HomeMy WebLinkAboutAgenda Statement 1979/08/07 Item 29 Item No. 29
8/7/79 � CITY OF CHULA VISTA
COUNCIL AGENDA STATEMEyT Item No�-$�a z9
enn9
For meeting of �^^ ��^
Public hearing - Consideration of amendment to Municipal Code relating to
dwelling groups
ITEM TITLE Ordinance /87y- Amending Section 19.58.130 of the Municipal Code relating
to dwelling groups
SECOND READI�G AND ADOPTION
SUBMITTED BY Director of Plannin�
ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES_ NO_)
A. BACKGROUND
1. This item involves a proposed zoning text amendment regarding the "dwelling
group" provision of the Municipal Code (Section 19.58.130) . The amendment has been
prompted by the present ambiguity in the language of the code and difficulty in
its application.
2. On June 27, 1978 the Planning Cortonission adopted the Negative Declaration
on IS-79-50 and is herewith forwarded to City Council .
B. DISCUSSION
1. Section 19.04.076 of tlie code defines a "dwelling group" as a "group of
two or more detached buildings used for dwelling purposes located on a oarcel of
land in one ownership and having any yard or court in common."
2. "Dwelling groups" are allowed in the R-E and R-1 zones subject to approval
of a conditional use permit and are a principal permitted use in the R-2 zone.
The original intent of the "dwelling group" provision was to allow additional
dwelling units on a parcel when the additional unit would not exceed the density
' permitted in the underlying zone. For example, a 14,000 sq. ft. lot could
accoimnodate two single family dwellings, provided, of course, a conditional use
permit is approved by the Planning Cormnission.
3. The "dwelling group" provision of the code (Section 19.58.130) has been
poorly drafted. The conditions and requirements are subject to differing inter-
pretations which can lead to development which is not in accordance with the original
KGL:je EXHIBITS
Agreement_ Resolution_ Ordinance� Plat,_ Notification List_
OtherRes.PCA-79-9 ENVIRONMENTAL DOLUMENT: Attached� Submitted on
FINANCIAL IMPACT
STAFF RECOMMENDATION Concur with Planning Commission recorrunendation
BOARD/COMMISSION RECOMMENDATION
On June 27, 1979 the Planning Cormiission voted 6-0 (with one member absent) to
recamnend adoption of an amendment to Section 19.58.130 of the Municinal Code in
accordance with Resolution PCA-79-9.
COUNClL AC7ION �
; G�.P�.ce.0 a+� �•,�-- q-�� .
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��� by the Ci!y ouncil of bY th� City Cn�incil of
I � Chula Vista, California Chula Vista, C�;i�ornia
�at�� _ 7- � y- �y Dated � 7 r ��
v. 5/77)
AGENDA ITEM NO � 29
For Meeting of "'� g�7r79
Supplemental page two
intent of the provision. As an example, a 28,000 sq. ft. lot in the R-1 zone
could be developed with one detached single family home and one triplex as the
code is presently written, even though a triplex is not a permitted use in the
R-1 zone. Another example is a 21,000 sq. ft. lot in the R-2 zone. Since
"dwelling groups" are a permitted use in the R-2 zone, an individual may apply
for a building permit to construct a single family dwelling and a 5 unit apart-
ment structure on the property, and if the development meets the requirements
of the code the building permit would be issued. These hypothetical situations
do not meet the intent of the "dwelling group" provision which was to allow a
clustering of units within a zone, provided those units are of the ty�e permitted
in the zone; i .e. detached single family in the R-1 zone and duplex in the R-2 zone.
4. It is also oossible to interpret the "aggregate of the minimum lot
area for the individual dwelling in the 9roup" to mean that in the case of the R-2
zone, one unit would be permitted for each 3500 sq. ft. of lot area. This
interpretation could result in three dwelling units on a 10,500 sq. ft. lot. This,
too, does not meet the original intent.
5. Other difficulties related to interpretation make it imperative to amend
the section by clearly stating the conditions and requirements and under what
circumstances a "dwelling group" may be developed.
6. Exhibit "A" attached to the Planning Comnission's resolution sets forth
the dwelling group regulations as reco«mended by the Planning Cortmission. Also
enclosed in Council packets is Exhibit "B" a�hich shows the existing regulation so
that Council can be aware of the nature of the change.
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MECAT�@�E DECLARATBON ,
PROJLCT TITLE: Zoning Text Amendment relating to standards for dwelling groups
Project Location : Not site specific
Project Proponent : City of Chula Vista
CASL•: NO. IS-79-50 DATE: April 4, 1979
p. Project Proposal , �
The foalowing are proposed zoning text amendments regarding the "dwelling group"
provision of the R-E, R-1 and R-2 zones within the Chula Vista Municipal Code
(Section 19.58.130). These amendments were prompted by the ambiguity in the
language of the Code and difficulty in its application.
Chapter 19.22 R-E - RESIDENTIAL ESTATE ZONES
Section 19.22.020 Permitted Uses.
Add new paragraph C to read as follows:
C. Dwelling groups subject to the provisions of Section 19.58.130 of this title.
Section 19.22.040 Conditional Uses.
Amend by deleting paragraph for dwellina groups. �
Ch�apter 19.24 R-1 - SINGLE FAMILY RESIDENCE ZONE
Section 19.22.020 Permitt2d Uses.
Add new paragraph B to read as follows :
B. Dwelling groups subj¢t to the provisions of Section 19.58.130 of this title.
Section 19.22.040 Conditional Uses.
Amend by deleting paragraph A for dwelling groups and relettering paragraphs
B and C to A and B.
Section 19.24.120 Setbacks - Rear yards - Exceptions permitted when.
Amend this section by adding a new sentence at the end of the paragraph to read
as follows:
"This provision shall `not apply to initial construction on the site. "
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IS-79-50 � page 2
Chapter 19.26 R-2 - ONE AP�D TWO FAPiILY RESIDENCE ZONE
, Section 19.26.020 Permitted uses.
Amend this section to read as follows:
"The following are the principal permitted uses in an R-2 zone:
A. One or two single family dwellings on any lot;
B. One duplex or tvio family dwelling on any lot;
C. Attached single-family dwelling units;
D. Dwelling groups subject to the provisions of Section 19.58.130 of this
title; ..
E. Other accessory uses and accessory building customarily appurtenant to a
permitted use, subject to the requirements of Section 19.58.020;
F. Agricultural uses as provided in Section 19.16.030.
Section 19.26. 110 Floor area per unit - Minimum - Regulatory provisions
Amend this section by deleting the last sentence which reads as follows:
"The minimum floor area for a single family residence in the R-2 zone shall
be the same as in the R-1 zone. "
Add new Section 19.26.160 to read as follows:
Section T9.26. 160 Distance between d:.ellings.
The minimum distance between detached single family dwellings shall be ten feet
(10' ) except when the dwelling group provision is used as provided in Section
19.58.130 of this title.
Proposed zoning text amendment for dwelling groups:
19.58.130 D�•ielling groups.
A d4ielling group as defined in Section 19.04.076 of this title may be permitted
provided that all of the following conditions and requirements are met:
A. The area of the lot devoted to each structure used for dwelling purposes
shall be equal to the minimum lot size of the underlying zone exclusive of
the access road and guest parking areas.
B. Each dwelling shall be connected to a gravity sewer.
C. All on-site utilities shall be undergrounded.
D. No garage conversions shall be permitted.
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IS-79-50 page 3
E. All roadways , driveways and 9uest parking areas shall be paved with a
minimum 5 inches of portland concrete canent.
F. The minimum width of an access roadway serving one dwelling structure
shall be 15 feet and 20 feet for two or more structures.
G. Guest parking shall be provided for those dwellings served by an access
roadway. The number of spaces shall be as follows:
1 . One dwelling structure - one space
2. Two or more dwelling structures - one and one-half space per
dwelling structure.
H. An on-site fire hydrant may be required by the Fire Department when it is
� deemed necessary.
I. If the property is graded to create a building pad for each dwelling
structure, the minimum level pad area (no slope over 5%) of each pad
shall be not less than 80% of the minimum lot size required for said
dwelling, but in no case shall the minimum level area be less than
5000 sG. ft.
J. Development proposed on existing natural topography having an average
natural slope of 10% or greater, and with less than 10% of the site to
be graded shall be subject to the approval of the Director of Planning,
who shall consider whether such development will adversely affect
adjacent properties or development.
K. The following yards shall be based upon the front orientation of the
structures:
Front yard - 15 feet from the access roadway and from any setback line
set forth in this section. Any garage facing the access roadway shail
be a minimum of 22 feet from the access roadway.
Side yard - Not less than that required by the underlying zone.
Rear yard - t�ot less than that. required by the underlying zone upon
initial construction.
L. In addition to the setbacks establishe� in this section, the minimum
separation between dwellings shall not be less than the combined total
of the yards required by the underlying zone, exceot o-,here the dwellings
face"each other, in which case an additional 20 feet shall be provided
between dwellings.
M. All development permitted under this provision shall be subject to the
regulations and requirements of this title except as otherwise regulated
in this section.
N. The development shall be subject to architectural approval of the Director
of Planning.
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IS=79-50 page 4
0. The types of dwellino structures permitted under this provision shall be
limited to those listed under the permitted uses of the underlying zone.
B. Compatibility with Zoning and Plans.
The project proposed is consistent with the Chula Vista Zoning Ordinance and is not
at variance with the General Plan or associated elements.
C. Findings of Insignificant Impact
1 . The project is not site specific, therefore will not adversely affect any
natural or manmade resources.
2. The proposed amendments are not at variance with the General Plan or asso-
ciated•elements nor will the project achieve short term to the disadvantage of long
term environmental goals.
3. The project is not anticipated to result in any adverse impacts hhich could
interact to create a substantial cumulative effect on the environment.
4. No significant increase in vehicle traffic nor related noise or emissiors
are expected to result from project implementation.
D. Consultation
1 . Individual and Crganizations.
Lity of Chula Vista D. J. Peterson, Director of Planning
Bill Ullrich, Associate Engineer
Peggy Donovan, Environmental Control Commissioner
Gene Grady, Director of Building and Housing
2. Documents.
Title 19, Zo��ing - Chula Vista Plunicipal Code
The Initial Study Application and evaluation forms documenting the
findinqs of no significant impact are on file and available for public
review at the Chula Vista Planning Dept . , 276 4th 11ve . , Chula Vista , CA.
/ �Y.k���"c'y/
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ENVIRONL7 .� TAL REVIE4] COORDINATOR
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i:;: 3 (r�:v. 5 �77 )
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RESOLUTION t�0. PCA-79-9
RESOLUTION OF THE CITY PLANNING COh4�lISSION RECOMMENDING TO
� THE CITY COUNCIL THE ADOPTION OF AN AMEND��ENT TO SECTIOP� 19.58.130
RELATI�,G TO D4lELLING GROUPS �
WHEREAS, Ordinance No. 1356, adopted by the City Council on August 10, .1971 ,
added provisions to the htunicipal Code governing dwelling groups, and
WHEREAS, the Cit,y Planning Commission set the time and place for a •
- hearing to consider an amendment to the section pertaining to dwelling groups
to clarify the language and establish standards for dwelling groups, and
41HEREAS, a hearing was held at said time and place, namely 7:00 p.m. ,
April 25, hlay 9 and June 27, 1979, in the Council, Chamber, before the Planning
� Cortunission and the hearing was thereafter closed, and
WHEREAS, the Planning Commission found that in accordance with the_ findings
in the Negative Declaration on IS-79-50, the proposed amendment to the Fiunicipal
� ' � Code will. not have a significant impact upon the environment, and adopted tFie
Negative Declaration. �
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1 . From facts presented to the Planning Commission, the Corrunission finds
that_public necessity, convenience, general v�elfare and good zoning practice .
require the enactment of.an amendment to Section 19.58.130 as set forth on Exhibit N
attached hereto and made a part hereof. ..
2. The Planning Cortunission. recommends to the City Council that said amend- •
ment be adopted. �
3. That this resolution• be..transmitted to the City Council .
PASSED AND.APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA. .
this 27th day of June, 1979 by the following vote,, to-wit:
AYES: Co�mnissioners Pressutti , Stevenson, 0'Neill ,- G. Johnson, Smith and
4Ji 11 iams
NOES: None
ABSENT: Commissioner. R. Johnson
,
, `'
" C i rman
ATTEST: , •
.��-�- ��°�-�� .
��c�� � Secretary •
l
� � Exhibit A
19.58.130 Dwelling groups
A do�elling group as defined in Section 19.04.076 of this title may be
permitted provided that all of the following conditions and requirements
are met:
A. The area of the lot devoted to each structure used for d�•�elling purposes
shall be equal to the minimum lot size of the underlying zone exclusive
of the access road and guest parking areas.
B. Each do-�elling shall be connected to a gravity sewer or any other means
approved by the City Engineer.
C. All onsite utilities shall be undergrounded.
D. No gara9e conversions shall be permitted.
E. All roadways, driveways and guest parking areas shall be paved with a
minimum 5 inches of portland concrete cement.
F. The minimum width of an access roadway serving one dwelling structure
shall be 15 feet and 20 feet for two or more structures.
G. Guest parking shall be provided for those d�•iellings served by an access
roadway. The number of spaces shall be as follows:
1 . One d�•ielling structure - one space.
2. Two or more dwelling structures - one and one-half space per
dwelling structure.
H. An onsite fire hydrant may be required by the Fire Department o-�hen it
is deemed necessary.
I. If the property is graded to create a building pad for each dwelling
structure, the minimum level pad area (no slope over 5%) of each pad
shall be not less than 80% of the minimum lot size required for said
dwelling, but in no case shatl the minimum level area be less than
5000 sGuare feet.
J. Development proposed on existing natural topography having an average
natural slope of 10% or greater, and with less than 10% of the site to
be graded shall be subject to the approval of the Director of Planning,
who shall consider whether such development will adversely affect
adjacent properties or development.
K. The following yards shall be based upon the front orientation of the
structures:
Front yard - 15 feet from the access road�aay and from any setback line
set forth in this section. Any aarage facing the access roadway shall
be a minimum of 22 feet from the access roadway.
Side yard - ��ot less than that required by the underlying zone.
Rear yard - Not less than that required by the underlying zone upon
initial construction.
' 1 I
Exhibit A �
Page 2
L. In addition to the setbacks established in this section, the minimum
separation bet�•ieen dwellings shall not be less than the canbined total
of the yards required by the underlying zone, except where
the d�aellings face each other, in which case an additional 20 feet
shall be provided between dwellings.
�1. All development permitted under this provision shall be subject to
the requlations and requirements of this title except as otherwise
regulated in this section. .
N. The development shall be subject to site plan and architectural approval
of the Director of Planning.
0. The types of dwelling structures permitted under this provision shall be
limited to those listed under the permitted uses of the underlying zone.
, . � Exhibit B
. . USES
fi(tccn fcct widc (or nol morc than four rcar y •
dwclling units or nol Icss than cightcen fcct
widc for fivc or morc rcar dwclling units,
providing vchicular acccss (rom a public
strccl;
G Bvcry dwclling in Ihc cl�vclling group sh�ll bc
within siaty fect of an acccss roadway or
drivc;
F. Exccpt as modificd in this scction, such
dwclling group shall con(orm to all thc
rcquircments of this tiUe tor the zone in
which it is to bc locatcd.
(Ord. 1356 § 1 (part), 1971: Ord. 1212 § I
(part), 1969: priorcodc § 33901(I3)(12)J
19.58.130 Da�elling groups.
A zonin� pertnit, for the ercction of a
dwelling eroup, may be issued subject to site
plan and arcliitectural approval, provided such
dwelling group conforms to all the following
conditions and requirements:
A. The area of the lot on which the dwelfing
goup is to be erected shall be at least equal
to the a�eregate of the minimum lot areas
othenvise required for the individual
dwelling in the group;
B. Each dwelling in the group shall front either
on a street or other pectnanent open space,
of at least (ifty feet in every dimension;
C. The distance between principal buildings
shall be not less than the aggregate side yards
requircd for principal buildin�s on adjoining
lots in the zone in which the group is
located. The distances between principal
building and the nearest lot line shall not be
less tlian required for a principal building in
Ihe zone in which located;
D. M access roadway or drive shall be
provided, ,having a riaht-o(-way at least ,
600