HomeMy WebLinkAboutAgenda Statement 1986/08/12 Item 14 COUNCIL AGENDA STATEMENT
Item 14
Meeting Date 8/12/86
ITEM TITLE: Public Hearing: Consideration of an amendment to the
Municipal Code to require all living quarters in the R-1 zone
to be attached - Council initiated
Ordinance 4/4° Amending the Municipal Code to require all
living quarters in the R-1 zone to be attached
SUBMITTED BY: Director of Planning (eiL
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
At the meeting of June 24, 1986, the Council requested that staff return as
soon as possible with an ordinance requiring all living quarters in the R-1
zone to be attached.
The Environmental Review Coordinator has determined that the proposed
amendment is exempt from environmental review as a Class 1 (e) exemption.
RECOMMENDATION: That Council enact an ordinance amending Title 19 of the
Municipal Code as follows:
Chapter 19.24 R-1 Single Family Residence Zone
19.24.020 Permitted Uses.
C. All portions of the dwelling, factory-built home or mobile home used
for living or sleeping purposes shall be attached by common walls.
BOARDS/COMMISSIONS RECOMMENDATION: On July 23, 1986, the Planning
Commission, by a vote of 5-0 with two absent, recommended against the adoption
of the amendment. The Commission felt that the very limited instance of any
problems with the current ordinance justified leaving the ordinance as is.
DISCUSSION:
On April 15, 1986, the Council adopted amendments to the Municipal Code which
now prohibit the construction of new "Guest Houses" in the R-1 and R-2 zones
but allows them in the R-E zone. The Planning Commission had earlier failed
to adopt a recommendation on these amendments (3-3 with one absent) on the
basis that the then current provisions had not presented a problem.
It was originally assumed that the prohibition against Guest Houses--which are
defined as detached living quarters intended for use by occasional guests of
the occupants of the main dwelling--would in essence foreclose the possibility
Page 2, Item 14
Meeting Date -8/12/86
of constructing any sort of detached living quarters. As a result of an
inquiry at the April 15 Council meeting, however, the City Attorney stated
that the amendments would pertain only to detached living quarters intended
for guests, and that they would not prohibit the construction of detached
living quarters as long as they were intended to be occupied by the owners of
the property.
Council on June 17, 1986, requested that an emergency ordinance be brought
forward to address the concern. The City Attorney advised that the findings
for an emergency ordinance could not be made due in part to the lack of a
"general welfare" clause in the City Charter (proposed to be corrected by a
November Charter Amendment Ballot Issue) . In any event, the detached living
quarters question was referred to staff on June 24, 1986, to be brought
forward through the Planning Commission as early as possible.
As was discussed in the staff report accompanying the Guest House amendments,
the problem with detached living quarters is that they can easily be used as a
separate dwelling unit, either with or without the addition of a "boot-legged"
kitchen. Also, in view of the definition of an extended family and basic
rights of privacy, it is extremely difficult to enforce an owner-occupancy
restriction for detached living quarters in the absence of a voluntary
admission on the part of the occupants.
Attached quarters appear to be a logical and appropriate form of development
on the 5,000 sq. ft. to 7,000 sq. ft. lots generally found in the R-1 zone.
Such lots are usually not large enough to accommodate a main dwelling and
detached living quarters while at the same time maintaining a usable rear
yard, and/or not impinging upon the light, air or privacy of adjacent
resi dents.
For the reasons noted above, we recommend approval of the amendment.
FISCAL IMPACT: Not applicable.
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th..3 City Cr, ci! of by tile City Council of
Chula Vista, ifornia Chula Vista, California
Dated s UGC- r (y /0C47
MINIM
EXTRACT FROM PLANNING COMMISSION MINUTES OF 7-23-86
2. PUBLIC HEARING: THE MUNICIPAL NCODE RTOI U AN
REQUIREALL ELD TO OF
LIVING QUARTERS IN THE
R-1 ZONE TO BE ATTACHED
Principal Planner Lee advised that in April the City Council adopted code changes
to prohibit guest houses in the R-1 and R-2 zones. The City Attorney ruled that
the revision would relate to detached quarters for guests but not to quarters
to be occupied by owners of the property. The staff was directed to draft an
ordinance to prohibit the construction of any detached quarters in the R-1 and
R-2 zones.
The ordinance as proposed states: "All portions of the dwelling, factory-built
home or mobile home used for living or sleeping purposes shall be attached."
On the advice of the City Attorney' s office, it is recommended that the wording
"by party walls without openings," be added at the end of the proposed statement,
to clarify the intent of the ordinance.
In response to a question from Commissioner Grasser, Mr. Lee affirmed that the
concern over detached living quarters relates to the smaller lots in the R-1 and
R-2 zones, and the use is still permitted in the R-E zone which is applied to
residential lots one-half acre or larger in size.
Commissioner Grasser suggested that this ordinance should exclude lots zoned
R-1 which are one-half acre in size.
Director of Planning Krempl agreed that is a possibility. He stated that the
Council 's concern appeared to be over the use of second living quarters for any
purpose in the R-1 zone and that no discussion relating to lot size had occurred
by the Council .
This being the time and place as advertised, the public hearing was opened. No
one wished to speak and the public hearing was closed.
In discussion Commission members expressed their belief that the problems
arising from detached living quarters are too minute to warrant any change in
the zoning ordinance.
MSC (Cannon/Green) (5-0) to recommend to the City Council that the proposed
ordinance not be enacted.
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