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HomeMy WebLinkAboutPlanning Comm Reports/1984/06/20 STUDY SESSION AGENDA City Planning Commission Chula Vista, California 5:00 p.m. Conference Rooms 2 & 3 Wednesday, June 20, 1984 Public Services Building 1. Report - "Review of Land Development Permit Processing in the City of Chula Vista" 2. Text Amendment - 4/5-Vote Override 3. Text Amendment - Carnivals (Council referral 5/8/84) 4. EastLake I - Development Status Guest speakers: Bud Gray and Bob Santos 5. Adjournment to the Black Angus for dinner and to the Regular Business Meeting of June 27, 1984 May 25, 1984 To: Planning Commission From: George Krempl, Director of Planning~_~/ Subject: City Council Referrals to the Planning Commission - Land Development Permit Processing and 4/5-Vote.Override The City Council, at their May 19, 1984 workshop, referred the following items to the Planning Commission: 1. Report - "Review of Land Development Permit Processing in the City of Chula Vista" 2. Text Amendment - 4/5-Vote Override 3. Text Amendment - Carnivals (Council referral 5/8/84). These items, as you may recall, were previewed at the Commission's May 16, 1984 workshop. We will schedule a work session on them, for your discussion, on June 20, 1984. GK:rms Attachment cc: John Goss Jim Thomson Sid Morris Ken Lee PROPOSED AMENDMENT TO §19.14.130 OF THE CHULA VISTA MUNICIPAL CODE Sec. 19.14.130 Conditional Use Permit - Appeals City Council Action - Resolution Contents and Transmittal Upon the hearing of such appeal, the city council may, by resolution, affirm, reverse or modify in whole or in part any determination of the planning co~nission, subject to the same limitations and requirements of findings as are placed upon the planning commission by this chapter. The resolution must contain a finding of facts showing wherein the conditional use meets or fails to meet the requirementss of Section 19.14.080 through 19.14.100. ~/~/~~. Not later than ten days following the adoption of said resolution, the city clerk shall transmit a copy of the resolution and finding to the director of planning, to the director of building and housing, and shall mail a copy to the applicant. COUNCIL CONFERENCE AGENDA STATEMENT Item Meeting Date 5/19/84 ITEM TITLE: Report - City Code Requirements for a Four-Fifth's Vote to Override Planning Conunission Actions SUBMITTED BY' Ci y/Director of Planning ~ (4/5ths Vote: Yes__ No x On September 27, 1983, Council requested staff to rel~Drt on .--~ whether the four-fifth's voting requirement for Council to overrule the Planning Conunission is k~sed on state law and w~ether it should be continued. RECOM/~ENDATION: 1. Direct the City Attorney to prepare an amendment to the City Code to remove the present requirement for an extraordinary ~ote of the City Council to override an action of the Planning Commission for conditional use permits and variances. 2. Direct the Planning Co~unission to review the proposed amendment prior to City Council consideration. DISCUSSION: At the September 27, 1983 City Council meeting, the question arose' as to whether the requirement for a four-fifth's vote to override Planning Co~umission actions is based upon state law. This office has researched state law in this' regard and there is no such provi- sion. Although not directly on point, Section 65857 of the Government Code gives the general tenor of State law when it states that the legislative ~dy "~y approve, n~Ddify or disapprove the recommendation of the Planning Commission". The City Code requires a four-fifth's vote on the part of Council to overrule a Planning Com~ssion action with regard to two actions: (1) conditional use permits (§19.14.130); and (2) variances (§19.14.250). This requirement is only found in the City Code and there is no similar prohibition in the Charter. Therefore, the City Council has the prerogative of amending this ordinance at any time to remove the four-fifth's requirement by reducing it to a ~jority. The four-fifth's requirement with regard to conditional use permits and variances appears to be inconsistent with other provisions of the Code, however, the primary reason behind the requirements of a four-fifth's vote to override the Commission's action originates from the fact that the Planning Commission's actions on conditional use permits and variances is final unless appealed to the City Council. Therefore, requiring a four-fith's vote to override places the Commission's vote in a stronger position and ~y tend to discourage appeals to the City Council. Continued on Page Two... Form A-~-13C (ll/79) Meeting Date: 5 ~9/84 Page Two During the last five years, over 150 variances and conditional use permits have been processed with only seven appeals filed with the City Council. After a survey of other jurisdictions in the area, it was determined only Vista and San Marcos have any similar 4/5 reequirement and Vista further limits it to the situation where Council w-ants to overrule the denial of a conditional use permit. Therefore, it is recommended that an amendment be prepared which will allow the Council to override the Planning Commission's decision by a simple majority. COUNCIL AGENDA STATEMENT Item Meeting Date 5/8/84 ITEM TITLE: Report - Proposed Amendments to Chapters 19.14, 19.54 and 19.58 of the Municipal Code relating to Carnivals SUBMITTED BY: City Attorney,~'/~-~ (4/Sths Vote: Yes__ N0x ) Director of ~.:d~r~ning~-- The proposed draft ordinance' establishes a procedure whereby the Zoning Administrator is authorized to process applications for conditional use permits for carnivals and circuses with an appeal right to Council.~ RECOMMENDATION: Refer the matter to the Planning Commission and staff for additional review analysis and ..- recommendation. BOARD/COMMISSION RECOMMENDATION: Pending referral DISCUSSION: At its meeting of February 21, 1984, the City Council requested that staff prepare an amendment to existing City Codes relating to a special review process for carnivals. Proposed Section 19.58.042 establishes general development standards the Zoning Administrator shall follc~¢ in determining whether or not to grant or deny the permit. At the option of the Zoning Administrator, the application may be referred to the City Council. This ordinance will allow for the expedited handling of permit applications. Typically, these applications come in a short time prior to the requested dates and the requir~aent that they require a conditional use permit through the Planning Commission would in effect prohibit them. The ~tter should be referred to the Planning Contmission for their reco~endation. Concurrently, the affected departments will have a chance to review it and Planning can refine the proposed development criteria. FISCAL IMPACT: N/A Form A-113'(-Rev. ll/79) EXHIBIT A PROPOSED REVISIONS TO THE MUNICIPAL CODE ,RELATING TO CARNIVALS Sec. 19.14.030 Zoni~ Administrator-Actions Authorized Without Public Hearing. The zoning administrator is authorized to consider and to approve, disapprove or modify applications on the following 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 following 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. 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 zonin~ administrator is authorized to consider and to approve, deny, or modify applications for conditional use permits for carnivals and circuses. The zonin~ admini- strator shall set the matter for public hearin~ in the manner provided herein. -1- Sec. 19.14.050 Public Hearing-Mandatory When. A. The zoning administrator may, at his option, refer any of the matters on which he is authorized to rule and/or issue a permit to the planning commission for review. In such cases, a public hearing as provided herein shall be mandatory. B. Any person who disagrees with the ruling of the zoning administrator may appeal such ruling to the planning commission. In such cases, a public hearing as provided herein shall be mandatory. C. Notwithstanding the above provisions, the zoninq administrator may, at his option, refer applications for carnivals and circuses on which he is authorized to issue a permit to the city council for review. In such cases, a public hearing as provided herein shall be mandatory. SECTION II: That Section 19.54.020 of Chapter of 19.54 of the Chula Vista Municipal Code be, and the same is hereby amended to read as follows: Sec. 19.54.020 Designated-Limitations and Standards. The following uses may be considered for location in any zone, subject to the provisions set forth herein, and additional conditions set forth in Chapter 19.58 (references indicated for uses): A. Borrow pits and quarries for rock, sand and gravel; B. Campgrounds: See Section 19.58.040; Co Cemeteries: See Section 19.58.080; D. Colleges, universities, private schools, elementary and secondary public schools. E. Columbariums, crematoriums and mausoleums, provided that these uses are specifically excluded from all R zones unless inside of a cemetery: See Section 19.58.080; F. Churches: See Section 19.58.110; G. Dumps, public or private; -2- H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, mentally retarded of all ages), psychiatric, etc.: See Section 19.58.110. Further, that approval shall not be granted until the following findings can be made (homes for mentally retarded children): 1. The size of the parcel to be used shall provide adequate light and air in proportion to the number of residents. 2. The location of wind,s and open play areas shall be /o situated as to not adversely impact adjoining uses. 3. Spacing between the~e facilities shall be such that the character of the neighborhood is not affected by the grouping of these homes; I. Mortuaries: See Section 19.58.080; J. Establishments or enterprises involving large assemblages of people or automobiles, as follows, provided that these uses shall be deemed to be generally undesirable in the R zones: 1. Airports and heliports: See Section 19.58.180, 2. Amusement parks and amusement enterprises: See Section 19.58.040, 3. Arenas: See Section 19.58.040, 4. g~,//~/~7~/~//~ Fairgrounds: See Section 19.58.040, 5. Museums, 6. Open air theaters, except drive-in theaters: See Section 19.58.120B, 7. Race tracks and rodeos: See Section 19.58.040, 8. Recreational centers, commercially operated: See Section 19.58.040, 9. Stadiums, 10. Shooting clubs: See Section 19.58.200, 11. Ambulance service (excluded from all residential zones unless located within a hospital complex); -3- K. Golf courses: See Section 19.58.090; Passenger stations for rail or bus travel; L. M. Public and quasi-public uses; N. Radio or television transmitters; O. Trailers (commercial coaches): See Section 19.58.330; P. Senior housing developments: See Section 19.58.390. Conditional us~ permit applications for the uses listed in this section except campgrounds, churches, amusement arcades and centePs, trailers (commercial coaches) and borrow pits of not more than two acres, shall be considered by the city council subsequent to ... its receipt of recommendations thereon from the planning commission. SECTION III: That a new Section 19.58.042 be, and the same is hereby added to Chapter 19.58 of the Chula Vista Municipal Code to read as follows: Sec. 19.58.042 Carnivals and Circuses. Carnivals and circuses shall be sub3ect to the following development standards: A. Carnivals shall be restricted to locations where the ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards and ~rovide adequate parking; B. Adequate controls or measures shall be taken to prevent offensive noise, vibration, dust and glare from any indoor or outdoor activity onto adjacent property or uses; C. The time of operation and the duration shall be limited by consideration of the impacts on the surrounding uses or the community as a whole. To minimize the adverse impact on the community, no more than four (4) circuses or carnivals shall be permitted during any twelve month period. Carnivals and circuses shall have adequate insurance, pursuant to City Council Policy, to indemnify the city from liability. A business license shall be required. -4- D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by tho Fire Marshal including inspection prior to opening. security guards as required by the Police Department shall be provided. Uniformed parking attendants to be determined by the Traffic Engineer. The number of sanitary facilities shall be as determined by thn Department of Building and Housing. E. The zoning administrator has the right to imposo ~dditional standards or waive any of the abovo standards on~%he finding that said standards are or are not necessary to protect the public health, safety and general welfare. F__i. A bond shall be posted to cover any works and ,compliance with conditions to be done once tho carnival is over. Any violation of the abovo regulations which has been substantial shall bo sufficient grounds for the zoning administrator to revoke the conditional use permit and removal of tho circus or carnival from the property, Additions //// Deletions -5-