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HomeMy WebLinkAboutAgenda Statements 1979/ 08/7 item 29 CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item No 29 8/7/79 For meeting of —� Public hearing - Consideration of amendment to Municipal Code relating to dwelling groups ITEM TITLE Ordinance/1,1e- Amending Section 19.58.130 of the Municipal Code relating to dwelling groups SECOND READING 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 Commission adopted the Negative Declaration on IS-79-50 and is herewith forwarded to City Council . B. DISCUSSION 1. Section 19.04.076 of the code defines a "dwelling group" as a "group of two or more detached buildings used for dwelling purposes located on a parcel 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 accommodate two single family dwellings, provided, of course, a conditional use permit is approved by the Planning Commission. 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 DOCUMENT: AttachedL Submitted on FINANCIAL IMPACT STAFF RECOMMENDATION Concur with Planning Commission recommendation BOARD/COMMISSION RECOMMENDATION On June 27, 1979 the Planning Commission voted 6-0 (with one member absent) to recommend adoption of an amendment to Section 19.58.130 of the Municipal Code in accordance .with Resolution PCA-79-9. COUNCIL ACTION P.. ctel dot. Cm7 :7 • by the tt " ouncii of ra LLt1 hu 1,•lo-ice 1 . ..... . t ..,. �, i A 777 5/77) AGENDA ITEM NO 29 For Meeting of 4244;9 8/7/79 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 type 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 possible to interpret the "aggregate of the minimum lot area for the individual dwelling in the group" 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 Commission's resolution sets forth the dwelling group regulations as recommended by the Planning Commission. Also enclosed in Council packets is Exhibit "B" which shows the existing regulation so that Council can be aware of the nature of the change. NEGATIVE DECLARATION PROJECT TITLE: Zoning Text Amendment relating to standards for dwelling groups Project Location: Not site specific Project Proponent: City of Chula Vista CASE NO. IS-79-50 DATE: April 4, 1979 A. Project Proposal The following 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 dwelling groups. Chapter 19.24 R-1 - SINGLE FAMILY RESIDENCE ZONE Section 19.22.020 Permitted Uses. Add new paragraph B to read as follows.: B. Dwelling groups subjctt 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. " IS-79-50 page 2 Chapter 19.26 R-2 - ONE AND TWO FAMILY 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 two 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 19.26.160 Distance between dwellings. 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 Dwelling groups. A dwelling 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. IS-79-50 page 3 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 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 sq. 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 snail be a minimum of 22 feet from the access roadway. Side yard - Not less than that required by the underlying zone. Rear yard - Not -less than that required by the underlying zone upon initial construction. L. In addition to the setbacks established in this section, the minimum separation between dwellings shall not be less than the combined total of the yards required by the underlying zone, except where 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. IS-79-50 page 4 0. The types of dwelling 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 which could interact to create a substantial cumulative effect on the environment. 4. No significant increase in vehicle traffic nor related noise or emissions are expected to result from project implementation. D. Consultation 1 . Individual and Organizations. City 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, Zoning - Chula Vista Municipal Code The Initial Study Application and evaluation forms documenting the findings of no significant impact are on file and available for public review at the Chula Vista Planning Dept. , 276 4th Ave. , Chula Vista, CA. cA(/ 16i;?-;f-2--e-t/7 ENVIRONM • TAL REVIEW COORDINATOR EN 3 (rt.v. 5 /77) RESOLUTION NO. PCA-79-9 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO SECTION 19.58.130 RELATING TO DWELLING GROUPS WHEREAS, Ordinance No. 1356, adopted by the City Council on August 10, 1971 , added provisions to the Municipal Code governing dwelling groups, and WHEREAS, the City 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 WHEREAS, a hearing was held at said time and place, namely 7:00 p.m. , April 25, May 9 and June 27, 1979, in the Council Chamber, before the Planning Commission 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 Municipal Code will not have a significant impact upon the environment, and adopted the Negative Declaration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1 . From facts presented to the Planning Commission, the Commission finds that public necessity, convenience, general welfare and good zoning practice require the enactment of an amendment to Section 19.58.130 as set forth on Exhibit A attached hereto and made a part hereof. 2. The Planning Commission 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: Commissioners Pressutti , Stevenson, O'Neill , G. Johnson, Smith and Williams NOES: None ABSENT: Commissioner R. Johnson 41-t• -.441 C . irman ATTEST: Secretary Exhibit A 19.58.130 Dwelling groups A dwelling 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 or any other means approved by the City Engineer. C. All onsite utilities shall be undergrounded. D. No garage 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 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 onsite 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 square 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 roadway and from any setback line set forth in this section. Any garage facing the access roadway shall be a minimum of 22 feet from the access roadway. Side yard - Not less than that required by the underlying zone. Rear yard - Not less than that required by the underlying zone upon initial construction. Exhibit A Page 2 L. In addition to the setbacks established in this section, the minimum separation between dwellings shall not be less than the combined total of the yards required by the underlying zone, except where 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 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 fifteen feet wide for not more than four rear dwelling units or not less than eighteen feet wide for five or more rear dwelling units, providing vehicular access from a public street; E. Every dwelling in the dwelling group shall be within sixty feet of an access roadway or • drive; F. Except as modified in this section, such dwelling group shall conform to all the requirements of this title for the zone in which it is to be located. (Ord. 1356 § 1 (part), 1971: Ord. 1212 § I (part), 1969: prior code § 33901(B)(12).) 19.58.130 Dwelling groups. A zoning permit, for the erection of a dwelling group, may be issued subject to site plan and architectural approval, provided such dwelling group conforms to all the following conditions and requirements: A. The area of the lot on which the dwelling group is to be erected shall be at least equal to the aggregate of the minimum lot areas otherwise required for the individual dwelling in the group; B. Each dwelling in the group shall front either on a street or other permanent open space, of at least fifty feet in every dimension; C. The distance between principal buildings shall be not less than the aggregate side yards required for principal buildings 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 than required for a principal building in the zone in which located; D. An access roadway or drive shall be provided, ,having a right-of-way at least 600