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HomeMy WebLinkAboutPlanning Comm Reports/1983/09/14 AGENDA City Planning Commission Chula Vista, California Wednesday, September 14, 1983 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER ORAL COMMUNICATIONS 1. PUBLIC HEARING: (Continued) PCA-82-2, Consideration of various amendments to the Municipal Code relating to amusement facilities and games 2. PUBLIC HEARING: Conditional use permit PCC-83-24, Request to construct a 13-unit senior housing project located at 411-415 Park Way - Richard Zogob 3. Consideration of an amendment to the Land Use Chart to permit party supplies in the C-O zone - PCM-84-2 DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Regular Business Meeting of September 28, 1983 at 7:00 p.m. in the Council Chambers To: City Planning Commission From: Bud Gray, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of September 14, 1983 1, PUBLIC HEARING (Continued): PCA 82-2 - Consideration of various amendments to the Municipal ~ode relating to amusement facilities and games A. BACKGROUND 1. This item was continued from the July 27, 1983, Planning Commission so that a workshop could be conducted to discuss changes made by the Planning Commission regarding the proposed zoning text amendment. The workshop was held by the Commission on August 17, 1983. 2. An Initial Study, IS-83-23, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator, who on May 26, 1983, concluded that there would be no significant environmental effects and recommended adoption of the Negative Declaration. B. RECOI~EiENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-23. 2. Adopt a motion recommending that the City Council enact an ordinance amending the Municipal Code relating to amusement facilities and games as shown on attached Exhibits "A" and "B" (PCA-82-2). C. DISCUSSION 1. At the workshop meeting of August 17, 1983, the Planning Commission considered a number of changes to the proposed zoning text amendment primarily dealing with accessory amusement uses. The changes proposed for consideration regarding accessory amusement games (fewer than 4) are listed below: a. No game play by minors during normal school hours; b. Adult (persons 18 years of age or older) supervision at all times; c. Prohibition of game play by minors in liquor stores: d. All amusement games shall be located indoors (except mechanical rides); and e. Existing establishments (not accessory uses) may be handled by the Zoning Administrator rather than the Planning Commission. 2. The Planning Department still believes that accesso~ amusement uses may not need additional controls. The proposed changes may also pose an enforcement problem for the Zoning Enforcement Officer and the Business License Office. Generally speaking, new regulations place an additional workload on existing enforcement personnel. If the regulation is not properly enforced, the objective of the new regulation is not attainable. WPC 0480P EXHIBIT "A" Chapter 19.04 DEFINITIONS Add new section 19.04.013 to read as follows: Section 19.04.013 Amusement facilities "Amusement facility" means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin or token operated machines or devices (e.g. video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying laminating and photo machines. A. "Amusement arcade or center" means a facility wherein are found games, coin or token operated machines or devices (e.g. video and pinball machines) of skill, chance or entertainment offered to the public. B. "Amusement park" means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. C. "Amusement games or machines as accessory uses" means not more than three coin or token operated machines, rides or devices (e.g. video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment and provided they do not constitute more than five percent (5%) of the floor area of the establishment. WPC 0328P EXHIBIT "B" Chapter 19.58 USES Delete Section 19.58.040 "Amusement center, bowling alley, dance, etc." and replace with the following: Section 19.58.040 Amusement and entertainment facilities Amusement and entertainment facilities such as bowling alleys, dance halls, amusement parks and other similar recreational facilities shall be subject to the following development standards: 1. All structures shall maintain a minimum setback of twenty feet (20') from any residential zone; 2. Ingress and egress from the site shall be designed so as to minimuze traffic congestion and hazards; 3. Adequate controls or measures shall be taken to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties; or uses; 4. Amusement arcades or centers shall also be subject to the following: a. Game play (except mechanical rides) by minors is prohibited during normal school hours; b. There shall be adult supervision (persons 18 years of age or older) at all times; c. A bicycle rack for at least ten bicycles shall be provided at or near the main entrance into the establishment; d. No alcoholic beverages shall be sold or consumed on the premises, except in those instances where a restaurant in conjunction with said use has been approved through the conditional use permit process; e. At least one public restroom shall be provided on the premises. The Planning Commission has the right to impose additional standards or waive any of the above standards on the finding that said standard/s are or are not necessary to protect the public health, safety and general welfare. All existing establishments with four or more amusement games which are operating without a conditional use permit must apply for such within 120 days from the adoption of this provision. The application will be processed by the Zoning Administrator. 5. Amusement games as accessory uses (fewer than 4 game machines) shall be subject to the following: a. Except for mechanical rides, all amusement games shall be located within the establishment; b. Adult supervision (persons 18 years of age or older) shall be provided at all times; c. Game play (excepting mechanical rides) by minors is prohibited during normal school hours; d. Game play by minors is prohibited in liquor stores; and e. A zoning permit shall be obtained from the Planning Department and a business license issued by the Finance Department prior to the installation of any amusement game. The Zoning Administrator may modify or waive any of the above regulations upon a determination that the provision is being satisfied by another acceptable means, Any violation of the above regulations which has been substantiated shall be sufficient grounds for the Zoning Administrator to revoke the zoning permit and removal of the games from the premises. WPC 0328P negative cleclaration PROJECT NAME: Zoning Text Amendment Relating to Amusement Facilities and Games PROJECT LOCATION: City of Chula Vista PROJECT APPLICANT: City of Chula Vista Planning Department CASE NO: IS-83-23 DATE: June 2, 1983 A. Project Setting: This project is not site specific. B. Project Description: Amend the Chula Vista Municipal Code (Section 19.04.013 and 19.b8.040) to read as follows: Chapter 19.04 DEFINITIONS Add new section 19.04.013 to read as follows: Section 19.04.013 Amusement facilities "Amusement facility" means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin or token operated machines or devices (e.g. video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. A. "Amusement arcade or cen~er" means a facility wherein are found games, coin or token operated machines or devices (e.g. video and pinball machines) of skill, chance or entertainment offered to the public. B. "Amusement park" means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. C. "Amusement games or machines as accessory uses" means not more than three coin or token operated machines, rides or devices (e.g. video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment and provided they do not constitute more than five percent (5%) of the floor area of the establishment. city of chula vista planning department environmental review section Chapter 19.58 USES Delete Section 19.58.040 "Amusement center, bowling alley, dance hall, etc." and replace with the following: Section 19.58.040 Amusement and entertainment facilities Amusement and entertainment facilities such as bowling alleys, dance halls, amusement parks and other similar recreational facilities shall be subject to the following development standards: 1. All structures shall maintain a minimum setback of twenty feet (20') from any residential zone; 2. Ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards; 3. AdeQuate controls or measures shall be taken to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties; or uses; 4. Amusement arcades or centers shall also be subject to the following: a. Any establishment within lO00 feet of a school (public or private) shall prohibit game play by minors during normal school hours; b. There shall be adult supervision at all times; c. A bicycle rack for at least ten bicycles shall be provided at or near the main entrance into the establishment~ d. No alcoholic beverages shall be sold or consumed on the premises, except in those instances where a restaurant in conjunction with said use has been approved through the conditional use permit process; e. At least one public restroom shall be provided on the premises. The Planning Commission has the right to impose additional standards or waive any of the above standards on the finding that said standard/s are or are not necessary to protect the health safety and general welfare of the surrounding properties and/or uses. C. Compatibility with Zoning and Plans: The proposed project is compatible with the zoning ordinance and is consistent with the goals and objectives of the General Plan. D. Findings of Insignificant Impact: 1. The project involves a zoning text amendment and is not site specific, therefore, no natural or man-made resources will be affected. Each proposed project considered under these provisions will be subject to additional environmental review. 2. The proposed amendment is not at variance with the goals and objectives of the General Plan and short term goals will not be achieved to the disadvantage of long term environmental goals. 3. There are no impacts anticipated to occur which could interact to create a substantial cumulative impact on the environment. 4. The zoning text amendment will not adversely affect ambient noise levels nor will it affect air quality. No hazards to human beings will result. E. Consultation: 1. City of Chula Vista Steve Griffin, Associate Planner Duane Bazzel, Assistant Planner 2. Documents Chula Vista Zoning Ordinance The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. city of chula vista planning department environmental review section EN 6 (Rev. 12/82) City Planning Commission Agenda Items for Meeting of June 22, 1983 4. PUBLIC HEARING: PCA 82-2 - Consideration of various amendments to the Municipal Code relatin~ to amusement facilities and 9ames A. BACKGROUND 1. The Code presently lists amusement parks and centers as unclassified uses requiring a conditional use permit. There is no definition or provision for amusement games (e.g. video, pinball, etc.) as accessory uses. Therefore, the City could require a C.U.P. to be filed for the installation of even one game machine. However, the City has been allowing up to three games to be considered accessory to the primary use of the property. 2. The purpose of the proposed amendments is to establish a clear definition of amusement games as accessory uses and to establish standards for amusement centers. 3. An Initial Study, IS-83-23, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator, who on May 26, 1983, concluded that there would be no significant environmental effects and recommended adoption of the Negative Declaration. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-23. 2. Adopt a motion recommending that the City Council enact an ordinance amending the Municipal Code relating to amusement facilities and games as shown on attached Exhibits "A" and "B" (PCA-82-2). C. DISCUSSION 1. Amusement facilities There are a variety of amusement facilities ranging from a large amusement park such as Disneyland to a small arcade or center. Some facilities such as bowling alleys, pool rooms and billiard parlors are so distinctive and unique they have been specifically addressed in the Code. The most recent amusement facility to emerge is the video game center. Because of their unique characteristics, it is felt that standards should be developed governing their operation to ensure their compatibility with other land uses and to minimize potential adverse impacts. City Planning Commission Agenda Items for Meeting of June 22, 1983 2. Need to define Since the Code does not define the various amusement facilities, it becomes necessary to do so in order to specifically establish standards relating to video game centers and similar uses. The same rationale holds true with respect to defining what constitutes an accessory amusement use. 3. Proposed amendments The proposed amendments can be summarized as follows: a. Definitions - Defines amusement facilities, amusement parks, amusement centers and accessory uses. A limitation of three machines is proposed for accessory uses as well as the amount of floor space which may be devoted to the machines. b. Uses - Establishes standards for amusement centers relating to setbacks, adult supervision, bicycle racks, hours for school children during normal school hours, as well as locational criteria. The standards proposed are essentially in keeping with those established for recently approved game centers. 4. Compliance with the proposed regulations Because there is no clear definition for accessory amusement uses, there are a number of establishments which have more than three machines. Each machine must be licensed on a quarterly basis. Even so, there are some establishments which have unlicensed games which becomes an enforcement issue. If the proposed amendments are enacted, it should be possible to achieve compliance relatively quickly at least for those establishments which have licensed machines. Identifying and licensing illegal machines will require more enforcement and awareness of the new regulations by the business community. This awareness can be accomplished by sending a letter to each business at the time their business license is up for renewal. D. CONCLUSION With proper standards and regulations, amusement centers can be good neighbors in certain com~nercial and industrial zones. Defining what constitutes an accessory use will eliminate the present uncertainty and confusion regarding the number of games allowed as accessory uses. WPC 0330P EXHIBIT "A" Chapter 19.04 DEFINITIONS Add new section 19.04.013 to read as follows: Section 19.04.013 Amusement facilities "Amusement facility" means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin or token operated machines or devices (e.g. video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying laminating and photo machines. A. "Amusement arcade or center" means a facility wherein are found games, coin or token operated machines or devices (e.g. video and pinball machines) of skill, chance or entertainment offered to the public. B. "Amusement park" means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. C. "Amusement games or machines as accessory uses" means not more than three coin or token operated machines, rides or devices (e.g. video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment and provided they do not constitute more than five percent (5%) of the floor area of the establishment. EXHIBIT "B" Chapter 19.58 USES Delete Section 19.58.040 "Amusement center, bowling alley, dance, etc." and rep)ace with the following: Section 19.58.040 Amusement and entertainment facilities Amusement and entertainment facilities such as bowling alleys, dance halls, amusement parks and other similar recreational facilities shall be subject to the following development standards: 1. All structures shall maintain a minimum setback of twenty feet (20') from any residential zone; 2. Ingress and egress from the site shall be designed so as to minimuze traffic congestion and hazards; 3. Adequate controls or measures shall be taken to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties; or uses; 4. Amusement arcades or centers shall also he subject to the following: a. Any establishment within 1000 feet of a school (public or private) shall prohibit game play hy minors during normal school hours; b. There shall be adult supervision at all times; c. A bicycle rack for at least ten bicycles shall be provided at or near the main entrance into the establishment; d. No alcoholic beverages shall be sold or consumed on the premises, except in those instances where a restaurant in conjunction with said use has been approved through the conditional use permit process; e. At least one public restroom shall be provided on the premises. The Planning Commission has the right to impose additional standards or waive any of the above standards on the finding that said standard/s are or are not necessary to protect the health safety and general welfare of the surrounding properties and/or uses. WPC 0328P Planning Commission - ll - June 22, 1983 4. PUBLIC HEARING PCA-82-2 - CONSIDERATION OF VARIOUS AMENDMENTS TO THE MUNICIPAL CODE RELATING TO AMUSEMENT FACILITIES AND GAMES Principal Planner Lee stated the purpose of the proposed amendments is to estabish a clear definition of amusement games as accessory uses and to establish standards for amusement centers. The Planning Department recommends that three machines be considered as the maximum for accessory use and has outlined standards that are essentially in keeping with those established for recently approved game centers. At the present time, there are a number of establishments which have more than three machines. Mr. Lee suggested that the Planning Commission might wish to establish some time period for the compliance of those establishments having more than the allowable number of machines to either remove the excess machines or request a conditional use permit. The Chamber of Commerce has submitted a letter indicating the standards covered in Section 4a through 4e of Exhibit "B" should apply to the accessory defined machines as well as the large enterprises. The Planning Department would not be in favor or such an amendment because various users might have up to three machines as an accessory use and they would not comply with the criteria and the establishment would have to request a waiver before the Planning Commission. The Planning Department is asking that the Commission adopt the Negative Declaration and recommend City Council to enact the ordinance as submitted on Exhibit "A" and "B". In response to a question from Commissioner Cannon, Principal Planner Lee answered that there are at least six facilities that have more than four licensed machines (based on Finance Department's records) other than locations that are bona fide amusement facilities such as Fun-4-All. This being the time and the place as advertised, the public hearing was opened. Clint D. Sadler, 47 Palomar Drive, Chula Vista, one of the owers of Fun-4-All Amusement Center, located at "L" and 1-805, stated that he operated under a conditional use permit and also as an accessory use. Because he serves pre-packaged food which is heated in the microwave, he must observe all of the health rules and provisions demanded of a large restaurant. He stated that those establishments wishing to have machines on the premises should be required to apply for a conditional use permit and meet the same requirements as the amusement centers. Three machines in an establishment multiplied by lO0 establishments equals 300 competing machines. He asked that all be bound by the same rules and regulations. Richard Dent, 1025 Rippey, E1 Cajon, representing Sears, stated that all of Sears' machines are licensed, but they were not operating under a conditional use permit. However, they maintain security guards and provide supervision. Commissioner Green stated he felt that accessory users should be controlled by regulations. He approved Exhibit "B" with the following modifications: 4c should indicate a rack for three bicycles instead of ten, and 4d should include the statement "excluding convenience stores." MSUC (O'Neill/Shipe) that based on the lateness of the hour, the public hearing be continued to the next Planning Commission meeting. To: City Planning Commission From: Bud Gray, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of July 27, 1983 1. PUBLIC HEARING (Continued): PCA 82-2 - Consideration of various amendments to the Municipal Code relating to amusement facilities and 9ames A. BACKGROUND On June 22, 1983, the Planning Commission opened the public hearing on this matter. After receiving public testimony and discussing the proposed amendments, the matter was continued by the Planning Commission. The public hearing was not closed, therefore additional testimony may be received. A copy of the June 22, 1983, staff report is attached hereto. B. RECOI~4ENDATION 1. Find that the project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-23. 2. Adopt a motion recommending that the City Council enact an ordinance amending the Municipal Code relating to amusement facilities and games as shown on attached Exhibits "A" and "B" (PCA-82-2). The ordinance shall be effective (90) days after the second reading. C. DISCUSSION Comments made at the Planning Commission meeting regarding the proposed amendments included the following: 1. Accessory uses (3 or less games) should also be required to: a. Prohibit game play by minors during normal school whenever they are located within 1000 feet of a school (proposed condition 19.58.040 4a); b. Provide adult supervision at all times (proposed condition 19.58.040 4b); c. Provide a bike rack for at least 3 bicycles {proposed condition 19.58.040 4c modified); and d. Prohibit the sale and consumption of alcoholic beverages on the premises (proposed condition 1g.58.040 4d) excepting, therefrom, markets. 2. A policy establishing a time period for businesses having more than 3 games to apply for a conditional use permit or in which to comply with the new regulations. City Planning Commission Agenda Items for Meeting of July 27, 1983 The suggestions offered at the Commission meeting were made with the intent of requiring businesses having amusement games as accessory uses to also be subject to some of the same regulations governing amusement game centers. The idea being that even a limited number of amusement games may create problems and therefore need to be regulated. There have been isolated instances where the accessory uses have created problems. However, for the most part the larger amusement centers have shown the need to have conditions of approval or standards attached to their operation. The suggestion which appears to have the most merit is the prohibition of game play by minors when located within 1,O00 feet of a school. The intent of the regulation is to establish a certain distance from the schools which would discourage unauthorized absences and school children leaving the school grounds during lunch and recess. The further a use is located from the school the less likely that school children will leave the school grounds to patronize the machines. It is staff's opinion that the regulation of accessory amusement game uses (3 or less) would constitute a very difficult enforcement situation for the City's Zoning Enforcement Officer. For example, requiring adult supervision would pose a problem wherein amusement games include mechanical rides and other coin operated machines. The rides are often placed in one area where no supervision is provided. Amusement machines are placed in laundromats which do not have any supervision on the premises. In summary, staff does not recommend the inclusion of additional regulations for accessory uses involving amusement games (3 or less}. The staff is in favor of establishing a time period for businesses to apply for a conditional use permit or to comply with the new regulations. It is suggested that businesses be given go days in which to either apply for a use permit or comply with the regulations. WPC 0392P Plannin~ Commission - 2 - July 27, 1983 1. PUBLIC HEARING: PCA-82-2 - CONSIDERATION OF VARIOUS AMENDMENTS TO THE MU'NICIPAL CODE. RELATING..TO AMUSEMENT FACILITIES AND GAMES This item was continued by the Planning Commission frbm its meeting on June 22, 1983. As the public hearing was not closed, additional testimony may be received. Principal Planner Lee reviewed the suggestions made during the previous meeting and included in the revised staff report. He emphasized that the enforcement of regulations for businesses having fewer than four machines would be difficult. A 90-day period in which businesses might apply for a conditional use permit or comply wita the new regulations was also proposed. Richard Dentt, 1025 Rippey, E1 Cajon, 92020, speaking for Sears, expressed concern over the need for an "additional" conditional use permit for their arcade when all proposed regulations are already being met and the business has been in operation for some time. Mr. Lee answered that this would not be an additional CUP. At the time of the installation of the machines, the criteria used to determine whether the operation, was accessory to the main store was based on the square footage of the entire Sears' building to the area of the game arcade. Therefore, Sears does not have a conditional use permit for the arcade. Clint Sadler, 47 Palomar Drive, Chula Vista, CA g2010, representing Fun-4-All Game Arcade located at "L" and I-5, commented that what is being proposed is the deregulation of businesses having fewer than four games. He cited incidents (in other cities) and showed an advertisement for a special box that enables the location of games outside stores and gas stations. He suggested that minors not be allowed to play during normal school hours and the lO00-foot school proximity stipulation be disregarded because of the ease of transportation. Mr. Lee noted that the ordinance does not represent any deregulation since three or fewer machines are presently allowed for any business as an accessory use. (City Attorney Harron arrived at 7:20 p.m.) Commissioner Green cited an article in the California Lawyer re game ordinances in Glendale, San Francisco, Sacramento County, Ojai, and Los Angeles. Generally, these areas regulate all games and require CUPs for businesses operating over a certain number of machines. Mr. Green maintained that the same rules should apply to all facilities not just the large establishments; no minors should be allowed to play during school hours; adult supervision and bike racks should be required, including for 7-11 stores; and no minors should be allowed to play in liquor stores or other facilities dispensing liquor. No one else wishing to speak, the public hearing was closed. Discussion among the Commissioners included that the ordinance presently proposed be strengthened to regulate operations with fewer than four machines; establishments maintaining only one machine will have to choose between retention or compliance with the regulations; regulations to be applicable to all establishments having game machines; a conditional use permit be required for more than three machines; elimination of the restroom provision (hardship) for businesses with fewer than four machines; and the difficulty of enforcing the lO00-foot school proximity stipulation. MS (Cannon/Shipe) to refer the item to staff for further input re businesses h~vina fPw~r than four m~chin~. Planning Commission - 3 - July 27, 1983 Further discussion ensued about the guidelines to be giveh to staff - games to be located indoors only, minors not allowed to play during school hours, nor permitted to operate machines in liquor stores. Director of Planning Gray suggested that this be discussed at the Workshop meeting on August 17. Chairman Pro Tem O'Neill proposed that as part of the motion, the public hearing be reopened. MOTION AMENDED: Commissioner Cannon amended the motion to continue the public hearing for further input of the public and to continue the item to the first meeting in September. Commissioner Shipe agreed to the amendment. Chairman Pro Tem O'Neill declared the public hearing reopened and continued until the first meeting in September. Commissioner Pressutti asked that staff examine the possibility of including some grandfathering provisions of existing facilities and consideration of modified fees in recognition of years of operation without problems. The motion to refer the item to staff for further input re businesses having fewer than four machines, and to continue the public hearing for further input of the public at the first meeting of September (9/14/83) passed unanimously. City Planning Commission Study Session Agenda Items for Meeting of August 17, 1983 3. Discussion of standards applicable to amusement facilities and accessory amusement games A. BACKGROUND On July 27, 1983, the Planning Commission considered various amendments to the Municipal Code relating to amusement games and facilities. After taking public testimony and discussion of the amendments, the matter was continued to the Commission workshop meeting of August 17, 1983, in order that changes suggested by the Commission could be placed in draft form for discussion. The suggested changes made by the Commission were primarily directed at the proposed accessory amusement uses (3 or fewer amusement games) with the intent of regulating accessory uses in a manner similar to that proposed for amusement facilities (arcades, etc.). Issues discussed by the Commission involved the following: 1. No game play by minors during normal school hours; 2. Requirement for adult supervision at all times; 3. Requirement for bike racks; 4. Prohibition of game play by minors in liquor stores and other establishments which dispense liquor; and 5. A requirement that all amusement games be located indoors. The Commission did indicate: 1. That accessory uses need not provide a public restroom because it would place an undue hardship on the owner. 2. That accessory amusement uses may be located within 1000 feet of a school. 3. They wished to consider a provision to modify the fee for a conditional use permit for existing facilities presently operating without benefit of a permit. B. PROPOSED REVISIONS As per Commission request, the following revision to Exhibit "B" (proposed amendment) has been prepared for Commission consideration. Add a new paragraph 5 to Section 19.58.040 to read as follows: "5. Amusement games as accessory uses shall be subject to the following: a. Except for mechanical rides, all amusement games shall be located within the establishment; City Planning Commissioo Study Session Agenda Items for Meeting of August 17, 1983 b. Adult supervision shall be provided at all times; c. Game play (excepting mechanical rides) by minors is prohibited during normal school hours; d. A bike rack for at least three bicycles shall be provided at or near the entrance of the establishment; e. Game play by minors is prohibited in liquor stores and other estabilshments which dispense alcoholic beverages; and f. A zoning permit shall be obtained from the Planning Department and a business license issued by the Finance Department prior to the installation of any amusement game. The Zoning Administrator may modify or waive any of the above regulations upon a determination that the provision is being satisfied by another acceptable means. Any violation of the above regulations which has been substantiated shall be sufficient grounds for the Zoning Administrator to revoke the zoning permit and removal of the games from the premises. C. DISCUSSION The Planning Department is still of the opinion that accessory amusement uses need not be regulated in the same manner as amusement arcades and the additional controls represent a potential enforcement problem for the staff. In support of this position, the staff offers the following comments on the provisions proposed for accessory use: 1. No game play by minors during normal school hours. Comment: It is quite conceivable that a minor may no longer be a student. Year round schools have children on vacation when other schools are in session. 2. Require adult supervision at all times. Comment: Some establishments have no employees on the premises (e.g., laundromats) or employees who would function as adult supervision, thus games would be prohibited in such establishments. 3. Require bike racks. Comment: A bar would be required to provide a bike rack even though minors would not be allowed on the premises. 4. Prohibit game play by minors in liquor stores and other estab)ishments which dispense liquor. City Planning Commission Study Session Agenda Items for Meeting of August 17, 1983 Comment: There are a number of food stores and "family" type restaurants which have machines and yet sell alcoholic beverages (e.g., 7-11, Chuck E. Cheese, Square Pan Pizza). Play by minors would be prohibited unless a CUP were granted with a waiver of the conditions. 5. All games to be located indoors. Comments: Many mechanical rides are located outdoors. However rides can easily be excluded. 6. The staff has no objection to modifying the fee for existing establishments which have more than three machines. This can be can be accomplished by allowing the Zoning Administrator to process a conditional use permit (without public hearing) which would save time and money (Planning Commission hearing $750.00 deposit versus $175.00 for Zoning Administrator action) and less time (2 to 3 weeks Zoning Administrator versus 3 to 5 weeks - Planning Commission). WPC 0449P City Planning Commission Agenda Items for Meeting of September 14, 1983 Page 2 2. PUBLIC HEARING: Conditional Use Permit PCC-83-24; request to construct a l~-unit senior citizen housing project at 411-4~b Park Way - Richard Zo~ob A. BACKGROUND 1. The applicant is requesting permission to construct a 13-unit senior citizen housing project on approximately 0.23 acres of property located at 411-415 Park Way in the R-3 zone. 2. An Initial Study, IS-83-29, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on June 13, 1983. The Environmental Review Coordinator concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. B. RECOMMENDATION 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-83-29. 2. Based on findings contained in Section "E" of this report, adopt a motion recommending that the City Council approve the request, PCC-83-24, to construct a senior citizen housing project at 411-415 Park Way subject to the following conditions: a. If security fencing and gates are used, a "Knox" box with keys to open the gates shall be installed and keys provided to the Fire Department. b. A 3 1/2 foot high screening wall in front of the parking shall be provided unless the front setback is mounded. c. A grading plan shall be submitted concurrent wi th an application for a building permit. d. The lots shall be consolidated by either a parcel map or an adjustment plat. C. DISCUSSION 1. Adjacent zoning and land use. North R-3 Single family dwelling and vacant South R-3 Single and multiple family dwellings East R-3 Single family dwellings West R-3 Single family dwellings City Planning Commission Agenda Items for Meeting of September 14, 1983 Page 3 2. Existing site characteristics. The project site consists of two 40' x 130' parcels with a combined lot area of 10,400 sq. ft. located on the north side of Park Way and 130 feet west of Fourth Avenue. Each parcel is developed wi~h a small older single family home. Topographically, the rear of the lots is approximately 10 feet lower in elevation than the front with most of the slope occurring on the rear half of the lots. Park Way is an improved street with a 60-foot right of way, a 40-foot traveled way and 5-foot-wide monolithic sidewalks on each side of the street. The property lines are located 5 feet in back of the sidewalks. 3. Proposed use. The applicant is proposing to develop a two-story, 13-unit (12 one-bedroom and one studio unit) senior citizen housing project on the subject property. Each one bedroom unit will have a floor area of 508 sq. ft. and a 6' x 10' {60 sq. ft.) patio or balcony. The studio unit will have a floor area of 430 square feet and a 6' x 10' (60 sq. ft.) balcony. Other features include a laundry room, a recreation room (first floor) and a common open space area in the center of the project. There will be seven parking spaces provided on-site at a ratio of 0.54 space per unit. The parking, located in front of the buildings, will be located lO feet from the front property line and will receive access from a single two-way deiveway. Security fencing and gates (wrought iron) are proposed between the buildings and wood fencing is proposed along the other property lines. 4. Code exceptions. The applicant is requesting the following exceptions to the code requirements: Regulation Code Proposed Deviation Front setback 20'* 10' 10' less Rear setback 15' 3' 12' less Parking 1.5/unit 0.5/unit 1.O/unit less Units 7 (29 du's/Ac.) 13 {54 du's/Ac.) 6 more *Established by the Building Line Map - Zoning Ordinance requires 15 feet. 5. Senior housing development policy. The City has adopted a Senior Housing Development Policy (see attached) which establishes guidelines regarding age, income, rental rates, and continued affordability. City Planning Commission Agenda Items for Meeting of September 14, 1983 Page 4 D. ANALYSIS 1. The staff met with the applicant with the objective of maximizing the number of units on the site to achieve low rents without a loss of livability for the tenants and without adversely impacting the adjoining properties. It is staff's opinion that the proposed project has accomplished these objectives. 2. The 13-units represent an increase of 6 units (almost twice the density) yet each unit meets the minimum unit size and has a minimum 60 sq. ft. (6' x 10') of private open space in the form of a patio or balcony. In addition there is a common open space area in the center of the project as well as a recreation room and a laundry room. The seven parking spaces, a ratio of 0.54 spaces per unit, is a higher ratio than the two other approved senior housing projects. Therefore, the parking should not pose a problem to the adjacent properties or burden the street. 3. The most significant issue which could affect the adjoining properties is the reduction in the front and rear yard setbacks. In the case of the front setback, the parking will still be located 15 feet from the inside edge of the sidewalk as required by Code. However, in this instance the front setback is governed by the Building Line Map which takes precedence over the Code requirement. The dwelling immediately to the east is located 15 feet behind the front property line. The front setback as proposed is in keeping with other developments in the R-3 zone. 4. The adjoining property to the rear is a large lot fronting on Fourth Avenue and is developed with a single-family dwelling. The lot is also zoned R-3 and can be developed with apartments or condominiums. However, because of the topography (lower in elevation) and drainage it is anticipated that any future development plans would not result in any structures being constructed near the subject property. Therefore, the reduction in the rear yard to 3 feet should not affect the development of the adjoining property. 5. Although the project site is not particulary close to convenient shopping (grocery), it is close to public transportation (Fourth Ave.) and public parks as well as medical facilties. It is also relatively close to commercial areas such as Third Avenue and the Broadway shopping area. Therefore, from a locational standpoint, the site is ideal for low and moderate income senior citizens housing and the Planning Department recommends that the request for a senior citizen housing project at the particular location be approved. E. FINDINGS 1. That the proposed use at the location 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 will provide additional housing opportunities for low and moderate income senior citizens in an area within close proximity to public transportation, medical facilities, parks and commercial shopping areas. City Planning Commission Agenda Items for Meeting of September 14, 1983 Page 5 2. That such use will not 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. The project provides a greater ratio of parking for the tenants than the other previously approved project, therefore, the adjoining properties should not be affected. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The applicant is required to seek approval from the Design Review Committee and a building permit is required .which will ensure that the project meets the regulations of the Un~fonn Building Code and Fire Code. 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 proposed use is in keeping with the omnibus amendment to the General Plan regarding senior citizen housing projects. WPC 0412P/OO15Z VT ~mmmm~ SENIOR HOUSING DEVELOPMENTS POLICY Adopted by City Council Resolution No. 10763 on February 2, 1982 OBJECTIVE To provide rental tenancy standards which will assure that housing units developed under a conditional use permit as part of a Senior Housing Development are established and maintained for the exclusive use of low or moderate income senior residents. STANDARDS 1. Renter Age. To rent a Senior Housing Development unit, the renter/ occupant must be 60 years of age or older. * 2. Renter household income. Tenant income shall be equal to or less than 80% of the current HUD-published SMA {area) median income. Calculated income will include reasonable yield from liquid assets, The median income will be updated annually. 3. Renter income certification. Income eligibility shall be determined for all renters by the County Housing Authority or a similar agency. The unit owner will request referrals from the County Housing Authority's Section 8 Existing waiting list. If that list is insufficient, the owner will pay income determination fees for applicants not on the Housing Authortty's waiting list. ** 4. Unit rental rate. The rental price shall not exceed the current published Section ~ Existing program fair market rents for unit size, less HUD- published utility allowances for specific utility configurations. Rental rates may be increased with annually published increases in Section 8 Existing fair market rents. 5. Continuation of affordability. A deed restriction shall bind the owner and any successors to maintaining maximum rents at or below the published Section 8 fair market rents for a period of 25 years. Additionally, conversion of the project to condominiums would be prohibited during that period. * Current 80% of median: 1 person 2 persons 3 persons $14,800 $16,900 $19,000 ** FMR's, less average utility allowance, to yield allowable contract rent: 0 bdrm: $318.00 1 bdrm: $378.00 P/M 2 bdrm: $433.00 P/M I I CENT E. I I I I I _L _J Offices MF SE sF ~ AR£A SF SF I SF I Municipal r- T SF ' SF G~mnasium ~ I ~-- ~ i S'F SF SF I ~ I I SF I- MF ~ , , MF I TF ..~ iMF, MC ~ ~ SF ' G ~ Street' CHULA VISTA VANCE ST. JUNIOR HIGH I PCC-85-4 Proposed 15 Sen/or C/t/zen Apt$ El~ ~ ~II5 Par~way .~ negative declaration PROJECT NAME: Parkway Manor PROJECT LOCATION: 411 and 415 Park Way PROJECT APPLICANT: Richard Zogob, 315 Fourth Avenue, Chula Vista CASE NO: IS-83-29 DATE: June 13, 1983 A. Project Setting The project involves 10,400 sq. ft. of property which presently contains two single-family dwellings located at 411 and 415 Park Way. Adjacent land uses consist of single-family dwellings located to the east and west, single-family and multiple-family located across Park Way to the south, and a natural drainage channel (unlined) to the north. The project site is void of any significant wildlife and there are no significant natural or manmade resources present. Silt and uncompacted topsoils have been identified on the project site and no geologic hazards are known to exist in the project vicinity. B. Project Description The applicant proposes to remove or raze two existing single-family dwellings and construct a 16-unit, senior citizen residential development. A total of seven on-site parking spaces are proposed. C. Compatibility with Zoning and P!ans The proposed project is zoned R-3 (Multiple Family) and would permit a maximum of six conventional units. The project will result in a total of 16 senior citizen apartments which will require the approval of a conditional use permit by the Planning Commission and City Council. The project, as proposed, is compatible with the General Plan. D. Identification of Environmental Effects 1. Soils The applicant has submitted a soils report (C. H. Wood and Associates, April 1983) which identifies the presence of loose silty sand underlain with dense, sandy clay. Recommendations have been included in the soils report which, when implemented into the project, will reduce these adverse soil conditions to a level of insignificance. city of chula vista planning department environmental review section °2° 2. Parks The proposed project is within 1/4 mile of the 7.1~acre Memorial Park and senior citizen facilities which could adequately serve residents of this project. No mitigation will be required. E. Findings of Insignificant Impact 1. The site is void of any natural or manmade resources, and there are no geologic hazards present on the site. Adverse soil conditions have been identified on site, however, proposed recommendations contained in a soils investigation prepared by C. H. Wood and Associates, April 1983, will reduce environmental impacts to a level of insignificance. 2. The proposed senior citizen residential development is consistent with the General Plan and associated elements and is not anticipated to achieve short~term to the disadvantage of long~term environmental goals. 3. No impacts are anticipated to occur which could interact to create a substantial cumulative effect on the environment. 4. The project will not cause the emission of any harmful substance or noise which could prove hazardous to the health and welfare of human beings. F. Consultation 1. City of Chula Vista Steve Griffin, Associate Planner Roger Daoust, Senior Engineer Tom Dyke, Building Department Ted Monsell, Fire Marshal Duane Bazzel, Assistant Planner Robin Franklin, Applicant's Designer 2. Documents ISo81-50, Guillemette Condominiums The Initial Study application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRONME~TAL REvIEw COORDINATOR WPC 0374P city of chula vista planning department e~tvironmental review section EN 6 (Rev. 12/82) City Planning Commission Agenda Items for Meeting of September 14, 1983 Page 6 3. Consideration of an Amen~ent to the Land Use Chart to Permit Party Supplies in the C-O Zone - PCM-84-2 A. BACKGROUND The applicant is requesting that the Planning Commission amend the Land Use Chart of the City of Chula Vista to permit party supplies (rental) in the C-O zone. B. RECOMMENDATION Adopt a resolution amending the Land Use Chart to permit party supply rental establishments in the C-O zone subject to the approval of a conditional use permit by the Zoning Administrator. C. DISCUSSION 1. Section 19.30.020E of the Municipal Code provides for the Planning Commission to allow uses within the C-O zone not currently listed as permitted uses upon the determination that the particular use is of the same general character as other uses in the zone. 2. In this instance, a party supply rental service {dinnerware, utensils, napkins, glasses, etc.) can be equated to an artist supply store which is allowed in the C-O zone upon approval of a conditional use permit. There are also a number of other uses, not of an office nature, such as beauty schools, and art gall eries which are permitted in the C-O zone upon approval of a conditional use permit. The common thread among these uses is their assumed ability to coexist in the zone or provide a service to the office uses themselves. 3. The particular land use in question would be a permitted use in the C-C, C-T and C-B zones and may also be allowed in the C-N zone. However, the use is not specifically listed on the Land Use Chart. It is conceivable that the applicant could find an appropriate location in one of the zones other than the C-O zone. However, the applicant wishes to acquire the property located at 620 Third Avenue which is in the C-O zone for the purpose of establishing his business on the site. D. CONCLUSION It is the staff's opinion that the use can be conducted in a low key and unobtrusive manner and therefore can coexist with office uses in the C-O zone; however, the use has the potential of disrupting the continuity of office uses in a given location and should be subject to the approval of a conditional use permit by the Zoning Administrator. It is, therefore, the staff's recommendation that the Commission determine that party rental service is of the same general character as an artist supply store and amend the Land Use Chart accordingly. WPC 0488P