I. RECOMMENDATION:
City Council Consideration of a Zoning Text Amendment (ZTA 23-01) and Further Introducing and Waiving the First Reading of Ordinance No. 858, Updating the Temporary Uses Section of the Planning and Zoning Code in Order to Permit Fairs, Carnivals and Festivals in Residentially Zoned Districts on Parcels No Smaller than 20 Acres.
II. BACKGROUND:
On January 5, 2023, the City Council directed staff to update the temporary uses section of the planning and zoning code to allow fairs and festivals to be permitted as a temporary use in residentially zoned properties in order to accommodate the location of the annual horned toad derby for 2023.
On February 16, 2023, staff presented draft language to the City Council for consideration and the Council authorized the initiation of a zoning text amendment to make the appropriate changes to the code to allow festivals, carnivals and fairs in residentially zoned parcels with limitations.
Staff prepared an ordinance for the Planning Commission where a public hearing was conducted on March 14, 2023 and the planning commission considered the draft ordinance and adopted resolution no. 023P-002 recommending approval by the City Council at their March 16, 2023 meeting.
III. DISCUSSION:
Section 9-5.126 of the Coalinga Planning and Zoning Code regulates temporary uses such as carnivals, fairs and festival events within the City. Currently the City permits carnivals, fairs and festival events that are in connection with an existing commercial uses or in conjunction with an activity of a civic organization, church, lodge, public or private school, or other such group or organization with established standards such as hours of operation, location, time limits, parking, and duration.
The proposed changes requested by the City Council was to amend the temporary use activities to be permitted in residentially zoned districts on parcels no smaller than 20 acres. Included in the ordinance are additional regulations related to hours of operation and parking.
A copy of Ordinance No. 858 is attached to this report.
Also, provided is a link to the City’s existing temporary use regulations.
https://library.municode.com/ca/coalinga/codes/code_of_ordinances?nodeId=CD_ORD_TIT9PLZO_CH5STSPUSAC_ART1STSPUSAC_S9-5.126TEUS
General Plan/Zoning Consistency: The proposed zoning text amendment is consistent with the general plan policies and implementation measures including zoning consistency for temporary uses when appropriate measures are taken through the application review process to protect the publics health, safety and welfare.
Public Notification: On March 2, 2023 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 15304(e) - Minor alternations to land since there will be operational regulations established and included to reduce potential impacts. Since the uses are temporary in nature and limited to four (4) occurrences per year, this would not have a permanent impact on the environment or the surrounding neighborhoods. Typically temporary uses require minor alternations of the land where no substantial permanent facilities are provided.
The following standard findings must be made for each Zoning Ordinance amendment:
- The proposed Zoning Ordinance amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
- 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.
- 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.
- 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.
IV. ALTERNATIVES:
Do not introduce and waive the first reading or Ordinance No. 858.
V. FISCAL IMPACT:
There may be a fiscal impact to the general fund as it relates to expanding temporary uses through the collection of additional sales tax revenue.
|