HomeMy WebLinkAboutOrd 1992-2526 ORDINANCE NO. 2526
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
19.14.030, 19.34.020 AND 19.34.030 OF THE CHULA VISTA
MUNICIPAL CODE RELATED TO THE SALE OF ALCOHOLIC
BEVERAGES ON THE C-N ZONE
WHEREAS, on April 21, 1992, after consideration of a report on alcoholic
sales facilities in C-N Neighborhood Commercial zones (ref. PCM-92-14), the City
Council directed staff to return with an ordinance establishin9 an application
procedure for alcohol sales in the C-N zone; and,
WHEREAS, the amendments provide for a Zonin9 Administrator conditional use
permit with a public hearing for all new alcohol sales facilities in the C-N
cone; and,
WHEREAS, in addition to the normal findings required for a conditional use
permit, and in consultation with the Police Department, the amendments would
require the Zoning Administrator to find that the facility would not result in
an overconcentration of such facilities in the neighborhood; and,
WHEREAS, the amendments provide that the City Council would be informed of
the Zoning Administrator's decision, and the Council or other interested party,
could appeal the permit directly to the City Council for public hearing; and,
WHEREAS, the Environmental Review Coordinator has determined that the
amendments are exempt from environmental review as a minor alteration in land
use, in accordance with Section 15305 Class 5 of CEQA Guidelines, or Class 5F of
the City of Chula Vista Environmental Review Procedures.
THEREFORE, the City Council of the City of Chula Vista does hereby ordain
as follows:
SECTION I. That Section 19.14.030 of the Chula Vista Municipal Code is
hereby amended to read as follows:
Sec. 19.14.030 Zonin9 Administrator-Actions authorized without public
hearing.
The Zonin9 Administrator is authorized to consider and to approve,
disapprove or modify applications on the followin9 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
followin9 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.
Ordinance No. 2526
Page 2
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 Administrator
shall set the matter for public hearing in the manner provided
herein.
5. Churches.
6. Establishments that include the sale of alcoholic beverages
for off-site use or consumption, located in the C-N zone. The
Zoning Administrator shall hold a public hearing in accordance
with Sections 19.14.060-19.14.090 upon giving notice thereof
in accordance with Sections 19.12.070-19.12.080. A
conditional use permit shall not be granted unless the Zoning
Administrator or other issuing authority finds in his or her
sole discretion, and based on substantial evidence in view of
the entire record, that all of the facts required by Section
19.14.080 exist, and that approval of the permit will not
result in an overconcentration of such facilities.
Overconcentration may be found to exist based on (1) the
number and location of existing facilities; (2) compliance
with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration; (3)
the impact of the proposed facility on crime; and (4) the
impact of the proposed facility on traffic volume and traffic
flow. The Police Department or other appropriate City
departments may provide evidence at the hearing. A permit to
operate may be restricted by any reasonable conditions
including but not limited to limitations on hours of
operation.
The City Council shall be informed of the decision on each
such permit by the City Clerk when the decision is filed in
accordance with Section 19.14.090. The decision of the Zoning
Administrator may be appealed.
Such appeal shall be directed to the City Council, rather than
the Planning Commission, and must be filed within ten (10)
days after the decision is filed with the City Clerk, as
provided in Section 19.14.100. If appealed within the time
limit, said appeal shall be considered in a public hearing
conducted by the City Council, in the same manner as other
appeals pursuant to Sections 19.14.120 and 19.14.130, except
that the Council must make the same written findings required
of the Zoning Administrator herein, in order to grant the
Ordinance No. 2526
Page 3
permit.
B. Variances: The Zoning Administrator shall be authorized to grant
variances for limited relief in the case of:
1. Modification of distance or area regulations;
2. Additions to structures which are nonconforming as to side
yard, rear yard, or lot coverage, providing the additions meet
the requirements of the zoning ordinance affecting the
property;
3. Walls or fences to exceed heights permitted by ordinances.
Modifications requested in said applications for relief to be
administered with the requirement for a public hearing shall
be limited to deviations not to exceed twenty percent of the
requirements imposed by ordinances.
C. Site plan and architectural approval. The Zoning Administrator
shall be empowered to grant site plan and architectural approval as
provided herein.
D. Performance standard procedure. The zoning administrator shall be
authorized to issue a zoning permit for uses subject to performance
standards procedures, as provided herein.
E. Home occupations. The Zoning Administrator shall b authorized to
grant permits for home occupations, as defined and regulated in
Section 19.14.490.
F. Fees. A fee, in the amount as presently designated or as may be in
the future amended in the Master Fee Schedule, shall accompany each
application for a variance or conditional use permit or
modifications thereto considered by the zoning administrator without
a public hearing.
In regard to applications on any of the aforementioned subjects, the
Zoning Administrator shall set a reasonable time for the consideration of
the same and give notice thereof to the applicant and to other interested
person as defined in this title. In the event objections or protests are
received, the zoning administrator shall set the matter for public hearing
as provided herein.
SECTION II. That Section 19.34.020 of the Chula Vista Municipal Code is
hereby amended to read as follows:
Sec. 19.34.020 Permitted uses.
The following are the principal permitted uses in C-N district:
A. Grocery, fruit or vegetable store;
Ordinance No. 2526
Page 4
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agencies with incidental pressing;
F. Business or professional office;
G. Restaurant, care or soda fountain, not including entertainment,
dancing or sale of liquor, beer, or other alcoholic beverages for
consumption on the premises or drive-in car service;
H. Commercial parking lots for passenger vehicles, subject to the
requirements of Section 19.62.010 through 19.62.130;
I. Coin-operated laundry, with maximum capacity washing units of twenty
pounds and comparable drying equipment, and clothes cleaning agency;
J. Any other retail business or service establishment supplying
commodities or performing services for residents of the neighborhood
which is determined by the planning commission to be of the same
general character as the above-mentioned retain business or service '
uses, and open during normal business hours of the above uses;
K. Accessory uses and buildings customarily appurtenant to a permitted
use, such as incidental storage facilities and satellite dish
antennas in accordance with the provisions of Section 19.22.030 F1-
9;
L. Agricultural uses as provided in Section 19.16.030.
SECTION III. That Section 19.34.030 of the Chula Vista Municipal Code is
hereby amended to read as follows:
Sec. 19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone, provided a
conditional use permit is issued in accordance with the provisions of
Section 19.14.060:
A. Automobile service stations, in accordance with the provisions of
Section 19.58.280;
B. Sale of beer or other alcoholic beverages for consumption on the
premises only where the sale is incidental with the sale of food;
C. Electrical substations and gas regulator stations, subject to the
provisions of Section 19.58.140;
Ordinance No. 2526
Page 5
D. Unclassified uses, see Chapter 19.54;
E. Roof-mounted satellite dishes subject to the standards set forth in
Section 19.30.040;
F. Recycling collection centers, subject to the provisions of Section
19.58.340;
G. Automated, drive-through car washes in accordance with the
provisions of Section 19.58.060;
H. Establishments contained in the list of permitted uses above, but
which include the sale of alcoholic beverages for off-site use or
consumption, in accordance with the procedures in Section 19.14.030;
I. Liquor store (package, off sale only), in accordance with the
procedures in Section 19.14.030.
SECTION IV. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by Approved as to form by
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Director of P]ann~ng
Ordinance No. 2526
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 1st day of September, 1992, by the following vote:
AYES: Councilmembers: Hotton, Malcolm, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2526 had its first reading on
August 25, 1992, and its second reading and adoption at a regular meeting of said
City Council held on the 1st day of September, 1992.
Executed this 1st day of September, 1992.
BeverlyTA. Authelet, City Clerk