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HomeMy WebLinkAboutAgenda Statement 1988/01/12 Item 13 COUNCIL AGENDA STATEMENT • Item 13 Meeting Date ~~ /~/~~~~ ITEM TITLE: Public Hearing: Zoning Ordinance Amendment PCA 88-3; consideration of amendment to Title 19 (Zoning) of the Municipal Code to require approval of a major use permit to operate cardrooms within Montgomery Ordinance as ~ ~ Amending Title 19 (Zoning) of the Municipal Code requiring approval of a major use permit to operate cardrooms within Montgomery SUBMITTED BY : Director of P1 anni ng ~(G ~Q~ B~p~NG AND AppPT10N ~/~ REVIEWED BY: City Manager ~ G d ~ (4/5ths Vote: Yes No X ) On September 1, 1987, the City Council considered an urgency ordinance presented by staff recommending that a 90-day moratorium be placed on location of cardrooms within Montgomery with a public hearing to be held at the end of this period to consider extension of the moratorium until implementation of the Montgomery Specific Plan. The immediate concern by staff was not whether or not a cardroom might be reasonably located within the Montgomery area, but t e lack of appropriate planning and zoning review mechanisms in place at this At that hearing, Mr, Fran Burger testified in opposition to the proposed urgency measure, stating that he had a property in escrow for the purpose of establishing a cardroom and that a moratorium would stop the plans that he had made, which were in conformance with current City regulations, The Council voted to adopt the urgency ordinance after amending the ordinance to exempt applications from the moratorium who obtain approval for a cardroom from the Montgomery Planning Committee, Planning Commission, and City Council, That ordinance expired on December 15, 1987, An Initial Study, IS-88-30M, of possible adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on November 26, 1987, The Environmental Review Coordinator concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted, RECOMMENDATION: That Council: 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-88-30M, 2. Amend Title 19 (Zoning) of the Municipal Code to permit the location of cardrooms within Montgomery subject to approval of a major use permit as • shown in Exhibit A, attached and made a part hereto, • Page 2, Item 13 Meeting Date -~-/srf8& ~~io2~~~ BOARDS/COMMISSIONS RECOMMENDATION: The Montgomery Planning Committee, at their meeting of December 2, 1987, voted 6-0 with one member absent, to recommend to the City Council that the zoning ordinance be amended to require approval of a major use permit prior to relocation of cardrooms within Montgomery. The Planning Commission, at their meeting of December 16, 1987, recommended approval of the proposed ordinance amendment as recommended by staff by a vote of 6-U with one Commissioner absent. DISCUSSION: In the report and recommendation to place a moratorium on cardrooms in hiontgornery, which was considered by Council on September 1, staff noted that cardrooms were not evident within the annexation area when the annexation took place on December 31, 1986. This was due to the fact that while the zoning ordinance for the County (which is still in use on an interim basis) permit cardrooms in some commercial land and industrial zones, the County Code enforced by the Sheriff's department did not allow this type of use to be licensed, and was, therefore, prohibited. Since the County Code was not adopted when annexation took place, cardrooms which are classified as "Participant Sports and kecreation for Indoor Uses" a permitted use in several commercial and industrial zones without any ~^etionary review. In many cases, without the requirement for a major use permit, there is no opportunity for adequate review of the proposed site or placement of appropriate conditions of approval by staff, neither is there an opportunity to review and comment by surrounding property owners and the public. This situation prompted the City Council to adopt the proposed 90-day moratorium, with exemptions for applicants who obtain approval of a major use permit by City Council, which requires recommendations by the Montgomery Planning Committee and Planning Commission. The City has a standard of one cardroom per 40,000 population including Montgomery. The estimated 123,000 population for the City translates into three cardrooms allowed while the number currently licensed is four. Only three cardrooms are operational at the present time due to closure of one business by afire. Since the licensing of cardrooms as governed by the P°lunicipal Code includes P~iontgomery, no new cardrooms can be established within Montgomery because all available licenses have been issued. There are no cardrooms in Montgomery at the present time; although staff has received several inquiries by the existiny cardroom operators about the possibility of relocating their operations to Montgomery, there are no active proposals that staff is aware of. The urgency ordinance establishing the moratorium expired on December 15, 1987. Staff is recommending that a permanent amendment to the zoning o finance be enacted to require approval of a major use permit by the City il, with review and recommendations by the Montgomery Planning Committee a Planning Commission. The requirement for a major use permit would be similar to the CUP requirement in force in areas of the City outside Montgomery. ''T 4'Yf • a The City regulatory system is structured so that cardroom licenses are issued in accordance with Chapter 5.20 of the Municipal Code, with additional review afforded through the CUP process. The CUP requirement gives the City an opportunity to weigh locational factors associated with operation of this business, such as the proximity of residential uses, potential conflicts with adjacent commercial uses, and the amount and design of on-site parking. Page 3, Item 13 Meeting f)ate~~t~ /~/~I BY Processing of a "permanent" zoning text amendment would eliminate the need to renew interim measures with time limitations, repeatedly, in anticipation of implementation of the Montgomery Specific Plan. Once the Specific Plan is implemented, the present ordinance will be replaced by a permanent regulatory system which will address the issues associated with cardrooms. ~,~PC 4632P by thn City Cot.~nril of Chula b'ista, California • Dated //~~~~ by t City Council of Chula Vista, California Dated _,,~;~_ ~~ ~`~ -