SUBJECT: AMENDING VARIOUS SECTIONS
OF TITLE 20; CORRECTING TYPOGRAPHICAL ERRORS; AND MAKING OTHER TECHNICAL
CORRECTIONS
COUNCIL DISTRICT AND
SNI AREAS: Citywide
The Planning Commission voted 4-1-2 (Commissioner Levy opposed; Commissioners Chun Hoo and Dhillon absent) to recommend that the City Council approve the proposed ordinance as presented in the attached memorandum.
BACKGROUND
On July 25, 2001, the Planning Commission held a public hearing to consider the proposed ordinance amending Title 20 amending various sections of Title 20; correcting typographical errors; and making other technical corrections. The Planning staff recommended approval of the proposed ordinance as outlined in the attached staff report.
ANALYSIS
At the Planning Commission public hearing for the proposed ordinance, Planning staff presented a brief overview of the proposed ordinance. There were no members of the public who wished to speak on the proposed ordinance. Commissioner Levy expressed some concern over the proposed amendments related to window tinting and public pay phones, explaining that these regulations do not belong in the Zoning Code and could be considered "over-regulation." Staff responded to his concerns indicating the proposed amendment relating to window tinting is in response to the recent ordinance adopted by the City Council prohibiting window tinting at beverage service businesses. Staff also indicated that the proposed amendment pertaining to the pay phones on private property strengthens the existing regulations and ensures that the original intent of the regulations is met.
Commissioner Levy also expressed some concern regarding the proposed amendment to increase the maximum allowed building height to fifty (50) feet and four stories in the CN-Commercial Neighborhood and CP-Commercial Pedestrian zoning districts and its compatibility with uses adjacent to these districts. Staff explained that the proposed increase in height limits was consistent with the City Council’s recent General Plan action, which raised the City-wide maximum building height to fifty feet. Staff also explained that proposals for development would require a discretionary permit through Planning and the issue of height and compatibility with adjacent land uses would be addressed through that process. In other words, fifty feet is a maximum, and through the discretionary permit process, an individual project may have building height limits below fifty feet.
Commissioner Zamora questioned how the proposed amortization of incidental dancing and music at bonafide public eating establishments or drinking establishments might affect businesses in the Downtown. Staff responded that businesses in the Downtown would be required to comply with these regulations; however, if the City felt that Downtown establishments should be regulated differently, the opportunity for different regulations would be through amending the Downtown zoning districts in the current Code.
Public outreach consisted of a notification of the
public hearing in a newspaper of general circulation. Outreach also consisted of a posting of the proposed amendment
and staff report on the Department's webpage as well as the public hearing
before the Planning Commission on July 25, 2001.
Preparation of the proposed ordinance has been coordinated
with the City Attorney’s Office.
CEQA
The proposed ordinance is exempt pursuant to Section
15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
Planning
Commission