license to sell liquor has been transferred twelve times since 1963.
It should be noted that the permit's linage extends back to 1945. At the time, the property
was zoned R-1, Single Family Residence Zone. In 1971, the parcel's zone was changed to
C-N, Neighborhood Commercial Zone. According to staff, the change was made to have
more control over development and maintenance of the site than ifit had been left as a R-1
zone with a non-confornling use.
On January 31, 2003, PJanning and Building Department staff sent correspondence to the
Department of Alcoholic Beverage Control informing the agency that the City requires a
Conditional Use Permit when upgrading a license in the CN Zone. Because Mr. Razuki
currently does not have such a CUP, the ABC put his application to sell distilled spirits at 72
East J Street on hold pending the City ofChula Vista's approval.
Page 2, Item:
Meeting Date: 03/10/04
On February 14, 2003, staff was notified that area residents where concemed about the
expansion and that they had notified the Sweetwater Union High School District.
This project was onginally scheduled for the December 10,2003 Planning Commission
hearing, but staff requested the hearing be continued to the January 21, 2004 where the
public hearing was opened and input was allowed from residents at the meeting.
Frank Lopez. 731 Brookstone Rd. Unit 101, Chula Vista, CA, stated that he opposes this
CUP requesting to expand the present beer and wine liquor Jicense to include distilled spirits;
he also submitted a document delineating the reasons for his opposition (Attachment 5). He
further indicated, that in his opinion, the store is successful with its present practice of selling
beer and wine and does not need to expand to the sale of hard liquor. Mr. Lopez urged the
commission to deny the project.
Rodney Garcia, 511 G Street, Cllllla Vista, CA representing the Youth Coalition and a/so
speaking as an advisor to the City ofChula Vista Youth Commission. Mr. Garcia stated that
the Coalition supports the stance made by Mr. Lopez, and it is their concern that the approval
of this Conditional Use Pennit would provide an easier access ofa1cohol to young people.
He urged the Commission to oppose the project.
After hearing Mr. Lopez's and Mr. Garcia's comments, the meeting was continued to
February 25, 2004. At that meeting, more citizens expressed concern about Mr. Razuki's
application to sell distilled spirits and at the request of staff the hearing was continued once
again to March 10, 2004.
2. Project Setting
The Fair Market & Hollywood Pizza store, along with a beauty shop, Mexican restaurant,
barbershop and a school food preparation facility is located in a very small neighborhood
shopping center. The site is surrounded by Fire Station #52 to the east and Hilltop Middle
School to the west. Additionally, the Chula Vista Elementary School District's
administrative offices are located to the south of the project and single-family detached
residential dwellings are located across the street to the north (see Locator).
3. General Plan Land Use and Zoning
General Plan
Site: Commercial Retail
N: Residential
S: Chula Vista Elementary
School District Offices
W: Hilltop Middle School
E: CCV Fire Station #52
Zoning
C-N
R-I
Current Land Use
Neighborhood Commercial zone
Single-Family Detached
R-I
R-1
R-I
Office
Middle School
Fire Station
4. Project Description
Page 3, Item:
Meeting Date: 03/10/04
The conditional use permit application requests approval of an expansion of an existing beer
and wine liquor license to sell distilled spirits/hard liquor.
The activities currently conducted at the Fair Market & Hollywood Pizza store include two
commercial components: I) the sale of dry good and grocery items; and 2) walk-in and take-
out food services, including the sale of beer and wine. The hours of operation are Monday
thru Friday from 7:00 am to 9:00 pm and Saturday and Sundays from 8:00 am to 9:00 pm.
5. Project Data
Assessor's Parcel Number: 574-281-61-00
General Plan Designation: CR, Commercial Retail
Current Zoning: CN, Neighborhood Commercial Zone
6. Staff Analysis
The applicant's one-acre parcel is adjacent to Hilltop Middle School (enrollment: 1,250).
The distance between the store's front door and the closest classroom building is less than
200 feet away. In addition, an elementary school's playground area (Hilltop enrollment:
325) is 1000 feet to the west. Because of the Project's close proximity to schools, a large
number of students will pass by and frequent the applicant's restaurant and market (e.g.,
buying colas, candy, snacks, etc.) - where distilled spirits will be for sale and readily visible.
Pursuant to Chula Vista Municipal Code (CVMC) ~ 19.34.030 (H), a CUP must be obtain to
sell alcoholic beverages for off-site consumption when such sales require the ABC to issue a
different alcoholic beverage license than the one previously held. The issuance of the CUP
is governed by CVMC Ij 19.14.030.
According to Section 19.14.030, a conditional use permit for an establishment that sells
alcohol shall not be granted unless substantial evidence exists that (I) all ofthe facts listed in
CVMC 19.14.080 exist (i.e., the typical CUP findings); and (2) the approval of the permit
will not result in an over concentration of facilities permitted to sell alcohol. Over
concentration of such facilities may be found to exist based on (a) the number and location of
existing facilities; (b) compliance with State Alcohol Beverage Control over concentration
standards; (c) the impact of the proposed facility on crime; and (d) the impact of the
proposed facility on traffic volume and traffic flow.
In the case at hand, overconcentration does not appear to be a problem because there are only
three off-sale facilities in the US Census tract where the Project is located (thereby meeting
ABC overconcentration standards); the crime rate in the area is average; and the traffic
volume will not significantly increase if the new permit is granted.
Still, it is staffs opinion that the sale of distilled spirits, in addition to beer and wine, less
than 200 feet from a middle school in a residential neighborhood creates undesirable impacts
Page 4, Item:
Meeting Date: 03/10/04
that significantly affect thc public's health, safety and general welfare. It is also worth noting
that, distilled spints may be purchased at numerous locations less than one mile from the
applicant's store (e.g., grocery and drug stores on Third Ave. and Telegraph Canyon Rd.).
Negative Impacts on the Neighhorhood 's Residence and Schools
According to the City's Police Department, distilled spirits are abused more than beer and
wine, and their consumption is more directly related an area's crime rate. Many problem
drinkers who abuse alcohol in public prefer distilled spirits and obtain their beverages from
off-sale sites. Some have a tendency to do their drinking in areas adjacent to such sites. The
close proximity of take-out food to an off-sale site also increases the probability of
individuals consuming alcohol in public. As a result, there is usually an increase in crime
and littering (alcoholic beverage containers) in and around such establishments.
The negatives mentioned above have an even greater impact when a school is near the
establishment selling alcohol; which is why, local residents, the Sweetwater Union High
School District and the Chula Vista Police Department are not supportive of Mr. Razuki's
application (see Attachments 3 and 4, respectively). Understandably, all parties are
concerned about the exposure of younger children to alcohol and the increased likelihood of
crimes being committed in their presence.
7. Conclusion
To grant the applicant a conditional use pennit to sell distilled spirits at his store, the
Planning Commission would have to find that the proposed use is necessary or desirable, will
contribute to the general well being of the community, and would not be detrimental to the
health, safety and welfare of those residing and working in the vicinity. Because of the
negative societal impacts associated with the sale of distilled spirits; the fact that the store is
surrounded by a single-family neighborhood; there are many places to buy distilled spirits
less than a mile away from the Project site; and a middle school and elementary school are
nearby, staffrecommends that Mr. Razuki's application for conditional use pennit to sell
distilled spirits at 72 East J Street be denied.
Attachments
1. Planning Commission Resolution
2. Census Map
3, Letter from the School District
4. Letter from Chula Vista Police Department
5. Mr. Frank Lopez's opposition statistics
6. Disclosure Statement
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPLICANT: HOMAN RAZUKI CONDITIONAL USE PERMIT
PROJECT 72 EAST "J" STREET Request: Proposal to extend existing liquor license
ADORESS: FAIR MARKET & HOLLYWOOD PIZZA
SCALE: to sell hard liquor,
FILE NUMBER:
NORTH No Scale PCC-03-51
j:\home\planninglcherrylcllocatorslpcc0351.cdr 01,14.03
RESOLUTION NO. PCC 03-51
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING CONDITIONAL USE PERMIT PCC-
03-51, FOR AN EXPANSION OF AN EXISTING BEER AND
WINE ALCOHOLIC BEVERAGE LICENSE TO INCLUDE
THE SALE OF DISTILLED SPIRITS FOR OFF-SITE USE AND
CONSUMPTION AT 72 EAST "J" STREET, WITHIN C-N
ZONING DISTRICT - HORMAN RAZUKI
WHEREAS, a duly verified application for a Conditional Use Pennit was filed with the
City of Chula Vista Planning Division on January 2, 2003, by Honnan Razuki ("Applicant"); and
WHEREAS, said applicant requested an expansion of an existing beer and wine alcohol
beverage license to include the sale of distilled spirits for off-site use or consumption ("Project")
at 72 East "J" Street, within a Neighborhood Commercial zone ("Project Site"); and
WHEREAS, the Environmental Review Coordinator, in compliance with the California
Environmental Quality Act (CEQA) has concluded that this project is exempt based on Section
15301 Categorical exemption pursuant to CEQA guidelines; and
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional Use Pennit application and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property at least
10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on January 21,
2004, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue and was ultimately continued to the
March 10, 2004 Planning Commission meeting were said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at ,said
public hearing with respect to the conditional use pennit application, the Planning Commission
voted _to deny the Conditional Use Pennit.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of
Chula Vista is unable to make the findings, as set forth below, required by the City of Chula
Vista Zoning Ordinance to approve the issuance of the Applicant's conditional use pennit. The
evidentiary basis that prohibits the required findings from being made is provided after each
finding.
A. That the proposed use at the particular 10catiou is necessary or desirable to provide
a service or facility which will contribute to the general well-being of the
neighborhood or the community;
The proposed use of off-selling distilled spirits in addition to beer and wine at the Project
Site is not a necessary or desirable use. While there is certainly a legitimate market for
distilled spirits, those in the neighborhood wishing to purchase such goods can obtain
them from purveyors located less than one mile away. Furthennore, the general well-
bcing ofthc ncighborhood would not be enhanced because the negative societal impacts
associated with the sale of distilled spirits outweighs the convenience which would be
provided by the applicant's proposed use.
2. That such use will under the circumstances of the particular case be detrimental to
the health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
Under the circumstances, the proposed use will be detrimental to the health, safety and
general welfare of the persons residing, working and attending school in the vicinity.
Distilled spirits are abused more than beer and wine, and their consumption is more
directly related to a rise in an area's crime rate. Many problem drinkers who abuse
alcohol in public prefer distilled spirits and obtain their beverages from off-sale sites.
Some have a tendency to do thcir drinking in areas adjacent to such sites. The close
proximity of take-out food to an off-sale site also increases the probability of individuals
consuming alcohol in public. As a result, there is almost always an increase in crime and
littering (alcoholic beverage containers) in and around such establishments.
The negative impacts mentioned above will directly impact those in the neighborhood,
especially the children attending school less than a couple of hundred feet away-
unnecessarily, exposing them to alcohol and increasing the likelihood of crimes being
committed in their presence.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The Zoning Code requirements for the C-N zone allow the sale of alcoholic beverages or
the expansion ofan alcoholic beverage license subject to a conditional use penni!. If the
conditional use pennit was approved by the Planning Commission and the State
Department of Alcoholic Beverage Control issued the appropriate license, the proposed
Project would appear to be in compliance with all regulations and conditions specified in
the Code for such use. However, the Planning Commission cannot make the findings
necessary to grant such a penni!.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The sale of alcoholic beverages or the expansion of an alcoholic beverage license at the
Project location would not adversely affect the General Plan because the property is
designated commercial-retail and located in a C-N zone, which allows alcohol sales with
a conditional use penni!. However, the Planning Commission cannot make the findings
needed to grant such a penni!.
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny
Conditional Use Pennit PCC-03-51, authorizing the expansion of the alcohol bcverage license at
72 East J Street, in accordance with the findings contained in this resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, thIs 10th day of March, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Castaneda, Chair
ATTEST:
Diana Vargas, Secretary
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hment 2
Attac
D.,-DZ-DJ 01:04pm From-Sweetwater UHSD Plannini
+619420-0339
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SWEElWATER
UNION I-IIGH SCHOOL DISTRICT
December 2, 2003
Mr, Ryan Goodness
City of Chula Vista
'2.76 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Goodness:
Re: PCC 05-31/Expanded Liquor License-72 East J Street, Chula Vista
The Sweetwater Union High School District is not supportive of expanding the liquor
license on the above project because of its close proximity to both HiJItep Middle and
Hilltop High Schools
If you have any questions concerning this decision, please contact me at 691-5553,
Sincerely,
K~~F~
Director of Planning & Construction
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PLANNING
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Ikpnrtmerrt Qf rlanning & Construction
1130 Fifth Avenue., ChwlL Vi::.1:;L, California 91911
6J9-691-5553. Business 619-420-0339'" r.s.):
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CllY OF
CHULA VISTA
POLICE DEPARTMENT
MEMORANDUM
DATE: February 18,2004
TO: Honorable Members of the Chula Vista Planning Commission
Jim Sandoval, Director of Planning and Building
FROM: Richard P. Emerson, Chula Vista Police Departmen~~<V
SUBJECT: Application to Expand 72 East J Street Liquor License
This memorandum outlines the Chula Vista Police Department's opposition to the granting of a
conditional use pennit, which would allow the owner of 72 East J Street to sell distilled spirits in
addition to beer and wine.
The Police Department feels the sale of distilled spirits, in addition to beer and wine, has a greater
negative impact on a neighborhood than just seJling beer and wine alone. That explains one of the
reasons why there are different licenses for the two different activities. It well documented that
distilled spirits are abused more than beer and wine and are more closely associated with a significant
increase in an area's crime rate. Many problem drinkers who abuse alcohol in public prefer distilled
spirits and obtain their beverages from off-sale sites. Some have a tendency to do their drinking in
areas adjacent to such sale sites. The close proximity of take-out food to an off-sale site also increases
the probability of individnals consuming alcohol in public. As a result, there is usually an increase in
crime and littering (alcoholic beverage containers) in and around such establishments. To put it
simply, more choices mean more sales and more alcohol-related problems, especially when the new
product being sold is more directly linked to criminal and socially unacceptable behavior.
The negative impacts mentioned above are even more serious when a school is near the establishment
selling alcohol. In the case of 72 East J Street, the applicant's one-acre parcel is adjacent to Hilltop
Middle School (enrollment: 1,250). In fact, the distance between the store's front door and the closest
classroom building is less than 200 feet away. Furthennore, an elementary school's playground area
(Hilltop - enrollment: 325) is 1000 feet to the west. Because of this, a large number of students will
pass by and frequent the applicant's restaurant and market (e.g., buying colas, candy, snacks, etc.),
where the distilled spirits will be readily visible. Accordingly, the Police Department is worried about
the exposure of younger children to alcohol, the increased likelihood of encounters between
intoxicated individuals and children (which tends to legitimize that behavior in their eyes), and the
commission of crimes which might affect/involve children.
In short, we believe the expansion of the liquor license at 72 East J Street will be detrimental to the
general welfare of the school, its students, and the surrounding single-family neighborhood.
Therefore, we recommend denial ofthe conditional use permit.
276 FOURTH AVENUE' CHULA VISTA - CALIFORNIA 91910
@ Post-lonsumerRecydedPaper
A-I lAC Iff! Ul7 c..;
City of Chula Vista - Planning Commission
January 20, 2004
Recommendation:
To deny the proposed conditional use permit (CUP) for 1he off-sale of general alcoholic
beverages at 72 East J Street, Chula Vista, CA.
J ustificatio n/Sta tistics:
. An additional alcohol license is unnecessary in this area ofChula Vista.
. The location is 528 feet ftom Hilltop Middle School (44 East J Street, Chula
Vista).
. Chula Vista Municipal Code (CVMC) 23789 states:
(b) The department is specifically authorized to refuse the issuance. other than
renewal or ownership transfer, of any retail license for premises located within at
least 600 feet of schools and public plaVf!rounds or nonprofit youth facilities,
including, but not, limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire
Girls. This distance shall be measured pursuant to rules of the department
. It is also 2,112 Feet ftom Hilltop Elementary, HTHS, and Hilltop Park (780 Hilltop Drive).
Children and youth are ftequenting this area as they go to and ftom schooL The
possibility of having an additional license in this area increases general risk to
public health and safety.
Research studies have found that by adding a single alcohol outlet:
=:> 2.7 additional motor vehicle accidents occur (Scribner, 1999)
=:> 3.4 additional assaults occur (Scribner, 1999)
=:> 5% increase risk of murder (RonceklMaier, 1991)
=:> Increase violent crimes committed by youth (Alaniz/Parker, 1998)
Concerns:
An additional alcohol license has the potential to increase crime and may therefore....
a. Reduce resident quality oflife, safety and security
b. Increase the need for police services.
For the safety and security of us residents living in Chula Vista, I urge you to make
informed decisions, and not reduce the quality oflife for us, by adding more alcoholic
beverages (hard liquor) in the outlet near a schooL
AI,/"It:.H/1 G' /JT 5'
Appendix B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
HtlM/~N /2A2v\L1
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
.-
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No X
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No X If yes, state which
Councilmember(s):
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PLANNING COMMISSION AGENDA STATEMENT
Item: ::1-
Meeting Date: 3/10/04
ITEM TITLE:
Public Hearing: Zoning Ordinance Amendment PCA-04-02, a proposal to
amend the Chula Vista Municipal Code to regulate certified fanner's markets
and ambulance services. Applicant: City ofChula Vista
The proposal is to amend Section 19.54.020 and add Sections 19.58.148 and 19.58.245 to the Zoning
Ordinance in order to provide new regulations for certified fanner's markets and to provide more
flexibility for locating small-scale ambulance dispatch services throughout the City ofChula Vista.
The Environmental Review Coordinator has reviewed the proposed ordinance amendment for
compliance with the California Environmental Quality Act (CEQA) and has detennined that it is
exempt pursuant to Section 15060 rg (3) of CEQA. Thus, no further environmental review is
necessary
RECOMMENDATION:
That the Planning Commission recommends to the City Council the adoption of the attached
ordinance amending Section 19.58.020 and adding Sections 19.58.148 and 19.58.245 to the Chula
Vista Municipal Code to allow certified fanners' markets and small scale ambulance dispatch
servIces.
DISCUSSION:
I. Background
Although the City of Chula Vista will be conducting a comprehensive update of the Zoning
Ordinance after the completion of the General Plan Update, staff is aware of several issues that
should not be required to wait until this major ordinance study. This begins a series of interim
ordinance amendments that staff hopes to bring forward to address pressing new issues, or to address
existing problems in the Zoning Ordinance that make it difficult for the public to understand and
staff to administer.
The items presented are the result oftwo separate requests, one from a member ofthe public seeking
to establish a farmers' market at Southwestern College, and a second to provide more flexibility for
the City's paramedic service contractor to establish small dispatch centers throughout the City to
improve emergency response times. Staff believed both of these requests were worthy of
consideration and could be addressed with relatively minor adjustments to the Zoning Ordinance.
Page 2, Item: _
Meeting Date: 3/10/04
2. Analysis
The proposed ordinance amendment involves changes to Section 19.54.020, Unclassified Uses, and
the addition of Sections 19.58.148 and 19.58.245 to the Uses section. The amendments to 19.54.020
will allow consideration of the two types of uses mentioned, namely fanners' markets and small
scale ambulance services. It is important to note that the proposed language specifies "certified"
fam1ers' markets. Certified markets are heavily regulated by the state and county agricultural
departments, which generally prevents them from becoming less desirable flea markets or swap
meets. Since there are limited numbers of fam1ers willing to meet the state and county requirements
and be involved in the traveling retail efforts involved, the number of certified famlers markets is
somewhat self-regulating and is not likely to result in a proliferation of these events.
The addition of Section 19.58.148 would outline the minimum standards and specific issues that the
operator of a fanners' market must address as part ofthe conditional use pennit application required.
In itemizing the topics for consideration, staff borrowed heavily from the City of San Diego's
requirements for specia1 events including fanners' markets. While these events typically operate in
public and quasi-public venues, staff attempted to anticipate what other property owners might
consider establishing them. The proposed language would allow all such requests to be considered
on a casc-by-case basis without the need for future ordinance amendments.
Conceming the change to the ambulance services, the City ofChula Vista currently does not allow
its paramedic service contractor to share fire station space. The contractor must therefore establish a
separate series of dispatch locations to meet theirresponse time obJigations to the City. Some ofthe
best locations apparently are in residential areas in which a single ambulance crew will rest and await
thcir next call. Staff believes that the proposed ordinance change will provide the flexibility
necessary to accommodate this system. The ordinance will add Section 19.58.245 to the Uses
section to specify some operational controls for the proposed operations such as number of vehicles
allowed, parking, number of employees etc.
Many "unclassified uses" require City Council final approval of the conditional use pennit. Given
the relatively minor impact that fanners markets and ambulance dispatch centers are expected to
have, staff is proposing that both activities be approved at the Planning Commission level. Appeal
rights to the City Council would still be available.
CONCLUSION
For the reasons mentioned above, staff recommends that the Planning Commission adopt the
attached Planning Commission Resolution recommending City Council approval of the proposed
Zoning Ordinance amendment.
Attachments
I. Draft ordinance
2. Draft Planning Commission resolution
J"\Planning\JolmS\StaffRcporls\P('\2004\P(:A-04-()2 farmers market ()rd .LK)C
RESOLUTION NO. PCA-04-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING SECTION 19.54.020 AND ADDING
SECTIONS 19.58.148 AND 19.58.245 TO THE CHULA VISTA MUNICIPAL
CODE TO ALLOW AND REGULATE CERTIFIED FARMERS MARKETS
AND AMBULANCE SERVICES WITHIN THE CITY OF CHULA VISTA.
WHEREAS, the City of Chula Vista has been approached by an organizer of farmer's
markets who is interested in establishing such an event at Southwestern College; and
WHEREAS, the Chula Vista Municipal Code does not currently have specific
regulations for this unique method of selling food; and
WHEREAS, the City's paramedic service provider must provide their own dispatch
centers throughout the City ofChula Vista to meet contract response time objectives and
some of the most appropriate locations are in a range of zones; and
WHEREAS, staff prepared a draft ordinance amendment for consideration by the
Planning Commission to address both farmers markets and ambulance dispatch services; and,
WHEREAS, the Environmental Review Coordinator has determined that the
proposed ordinance amendment is exempt pursuant to Section IS060( c )(3) of the State
CEQA Guidelines; and
WHEREAS, the Planning Commission 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 as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely March
10,2004, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS
PRESENTED AT THE HEARING, THE PLANNING COMMISSION finds that well
regulated certified farmers' markets can be of benefit to the community and that small scale
ambulance dispatch service offices disbursed to a variety of locations and zones are
necessary to provide an adequate emergency response system for the City of Chula Vista and
recommends that the City Council adopt the ordinance as shown in Attachment "A".
Page 2
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of March, 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Steve Castaneda, Chair
Diana Vargas
Secretary to Planning Commission
J:\Planning\JohnS\Documcnls\Rcsolutions\2UUJ\Pl'M04-01 2nd Unit Ord PC Rcso.Joc
ORDINANCE NO.
--
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.54.020 AND
ADDING SECTION 19.58.148 AND 19.58.245 TO TIlE CHULA
VISTA MUNICIPAL CODE TO ALLOW AND REGULATE
CERTIFIED FARMERS MARKETS AND AMBULANCE
SERYICES
WHEREAS, the City of Chula Vista has been approached by an organizer of farmer's
markets who is interested in establishing such an event at Southwest College; and
WHEREAS, the Chula Vista Municipal Code does not currently have specific regulations
for this unique method of selling food; and
WHEREAS, the City Council believes that well regulated certified fanncrs' markets can
be ofheneJit to the community; and
WHEREAS, small scale ambulance dispatch service offices dishursed to a variety of
locations are necessary to provide an adequate emergency response system for the City of Chula
Vista; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
ordinance amendment is exempt pursuant to Section 15060(c)(3) of the State CEQA Guidelines;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 10,
2004, and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the City's Zoning Ordinance.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. ThaI ,"'eelion ]I),54,(j2(j oj'the Chula Vista Alunicipa/ Code is amended to read
as,ji,l/o\i's:
19.54.020 Designated - Limitations and Standards.
The following uses may hc considered for location in any zone. suhject to the provisions set forth
herein. and additional conditions set forth in Chapter 19.58 CYMC (references indicated for
uses):
A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See CYMC 19.58.040:
C. Cemeteries: See CVMC J 9.58.080;
D. Colleges, universities, private schools, and elementary and secondary puillic schools;
E. Columbariu111s. crematoriums and mausoleums; provided, that these uses are specifically
excluded from all R zones unless inside of a cemetery: See CYMC 19.58.080;
F. Churches: See CYMC 19.58.110;
U. Dumps, public or private;
H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes,
nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric. etc.:
See CYMC 19.58.110.
Further, approval shall not be granted until the following findings can bc made (homes for
mcntally retarded children):
1. The size of the parccl to be used shall provide adequate light and air in proportion to the
number uf 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 eharactcr of the ncighborhood is
nut afleeted by the grouping uf these humes:
I. Mortuaries: See CYMC 19.58.080;
J. Establishments or enterprises involving large assemblages or peuple or autumobiles, as
follows; provided, that these uses shall be deemed to be generally undesirable in the R zones:
I. Airports and heliports: See CYMC 19.58.180,
o
Amusement parks and amusement enterprises: See CYMC 19.58.040,
3. Arenas: See CYMC 19.58.040,
4. Fairgrounds: See CYMC 19.58.040,
5. Museums,
6. Open air theaters, except drive-in theaters: See CYMC 19.58.120(B),
7. Race tracks and rodeos: See CYMC 19.58.040,
8. Recreational centers. commercially operated: Sec CYMC 19.58.040.
9. Stauiums,
10. Shooting clubs: See CYMC 19.58,290,
I]. Ambulanc@ servicc (excluued from all re~'idential zone~' unles, located within a hospital
complex);
K. Golf courscs: See CYMC ] 9.58.090;
L. Passcnger stations for rail or hus travel;
M. Public and quasi-public uses;
N. Radio or tclevision transmitters:
O. Trailers (commercial coachcs): See CYMC ] 9.58.330;
P. Scnior housing developments: See CYMC 19.58.390;
Q. Recreational vchicle storage yards: See CVMC 19.58.400:
R. Oft~site advcrtising signs: See CYMC 19.58.225;
S. Watcr uistribution tacilitics: See CYMC 19.58.420.
T. Certified farmers' markets: See CYMC 19.58.148.
\I. Amhulance Services: See CYMC 19.58.245.
Conditional use permit applications for the uses listed in this section shall he considercd by the
city council subsequent to its receipt ofrecommendations thereon from the planning
commission. Not withstanding the forgoing, the planning commission shalllOOnsider and have
tinal approval authority (unless appealed) tc)r thc following unclassified uscs, e);cept
campgrounds, rccreational vehicle storage yards, churches, amusement arcades and centcrs,
trailers (commercial coaches), water distribution facilities, borrow pits of not more than two
acres, ambulance services and certified farmers' markets.
SECTIUN II. ThaI Seelio/7 1958.148, is haehy added /0 ('hap/a I f) of/he Chula Vista
Municipa/ ( 'ode /0 read asfijl/ows:
19.58.148 Certified Farmers' Markets
"Certified farmers' m~rket" me~ns a ret~il sales operation, generally outdoors, selling
predominantly fresh produce and/or t10wers which is subject to the certification regulations of
the St~tc of C~liforni~ Department of Agriculture, Weights and Measures, and the County of S~n
Diego's Department or Environmental Health.
A certified farmers' m~rket shalf operate under the following rules:
A. Operational requirements.
1, A farmers' market shall opcrate no more th~n once a wcek. with the d~y and hours of
opcration established by the condition~1 use permit.
2, The sales area shall maintain a 25-foot setback Irom the street.
3, The market shalf be located on a paved surface, cxcept for areas used for ~nimal rides.
4, Thc sales area shall be kept in ~ neat and welf-kept manner ~t alf times.
R. Signs. The operator of a farmers' market shalf obtain approval ora planned sign program for
all signs. The development and approval of the planned sign progr~m shall comply with the
provisions of CYMC 19.60.050 and the following:
1. Temporary signs, whether a part of or not part of the planned sign program. identifying
the rarmers' market and hours thereof may only be displayed during the event, and not
more than four (4) hours before and one ( I ) hour after said event.
2, Pcnnants may be useu only f'Jr safety ~nd prec~utionary purposes.
3 Price signs may he used only when of a size ~nd location as to benefit the pedestri~n
shopper and not passing vehicles.
C. Requircd conditions. The conditional use pcrmit sh~1l include rcquirements or standards for
the j(]llowing:
1, Livc animals, live entertainment or rides if any are proposed.
2, On- ~nd ot1~site security ~nd trat1ic controls.
3. Elllergency access provisions.
4 Restrooms.
5 Waste management and recycling.
D. Parking. A certified tarmer's market shall provide customer parking at a ratio of one sp~cc
per 200 square feet of the maximum shopping area proposed. The term ..shopping area"
includes thc area occupieu by produce st~nds. vendor storage, walkways ~nd aisles. lf
adequate p~rking is not available on-site. the operator shall provide ()t1~site parking within
300 feet ofthc market area as measured along pcrmanently available pedestrian routes. S~iu
off-site parking shall be clearly identitied as parking for thc farmers m~rket, including signs
at the market dirccting patrons to the offsite parking location.
E. If a certificd fanners' market is located in a residential zonc, it must be on property used
primarily for public or quasi-public uses
F. Any other conditions of approval set forth in the conditional use pcrmit.
,%'CTlI IN 1/1. That Section 11).58,245, is herehy added to Chapter /1) o/the ('hu/a Vista
MI/nieipa/ ('ode to read asfil//ows:
19.58.245
Ambulance Services
Ambulance services may be located in any zone. Ambulance services can be incorporated into a
hospital complex or other governmental facility. When approving a conditional use permit for
amhulance services in a residential zonc that is not part of a hospital complex and not locatcd in
a li:deral, state or local government facility, the planning commission shall incorporate the
following conditions:
A. The service must bc limited to the staging and dispatching of one ambulance trom a
residential structure or unit.
B. At least three dedicated parking spaccs for an ambulance and two employees arc required.
The parking spaces shall be on-site and meet City standards for size, paving, access and
screening.
C. Except for shi It changes and periodic inspections by managers, no more than three
employees shall be on-site at any given time.
D. Any other requirements the planning commission deems appropriate to minimize impacts on
the residential neighborhood.
Fleet maintenance or the storing of multiple ambulances shal' not be allowed in a residcntial
zone, even if the use is part of a hospital complex or located at a government facility. Vehicles
that arc lm-call shall not be considered "stored."
SECTION lV This Ordinance sha// take effect and he infidlfiJl'ce on the thirtieth dayfi'om and
after ifs adoption.
Submitted by
Approved as to form by
.lames D. Sandoval, AICP
Planning and Building Director
Ann Moore
City Attorney