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HomeMy WebLinkAboutAgenda Statement 1989/06/06 Item 9 COUNCIL AGENDA STATEMENT Item Meeting Date: 5,2.3- 9 G I ls, /J ITEM TITLE : Public Hearing: PCA-89-5; Consideration of an amendment to the Municipal Code to allow R-1-7 lots which measure less than sixty feet in width to maintain side yard setbacks of five feet - City initiated Ordinance ( Enacting PCA-89-5 SUBMITTED BY: Director of Planning Cl* REVIEWED BY: City Manager 9 : ( (4/5ths Vote: Yes No X ) The proposed amendment would allow R-1-7 lots which are less than 60 feet in width at the front setback to maintain side yard setbacks of 5 ft. & 5 ft. rather than 3 ft. & 10 ft. as presently required. The Environmental Review Coordinator conducted an Initial Study, IS-89-62, of potential environmental impacts associated with the implemented of the project. Based on the attached Initial Study and comments thereon, if any, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-89-62. RECOMMENDATION: That Council concur with the recommendations of the Montgomery Planning Committee and City Planning Commission. BOARDS/COMMISSIONS RECOMMENDATION: Both the Montgomery Planning Commi ttee (April 5, 1989) and the Planning Commission (April 12, 1989) voted 7-0 to recommend that Council enact the amendment as shown on Exhibit A attached hereto. DISCUSSION: The impetus for this amendment is the pending reclassification of single family areas within the Montgomery Community from County RS7 to City R-1-7 zoning. The RS7 zone provides for side yard setbacks of 5 ft. on each side, whereas the R-1-7 zone provides for side yards of 3 ft. on one side and 10 ft. on the other side. Consequently, the reclassification would render many of the lots within Montgomery nonconforming with regard to established side yards. Additions to dwellings would either have to conform with setbacks different from the dwelling itself, or property owners would have to seek approval of a zone variance. The problem is not unique to Montgomery. The R-1-7 standards were changed from 5' /5' to 3710' in 1969. The purpose of the change was to establish at Page 2, Item 17 Meeting Date 5/23/89 least one generous side yard which, among other benefits, would provide for vehicle access to the rear yard once provided by alleys. As a result, there are many dwellings constructed in the City prior to 1969 which do not conform with the present standard. The primary distinction is that the vast majority of R-1-7 lots are 60 ft. or more in width, whereas many RS7 lots are less than 60 ft. wide, and some RS7 neighborhoods consist entirely of 50 ft.-wide lots. The intent of the amendment is not to address all nonconforming sideyards, but only those which involve narrower lots of less than 60 ft. wide. Many of the pre-1969 R-1-7 lots, and many of the wider RS7 lots, are developed with dwellings which are consistent with the 3710' standard, and we believe these should be maintained. For wider lots with dwellings which do not conform, the administrative variance procedure is available to recognize the existing condition with respect to dwelling additions and modifications without disturbing the basic, underlying 3710' standard. The modification of the standard for lots of less than 60 ft. wide, however, is something we believe should be recognized in the Code rather than addressed individually via the variance procedure. As the width of a lot decreases below 60 ft. , the total difference of 3 ft. between setbacks of 3'/10' (13 ft. total ) versus 5' /5' (10 ft. total ) becomes more of a constraint to development. This is already recognized in the Code for the R-1-5 zone, which allows for lots between 50-59 ft. wide with setbacks of 5' /5' . The difference of 5 ft. on one side (10 ft. versus 5 ft. ) can represent an even greater hardship in terms of expanding a nonconforming dwelling in a manner consistent with an existing floor plan. Also, the amendment would apply almost exclusively to developed lots constructed with less than a 10 ft. side yard and thus with no ability to gain vehicle access to the rear yard, which is the primary purpose of the 3' /10' requirement. Because the nonconforming condition will become much more common with the zoning reclassifications within Montgomery, more variance requests will result without an ordinance amendment. With regard to such common conditions, the Code provides that "no grant of a variance shall be authorized if the Zoning Administrator finds that the conditions or situations of the specific piece of property is so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation." The amendment represents the general regulation to address what will be a recurring condition. FISCAL IMPACT : Not applicable. WPC 6228P ( tm owd_ �,, �/ by the City Council of J-0:"2.6 Weadl/}t/ Chula Vista, California by the City Council 'of Chula Vista, California I Dated Dated 5—02.3-�� COUNCIL AGENDA STATEMENT 10 Item - Meeting Date 5/-23-/-61 6 ! (0 IN ITEM TITLE : PCM-89-14 - City-initiated proposal to rezone certain territory, generally bounded by Arizona Street, Naples Street, Industrial Boul evard, and Broadway, from its Ci ty-adopted "County-Zoning" classifications to the "City" classifications utilized throughout Chula Vista. The proposed specific rezonings , and their precise territorial limits are depicted on attached Exhibit A The proposed rezonings are confined to the Harborside subcommunity of Montgomery, and are governed by the Montgomery Specific Plan, adopted by the Chula Vista City Council on January 12, 1988, under Resolution No. 13413, and on September 13 , 1988, under Resolution No. 13780 Ordinance g-3I Adopting rezoning for Harborside "A" SUBMITTED BY: Director of Planning (4 ■ REVIEWED BY: City Manager p l (4/5ths Vote: Yes No X ) This proposal involves the rezoning of the Harborside "A" Subcommunity of the Montgomery Specific Plan. The area is generally bounded by Arizona Street to the north, Naples Street to the south, Industrial Boulevard to the west, and Broadway to the east. Specifically, this request will convert the existing City-adopted County zoning to the City zoning classifications. Those are as fol 1 ows: North of Moss (please refer to Exhibit "A") M54 to I-L-P M52 to I-L-P S86 to I-L-P RU29 to R-3 C36 to C-T-P South of Moss (please refer to Exhibit "A") • M54 to I-L-P • M54 to R-3-P-9 (at the northwest corner of Colorado and Naples) RS7 to R-1-7 . C34 to R-3 C34 to C-T-P . C36 to C-T-P Page 2, Item 18 Meeting Date 5/23/89 The Environmental Review Coordinator conducted an Initial Study, IS-88-4M, of potential environmental impacts associated with the Montgomery Specific Plan. Based on that attached Initial Study and comments thereon, if any, the Coordinator has concluded that this reclassification would cause no significant environmental impacts as per the previously adopted Negative Declaration issued on IS-88-44. The Montgomery Planning Committee considered PCM 89-14 at its public hearing of March 1 , 1989. The Committee unanimously approved PCM 89-14 and recommended its adoption by the City Planning Commission and City Council . RECOMMENDATION: 1 . Based on the Initial Study and comments on the Initial Study and Negative Declaration , find that this reclassification will have no significant environmental impacts re-adopt the Negative Declaration issued on IS-88-4M for the Montgomery Specific Plan. 2. Adopt a motion approving PCM 89-14 and recommend its adoption to the City Council . BOARDS/COMM ISS IONS RECOMMENDATION: Both the Montgomery Planning Committee (on March 1 , 1989) and the City Planning Commission (on April 12, 1989) have unanimously recommended approval of this item. D IS CUSS ION: Adjacent zoning and land use. North I-L Industrial South R-1 and C-C Harborside School and commercial shopping center East C-36 Commercial West I-L-P, I-P and M-H-P Industrial/Commercial/Mobile- home park Existing site characteristics. The project area is almost entirely improved with industrial , commercial and residential uses. The area north of Moss is improved with miscellaneous industrial uses, commercial uses fronting on Broadway, and a 175 dwelling unit apartment complex. The area south of Moss and west of Colorado is improved with a relatively new commercial/industrial complex and a fertilizer distribution facility at the northwest corner of Colorado and Naples. The area south of Moss between Colorado and Broadway is improved almost entirely with approximately 200 single family residences. The predominant lot size is 7500 sq. ft. Adjacent to Broadway are a variety of commercial uses. Finally, there is a 28 unit apartment complex west of Broadway and south of Moss.