1982 REG MTG MIN MAY 4 - Laserfiche WebLink

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Moved by Councilman Rios, seconded by Councilman Rehrer, to removed Resolution No. 19 04199 from the Agenda for further study, regarding the Public Utilities Code relating to electricity. Unanimous Vote. PLANNING COMMISSION REPORTS AND RECOMMENDATIONS: Zoning P. C. Res. No. 1031 Moved by Councilwoman Cisneros, seconded by Councilman Rehrer, to set for Public Hearing on Tuesday, May 18, 1982, at 7:30 p. m., Planning Commission Resolution No. 1031, Change of Zone, Index No. A-2-82. Unanimous vote. Planning Division P. C. Res. No. 1032 Moved by Councilwoman Cisneros, seconded by Councilman Rios, to set for Public Hear- ing on Tuesday, May 18, 1982, at 7:30 p. m., Planning Commission Resolution No. 1032, General Plan Amendment, Index No. G-1-82. Unanimous vote. Zoning Churches Planning Director Aguilera read his report dated April 28, 1982, concerning the City's Zoning Ordinance with regard to churches. Mr. Aguilera continued it should be noted that the code does not address churches per se but rather it uses the term "religious assembly", which is defined as "religious services involving public assembly such as customarily occurs in syna- gogues, temples and churches". This term is so broad that it has been interpreted as encompassing anything from home prayer groups to large assemblies. Mr. Aguilera advised the only other section in the ordinance that pertains to this type of use is that section which regulates the zone in which a religious assembly may take place, and the ordinance allows this use in all zones subject to a Condi- tional Use Permit. The ordinance states that "conditional use permits may be granted by the Commission, which, in granting a permit, may also impose certain conditions that, in it's opinion, will help to safeguard the health, safety and property values in the zone". -- Mr. Aguilera further advised it is clear by the ordinance and state law that all uses of whatever nature need to be regulated in order to insure the health, safety and well-being of others which may be affected by said uses. The method most cities use in regulating churches is the conditional use permit procedure because of the variety of zones in which they are allowed; different conditions exist in a residential area as opposed to an industrial area; however, it may be true that the definition of "religious assembly" is overly broad and that perhaps a more exact definition needs to be considered. Mr. Aguilera concluded that Staff recommended several alternatives the Council may consider: 1. To enforce the existing ordinance as it reads. 2. To request that the Planning Commission Zoning Ad Hoc Committee review the wording and intent of the ordinance and make its find- ings known to the Commission and Council. If this alternative is chosen, it should be determined whether the use in question should continue or cease until such determination is made. 3. To find that the requirement of a conditional use permit does not apply in this particular case. Moved by Councilman Rehrer, seconded by Councilwoman Cisneros, approving Alternative No. 3 with regard to the Valley Community Church. Motion carried, with Councilwoman Garcia voting NO. Discussion followed among Council Members, Staff and Pastor Minkler with regard to the church meetings. COMMUNITY SERVICES DIRECTOR'S REPORTS AND RECOMMENDATIONS: Bids Rialto Concrete Water Reservoir Mr. Ben Urquiza, City Engineer, reported on the bids received and opened for repair of the three million gallon concrete water reservoir, advising that Staff recommends the bid be awarded to the low bidder, Protective Coatings Rustproofing, Inc., in the amount of $45,375, and monies for this project were budgeted in the 1981-82 fiscal year budget. MAY 41338+