HomeMy WebLinkAboutAgenda Statement 1976/07/27 Item 08Item No. 8
July 27, 1976 r
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• � CITY OF CHULA VISTA ITEM N0. °�-
' I COUNCIL AGENDA STATEMENT ��z���b
j FOR MEETING OF: "�
ITEM TITLE: Public hearing - Consideration of amendment to Municipal Code to define "group
residence" and establish standards for group residences
Ordinancen1697 - Amending the Municipal Code to define "group residence" and
establish standards for group residences
SUBMITTED BY Director of Plannin� SECOND READING AND ADOPTION
ITEM EXPLANATION
A. BACK6ROUND
1 . On April 8, 1976 the City Council held a Council Conference to consider standards
for boarding and lodging houses. The Council formulated tentative standards which were
referred to the Planning Commission and staff for review and recortonendation.
2. On June 21st the Planning Cortunission conducted a public hearing to consider
amendments to the Municipal Code relating to standards for boarding and lodging houses.
The proposed standards were a culmination of the tentative standards formulated by Council
and Planning staff work, designed to provide the necessary framework from which individual
applications could be evaluated on a case by case basis.
B. PROPOSED STANDARDS
l . The following represents a brief surtenary of the recortmended standards :
a. All facilities such as cortununal households, lodging houses, boarding houses,
fraternity houses, etc. , are placed under one definition, "Group Residence."
b. The number of roomers andboarders allowed without a use permit in the R-3
zone is reduced from 6 to 2 persons.
c. The maximum number of residents per facility is limited by determining the
number of apartments which could be built on a given site, multiplied by the
average household size of apartments as listed in the most recent census (1975
census 1 .94 persons per unit)
, EXHIBITS ATTACHED �continued on supplemental page)
Agreement Resolution Ordinance X Plot Other Rpt. to P. .
6/21/7
Environmental Document: Attoched FIR-7�-7 Submitted on Res. PCA-76-5
STAFF RECOMMENDATION:
Concur with Planning Cormnission recortunendation and further recormnend that the Council
certify that EIR-75-2 has been reviewed and the information considered, and that it
has been prepared in accordance with CEQA, the California Administrative Code and the
Environmental Review Policy of the City of Chula Vista.
BOARD/COMMISSION RECOMMENDATION�
The Planning Comnission voted 5-0 recormnending that the City Council adopt the
amendments to the Municipal Code defining "Group Residence" and establishing
standards for group residences.
COUNCIL ACTION�
EIR adopted 7/20/76 and Ordinance placed on first reading, as amended.
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Form G-113 (Re¢5—75)
" AGENDA ITEM N0. � 8
Supplemental page No. 2
d. The offstreet parking, lot coverage, open space, and setbacks are required
on the same basis as for the number of one bedroom units which could be built
on the site.
e. Periodic inspection by Planning, Building, and Fire Departments would be
required.
f. The conditional use permit application would be limited to three years,
requiring Planning Cortunission review at the end of the three year period.
g. The Planning Corrnnission would be required to consider spacing and the number
of such facilities in a given area .
2. Application of the proposed standards to a typical 10,000 sq. ft. R-3 lot would
result in the following:
a. Maximum number of residents - 14
b. 2800 sq. ft. of usable open space (400 sq. ft. x 7)
c. Building setback of 15' minimum (front and rear) 5' minimum (side)
d. A minimum of 9 offstreet parking spaces (7 resident and 2 guest)
e. Maximum lot coverage, 50%
f. 3 bathrooms
C. DETAILED REPORT
The attached staff report of June 21 , 1976. to the Planning Cormnission provides additional
information on this item.
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RESOLUTION N0. PCA-16-5 I
RESOLUTION OF THE CITY PLANNIt�G COMMISSION RECOM'i4ENDING TO THE " '
CITY COUNCIL THE ADOPTION OF AN AMENDt�IENT TO THE MUNICIPAL CODE �
TO DEFINE GROUP RESIDENCE A��D ESTABLISH STA�IDARDS FOR GROUP RESIDENCES
. . FMEREilS, on April 8, 1976 the City Council determined the need for standards
to apply to various living arrangements (comnunal households, sororities, fraternities,
boarding and lodging houses) and directed that the Planning Lortmission review
tentative standards formulated by the Council and make a recortmendation with
regard to their adoption, and ' .
� 11HEREAS, the Planning Cortmissian set the time and date for a public hearing
to consider a proposed amendment to the Municipal Code, and
iMEREAS, a hearing was held at said time and place, namely 7:00 p.m.,
June 21, 7976 in the Council Chamber, City Hall , 276 Fourth Avenue, before the
- Planning Comnission and said hearing was ttfereafter closed, and —
WHEREAS, the Cortmission certified that the information contained in the
Enviromnental Impact Report relating to the proposed amendment has been considered
and that in accordance with Resolution EIR-15-2 the report was prepared in accord-
. ance with CEQA, the falifornia Administrative Code and the Enviromnental Review
Policy of the City of Chula Vista.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
. 1. From facts presented to the Cortmission, the Comnission finds that public
necessity, convenience, general welfare, and good zoning practice require the
, amendment of Sections 19.04 (Definitions), 19.26 (R-2 Zone), 79.28 (R-3 Zone)
and 19.54 (Unclassified Uses) and the addition of a new subsection 19.58.172
relating to group residence, as delineated on the attached Exhibit "A".
2. The Planning Cortmission recortmends to the City Council that said
amendment be adopted.
3. That this resolution be grantmitted to the City Louncil .
. PASSED AND APPROVED BY THE LITY PLANNING LOI�L'1ISSION OF CHULA VISTA, CALIFORNIA,
this 21st day of June, 1976 by the following vote, to-wit:
AYES: Lomnissioners Floto, Johnson, Pressutti, Chandler and Starr
NOES: None
ABSENT: Conmissioner Smith
�,yn ( �' �('iYuLr�sE.YO�
ATTEST: � � Secretary
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ecretary
� EXHIBIT "A" �
PROPOSED ORDINAP�CE CHANGES
. 1. Amend Section 19.04.032 (definitions) :
19.04.032 Boarding or lodging house.
Delete existing definition and insert:
"See 'group residence' (Section 19.04.105) . "
2. Amend Section 19.04.092 Family.
Revise to read:
"'Family' means an individual , or two or more persons all of o-ihom are
_ ___.__ related_ by_blood, marriage, or. adoption, or a group_of not more than _ _
three persons, excluding servants, who need not be related, living in
a dwelling unit as a single housekeeping unit and using common cooking
facilities. "
3. Add Section 19.04.105 (definitions) :
.
"19.04.105 Group Residence.
'Group residence' shall mean a dwelling or part thereof where
meals and/or lodging are provided or shared by more than three
persons, excluding servants, who are not related by blood, marria3e,
or adoption."
4. Amend Section 19.26.040 (R-2 zone) Conditional uses.
Delete: A. ReF�i� an� �^�_.,;., �,,. �„_ � • � .
Q �OUTSrn�TIOV�CT�T-f�.�OTC�JTA�QI.SGS�
� Renumber B, C, D, E to A, B, C, D.
5. Amend Section 19.28.030 (R-3 zone) Accessory uses and buildings.
Revise to read:
. "A. Roaning and boarding of not more than two persons per dwelling
unit provided offstreet parking space is available for automobiles
owned and operated by any roomer or boarder, in addition to any space
required for the principal residents of the d�aelling. "
6: Amend Section 19.28.040 (R-3 zone) Conditional uses.
Revise subsection B to read:
"B. Group residence subject to the requirements of Section 19.58.172."
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. Exhibit "A"
page 2
7. Amend Section 19.54.020 (Unclassified Uses) Designated--Limitations and
. standards.
Delete item J. 12. r .+ •« .+ :«. ti,. i. ..«.�,,. � � ....�.
c.... c..�«;.... ,o co ,nn
' � 8. Add new Section 19.58.172 (Uses)
"19.58.172 Group residence.
"Group residences shall be subject to the following criteria:
"A. Density. The maximum number of residents allowed in a group
residence shall be determined by calculating the number of .
dwelling units which would be allo�aed on the site under R-3
- - district regulations and multiplying that number by the _
average family household size per unit (1 .94 based on 1975
census data).
"Note: Calculations shall be rounded to the nearest whole
number.
• "B. Parking. Parking requirements shall be calculated on the
basis of R-3 standards for one bedroom apartment units
(resident�- and guest) . The Planning Corrmiission may increase
the number of spaces required based on the facts presented in
the conditional use permit application. Tandem parking shall
be prohibited.
"C. Separation. Upon review of each conditional use permit appli-
cation, the Planning Comnission shall consider the number of
group residences and the distances between them in determining
the need for an additional group residence.
°D. Garage conversions. In structures used for group residence,
garage conversions shall 6e prohibited.
"E. Compliance with R-3 standards. Group residences shall comply
with all of the ordinance requirements as set forth in the R-3
• zone. Open space shall be calculated on the basis of 400 sq. ft.
times the number of units which could be constructed under R-3
. regulations.
"F. . Code canpliance (other). A structure used as a group residence
shall comply with the requirements of the latest effective
Uniform Housing Code and Fire Code.
"G. License. Proper licenses shall be obtained by anyone living in
the group residence when such residence includes the caring for
unrelated minor children or other persons referred to the house-
hold by a public agency.
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page 3
. "H. Bathrooms. There shall be a minimum of one bathroan for every
three bedrooms or fraction thereof, but not less than one for
every 6 persons or fraction thereof.
"I. Periodic Inspection. City inspectors (building, fire and zoning)
shall inspect each group residence from time to time, but at �
least twice yearly, to determine compliance with the conditional
use permit and code requirements.
"J. Time period. The issuance of a conditional use permit shall be
valid for a period of 3 years, at the end of which time the
Planning Commission shall review the operation of the use for
compliance v+ith all conditions. In the interim period, violations
of any condition cited, or receipt of verified complaints , will
constitute grounds for review and possible revocation of the
__ __ permit by the Planning Corrunission. "
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� To: City Planning Comnission O'(��
From: D. J. Peterson, Director of Planning
Subject: Staff Report on item for the Planning Cormnission LA`l��'�
Meeting of June 21 , 1976 �)
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1. Public Hearing: Consideration of standards for Group Residences
The attached staff report dated t•tay 27, 1976 presents the background, analysis
and staff recortmendation on this it�n. The report has been circulated to •
persons known to be interested in the matter. The only substantive change now
recommended by staff occurs in paragraph "I" of the proposed Section 19.58.172
concerning "Periodic Inspections" on the last page of the report. This
paragraph should be amended to require inspections twice a year rather than
once because, under the Building Code, a group residence would require a
housing permit and the payment of an annual fee. All uses 4�hich require a
housing permit are required to be inspected twice a year.
A question has been raised concerning the possibility of requiring that a
particular use permit not run with the land but expire at such time as the
group residence terminates. Staff's feeling is that this might better be
addressed as a condition of approval of a particular use permit.
. Mother question concerns the problem of defining who is to be considered as
a resident and who might be considered as a visitor of a group residence.
For reasons of brevity, this and several minor points will not be discussed here
but will be commented upon at the June 21 meeting.
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� � � Draft 5/27/76
PUBLIC HEARING: Consideration of Standards for Group Residences
A. BACKGROUND
• . 1 . On April 8, 1976 the City Council considered the matter of standards
for boarding and lodging houses. Council formulated tentative standards which
were referred to the Planning Commission for review and recommendation. The
standards formulated by the Council were:
a. One offstreet parking space would be required for each bedroom
or room which could be used as a bedroom, plus 2 spaces for the basic
dwelling unit. Tandem parking would not be allowed and the Planning
Cortunission could require increased parking based on occupancy.
b. Usable open space of 200 sq. ft. for each resident would be
required.
d. Conversion of garages to living quarters would not be allowed.
� e. Periodic inspection by the City would be required.
f. Sleeping quarters must contain at least 70 sq. ft. for two persons,
with each additional person requiring an additional 50 sq. ft.
g. One bathroom would be required for each 3 bedrooms or fraction
thereof.
� 2. In addition Council suggested the following:
a. That a general term be created which would cover all of the various
living arrangements (correnunal households, lodging, boarding houses, etc. ) .
b. That staff reexamine the criteria establishing the number of people
allowed per square foot of sleeping area based on proper standards for
, the City of Chula Vista.
c. That staff make copies of the draft available to the public upon
completion.
d. That the City Attorney explore the legality of establishing minimum
distances between boarding and lodging houses.
�q� 3. The Planning Cortmission adopted EIR-75-2 for the project on May 14, 1975.
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Under the environmental review procedures it will be necessary for the Planning
Comnission to review the contents of the EIR and to certify that they are
. considering it as they reach a decision on the project. A copy of EIR-75-2 and
a cover memo are included in the Comnission packets.
B. RECOMMENDATION �
1 . Adopt a motion certifying that the information contained in EIR-75-2 has
been considered, and finding that it has been prepared in accordance with CEQA,
the California Administrative Code, and the Environmental Review Policy of the
City of Chula Vista.
2. Adopt a motior, recortmending that Council approve an amendment to the
hLnicipal Code establishing standards for group residences and amending certain
sections of the Code as set forth in Exhibit "A" of this report.
. C. COUNCIL' S TENTATIVE STANDARDS
In evaluating Council 's tentative standards, staff has become concerned about
the standard for offstreet parking and changing the square footage required per
person for sleeping areas. These items are discussed below:
1 . Offstreet Parking.
The objective of requiring offstreet parking is to accommodate the needs
of the residents. Ideally, one offstreet parking space should be provided for
each car housed or used by the residents of a dwelling. Since the number of
vehicles likely to be registered to any household is unpredictable, it is
appropriate to adopt a.standard to accortmodate the average figure the City can
, expect from developments in the R-3 zone. The formula sug9ested by the Council
provides a certain cushion for extra cars, inasmuch as it requires two spaces
for the basic unit in addition to one for each bedroom. However, sleeping
quarters can vary in style from typical tract home bedrooms to dormitories of
the type characteristic of fraternities. Accordingly, the
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staff has concluded tliat the offstreet parking requirements can best be �
addressed by requiring parking in accordance with R-3 development standards,
. with leave given to the Planning Comnission to increase this requirement
on the basis of the facts which are brought out during the review of a
particular conditional use permit application. The use of R-3 standards will
result in nearly the same number of spaces as sought by the City Council with
the only difference being that the R-3 standards results in a sliding scale
for the number of guest spaces required.
2. Square footage standards for sleeping areas.
Council expressed concern that standards should be developed for Chula
Vista setting forth minimum square footages of sleeping area for each person
occupying a room. The Director of Building and Housing has indicated that the
minimum standards established by the State were recently adjusted to conform
. to U.S. standards. These standards which require a minimum of 70 sq. ft. of
area for a bedroom coniaining two persons and increasing at a ratio of 50 sq.
ft. for each person thereafter, closely corresponds to F.H.A. 's minimum. Any
change in the minimum standards would have to be arrived at after extensive
study and verification as to the necessity to increase from nationally recog-
nized standards. Such changes would then have to apply to all residential uses,
not just boarding and lodging houses, unless a rational basis for treating
boarding and lodging houses differently from other residential uses is
discovered. While staff has not exhaustively studied the matter, no basis for
changing the standards for boarding and lodging houses or for all residential
� uses has been found.
D. DISCUSSION OF COUNCIL SUGGESTIONS
At their April 8, 1976 meeting Council discussed other issues which did not
__ _ directly relate _to the standards previousl,v discussed. These items are discussed
below.
1 . A general term �•ihich would define all of the various facilities.
�r��� Several seeks ago the staff suggested the word "cormnune" be replaced wiih
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the term "cormnunity household" which denotes a social group of any size whose
members reside in a specific locale or a social group sharing cortunon character-
. istics or interests. This term, ho�aever, was not acceptable to the Council .
Another more inclusive term which describes the range of the facilities
being considered is "group residence." By definition, a group constitutes any
collection or assemblage of persons in aggregation. A residence, of course,
simply identifies the place in which one lives.
2. Spacing Requirements.
The Council expressed concern about the ability of the City to establish
spacing requirements for the various kinds of facilities, to insure that over-
crowding would not result in any one section of the cortununity. The City
Attorney's office has concluded that while the establishing of specific minimum
. distances between uses would be arbitrary, the Planning Cortenission could take
into consideration the distance involved between facilities prior to the granting
of a conditional use permit. The spacing would simply represent one more factor
in the Cortmission's deliberation as to the appropriateness of the use in a
given area.
3. Density Standard.
The Council also had discussed the development of some standard which would
govern the number of persons who could occupy a given boarding/lodging house.
If such a standard is desired, it could logically be related to the residential
density which could be expected if the subject property were to be developed
with apartment units. For instance, a 10,000 sq. ft. R-3 lot yields a maxim�nn
, of 7 dwelling units. According to the 1975 special census, the average household
size in apartment units is 1 .94 persons. Therefore, the number of residents
to be expected would be 14 (rounded to nearest whole number). A group residence
on such a tot would be limited to 14 persons. It should be noted that the
actual occupancy level of the various existing group residences is probably
��j� considerably higher than would be permitted under this Standard, so that this
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• standard together with the offstreet parking standard would probably be the
major limiting factors.
F. SUhP1ARY OF RECOhV4ENDED STANDARDS
. In surt¢nary, the various ordinance changes resulting from staff's review of the
Council 's suggested standards would involve:
l . Placing all facilities such as cortununal households , lodging houses,
boarding houses, fraternity houses, etc. , under one definition "group residences. "
2. Reducing the number of permitted roomers and boards in the R-3 zone
without a use permit from 6 to 2. This reduction will insure that rooming and
boarding for 3 or more persons will be considered as a group residence and thus
subject to standards established for that use.
3. Providing for these facilities in the R-3 zone only by conditional use
permi t.
. 4. Limiting the maximum number of residents per facility by determining
the number of apartments which could be built on a given site, sultiplied by
the average household size of apartments as listed in the most recent census
data.
5. Requiring a minimum number of offstreet parking spaces based on the
number of one bedroom units which could be built on the site. This number
could be increased based on Planning Corrnnission evaluation of the occupancy
during conditional use permit review.
6. Requiring the Planning Commission to consider the number and distances
between existing and proposed facilities to determine the need and appropriateness
of each new request.
. 7. Lot coverage, usable open space, setbacks, etc. , would be in conformance
to the standards of the R-3 zone.
8. Periodic inspection by the Planning, Building and Fire Departments
would be required (minimum of once yearly).
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9. A minimum of one bathroom for every three bedrooms, or fraction thereof,
but not less than one for every six persons, or fraction thereof, would be
. required.
10. The conditional use permit o-iould be valid for a period of three years at
which time the Planning Commission would be required to review the operation for
canpliance of all conditions. Any violations in the interim period would
constitute grounds for review and appropriate action by the Planning Cormnission.
11 . The structure, including bedroom sizes, must comply with all requirements
of the uniform housing code.
F. APPLICATION OF STANDARDS
Applying the standards suggested by staff to a typical 10,000 sq. ft. R-3 lot
would result in the following:
1 . Maximum number of residents - 14.
• 2. 2800 sq. ft. of usable open space (400 x 7).
3. Building setback of 15' minimum (front and rear) 5' minimum (side) .
4. A minimum of 9 offstreet parking spaces (7 for residents and 2 for guests) .
5. Maximum lot coverage - 50�.
6. Three bathrooms.
7. hlinimum bedroom size of 70 sq. ft. for 2 persons and 50 sq. ft. for each
additional person. _
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