STAFF REPORT - CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCE AUTHORITY

Waive the Second Reading and Adopt Ordinance No. 850 Approving of a City Initiated Zoning Text Amendment (No. ZTA 21-02) Amending the Planning and Zoning Code Related to towing and impound yards, dry cleaning establishments and various clarification and cleanup language related to various commercial uses and their associated development regulations.

On December 2, 2021, the City Council voted to initiate a zoning text amendment to update the City’s planning and zoning regulations related to towing and impound facilities and dry-cleaning establishments. In addition, when a zoning text amendments are initiated and processed, staff likes to address areas of the code where text in the zoning code need clarification and/or deletion to ensure consistency in the codes application and intent of the regulation for consideration by the Commission and Council. These additional items staff is proposing to address are related to service stations and car washes, general offices and telecommunication land uses.

On February 22, 2022 the Planning Commission held a noticed public hearing to the consider the zoning text amendments and approved Resolution No. 022P-002 recommending approval to the City Council. 

On March 3, 2022, the City Council conducted a noticed public hearing, and introduced and waived the first reading of Ordinance No. 850. 

The proposed text amendment incorporates changes in definitions, permitted uses, and additional development regulations to ensure that the application of the zoning code is meeting the intent and purpose of the City’s zoning regulation in relation to the general plan.

Tow and Impound

Towing and impound establishments are defined as establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services. This classification does not include automobile/dismantling. This falls under salvage yards.

Currently, Towing and Impound uses are permitted in the city but only in the Manufacturing Business Heavy (MBH) zoning district. The issue is that there are only (2) parcels in the City that are zoned in that district and that is the existing garlic plant and the land directly to the south. Council directed staff to consider amending the land use table to allow towing and impound establishments in the Manufacturing Business Light (MBL) districts subject to a conditional use permit (CUP) to expand their ability to locate in Coalinga since the code is currently restrictive to this land use. With the CUP requirement this would allow staff and the commission the ability to condition the project to ensure land use compatibility and apply transitional standards when needed.

PROPOSED AMENDMENT: Including Towing and Impound as a permitting use in the MBL subject to a conditional use permit.

Dry Cleaning Facilities

The City currently has (2) definitions that address dry cleaning facilities:

• Industry, limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry-cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. This classification includes the cultivation, processing, extraction, manufacturing, testing, distribution, and transportation of cannabis and cannabis products.
  
  
• Personal services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, massage parlors, tattoo parlors, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), laundromats, shoe repair shops, self-service laundries, photocopying and photo finishing services, and travel agencies.

Industry limited talks about dry cleaning plants where personal services allows for dry cleaning agents but excludes large-scale plants. It does not particularly speak to whether small equipment would be permitted in a commercial location that include pick-up and drop-off. City Council directed staff to develop language that would clarify land use permissibility for dry cleaning establishments and further clarify smaller operation (outlet or agent) verses a larger scale facility.

PROPOSED AMENDMENT: Staff developed three (3) new definitions for dry-cleaning establishments as well as updated the land use table to incorporate their permitted uses:

• Dry-cleaning Agency:  For drop off and pick up only, no laundry or dry-cleaning equipment on premises.
  
  
• Retail Drycleaner:    Dry cleaning establishment where the dry cleaning and laundry equipment is permitted on the premises and such services are performed on articles brought in directly from the customer to the establishment.  This includes delivery of the articles to the retail customer where the dry-cleaning establishment directly processes such articles for such customer. 
  
  
• Wholesale Dry-cleaning: A dry-cleaning establishment that has equipment on the premises, but on a much larger scale. This classification is for the establishments that process articles for several customers and do not have customer pickup. 

As a result of the updated definitions, staff has incorporated these three land use classifications into the land use table where they best fit based on their operational intensity. These can be found in the draft ordinance in Sections 4 and 6.

Cleanup Language and Clarification to Existing Land Uses and Additional Development Regulations

When a zoning text amendment is proposed or initiated, staff likes to look at some areas of the code where it has been difficult to apply the strict regulation in addition to balancing the intent of the code and its application of the regulations. There were a few areas where staff has discovered these issues and has provided some language changes to clarify the regulatory intent.  

Service Stations with Vehicle Washing Facilities: Staff has updated the code to clarify that car washes can typically be accessory to service stations. Therefore, when a service station is permitted, a car wash facility should be permitted so long as they are accessory. This application is applied in the General Commercial Zoning District (CG) since car washing facilities, stand alone, are permitted in the (CR) Commercial Retail Center and (CS) Service Commercial Zone.

General Office and Telecommunication (Facilities within Buildings): With the ever-changing landscape of telecommunications and need for broadband infrastructure, limiting facilities within buildings to radio and television studios in MX and CS Zones restricts the enhancement of broadband within the community. In order to contribute to easing regulation on broadband expansion, permitting facilities within buildings (switches, wiring, and various electronic equipment) in the mixed-Use (MX) and Service Commercial (CS) zones would expand the areas for broadband infrastructure in the city with the requirement that a central office be located on the premises for public access.

In addition, with the limited nature of office space in Coalinga, and the intent of the City to encourage business development, the regulations of limiting office space in the (CS – Service Commercial) zone as accessory to a principal commercial use is limiting and has created several non-conforming uses in areas developed for office space. Staff is recommending removing these regulations to limit non-conforming uses and improve office space opportunity in the City with no impact.      

A copy of the draft ordinance is attached for the Planning Commissions review and consideration as requested by the City Council. 

General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for commercial and industrial uses. These changes further enhance the general plan and intent of the zoning code.

Public Notification: On February 10, 2022 joint public hearing notices were posted and emailed to local paper in accordance with local and state regulations.  

Environmental Determination: This text amendment has been reviewed in accordance with CEQA and staff has determined that this ordinance change would not have a detrimental effect on the health, safety and welfare of the community and fall under Section 15061(b)(3) - General Rule Exemption. In addition, CEQA will be further reviewed during the permitting process as a Conditional Use Permit will be required for the newly incorporated land uses (dry cleaners and towing/impound).

The following standard findings must be made for each Zoning Ordinance amendment:

1. The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
   
   
2. The proposed Zoning Ordinance amendment is consistent and compatible with the goals, policies, and actions of the General Plan, and the other applicable provisions of the Zoning Ordinance.
   
   
3. If applicable, the site is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses/developments.
   
   
4. The proposed Zoning Ordinance amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act.