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HomeMy WebLinkAboutPlanning Comm Reports/1983/05/25 AGENDA City Planning Commission Chula Vista, California Wednesday, May 25, 1983 - 5:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER APPROVAL OF MINUTES - Meetingsof April 27, 1983 and April 13, 1983 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Consideration of tentative subdivision map for 41Hadison Avenue, Chula Vista Tract 83-1 - Wesley Francis and Marie Sackett 2. PUBLIC HEARING: Consideration of proposed amendments to Title 19 of the Municipal Code to allow accessory dwelling units by conditional use permit within single family residential zones DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Regular Business Meeting of June 8, 1983 at 7:00 p.m. in the Council Chambers. To: City Planning Commission From: Bud Gray, Director of Planning Subject: Staff report on agenda items for Planning Commission Meeting of May 25, 1983 1. PUBLIC HEARING: Consideration of tentative subdivision map for Fort~-One Madison Chula Vista Tract 83-1 - Wesley Francis and Marie Sackett A. BACKGROUND 1. The applicant has submitted a tentative subdivision map known as Forty-One Madison, Chula Vista Tract 83-1 in order to convert an existing five unit apartment complex into a one lot condominium project at 41 Madison Avenue in the R-3 zone. B. RECOMMENDATION Based on the findings contained in Section "D" of this report, adopt a motion recommending that the City Council approve the tentative subdivision map for Forty-One Madison, Chula Vista Tract 83-1 C. DISCUSSION 1. Adjacent zoning and land use. North R-3 Single family detached dwellings (2) South R-3 Single family detached dwelling East C-T Commercial West R-3 Apartments and single family dwellings 2. Existing site characteristics. The subject property is a 9947 sQ. ft. parcel (54" x 183') located on the east side of Madison Avenue between Seavale and Chula Vista Streets. The site is developed with a two-story five-unit apartment project constructed in early 1979. All of the units .have two bedrooms. The required parking (9 spaces) is located in front of the building with the access driveway located at the northerly frontage. The development was originally approved hy the Design Review Committee in lg78. In 1982, the applicant submitted revised drawings adding the required condominium storage. The revised plan was also approved by the Design Review Committee. The project currently complies with all of the requirements for a condominium project pertaining to storage, private open space and parking. City Planning Commission Page 2 Agenda Items for Meeting of May 25, 1983 3. Code requirements. The project is subject to, but not limited to, the following Code requirements: a. The developer shall pay the Park Acquisition and Development fee of $250.00 per unit (5 x $250 : ~1250.00) prior to approval of the final map. b. The developer shall pay the difference in the Residential Construction Tax between apartments and condominiums of ~125.00 per unit (5 x $125.00 : $625.00). NOTE: $1375 has been paid for and apartment construction, whereas $2000 is required for the 5 condominium units. c. The developer shall pay Traffic Signal Participation fees in accordance with City Council Policy prior to issuance of building permits. d. The developer shall include in the CC&R's for the subdivision, provisions for maintenance of the private driveway, sewer facilities and parking areas. e. The developer shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. f. The developer must comply with the school districts requirements prior to the approval of the final map. D. FINDINGS Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Forty-One Madison, Chula Vista Tract 83-1, is found to be in conformance with the various elements of the City's General Plan based on the following: 1. The site is physically suitable for the residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements -- streets, sewers, etc. -- which have been designed to avoid any serious problems. City Planning Commission Page 3 Agenda Items for Meeting of May 25, 1983 3. The project is in substantial conformance with the Chula Vista General Plan Elements as follows: a. Land Use - The conversion of apartments into condominiums does not affect the Land Use element. b. Circulation - The project is served by existing streets. c. Housing - The conversion will not result in the reduction of the City's housing stock and will provide additional opportunity for home ownership. d. Conservation - The subject property has been previously developed. e. Park and Recreation, Open Space - The developer is required to pay fees in lieu of dedicating and improving parks. f. Seismic Safety - The property is not near any known earthquake faults. g. Safety - The site is well within the response time of the fire station on "F" Street. h. Noise - The units have been designed to meet the requirements of the Uniform Building Code regarding noise attenuation. i. Scenic Highway The site is not adjacent to any designated scenic routes. j. Bicycle Routes - The street is capable of accommodating bicycle traffic. k. Public Buildings - No public buildings are designated on the site. 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. WPC 0317P/OO14Z CHULA VISTA HO/V~ P,4~K MF' I SEA VALE STRE CHULA , VISTA M~ , CASSELMAN "D" STRE~ I City Planning Commission Page 4 Agenda Items for Meeting of May 25, 1983 2. PUBLIC HEARING: Proposed amendments to Title 19 of the Municipal Code to allow accessory dwellin~ units by conditional use permit within single family residential zones. A. BACKGROUND 1. Senate Bills 1160 and 1534 were enacted during the 1981-82 legislative session in order to encourage the creation of accessory (second kitchen) dwelling units in single family zones and thus expand the supply of affordable housing. Local governments are required to respond to the mandatory provisions of the legislation by July 1, 1983. 2. At their workshop session of March 16, 1983, the Planning Commission preliminarily reviewed the draft amendments and, by a 4-3 vote, recommended that the staff proposal to limit accessory unit occupancy to the elderly and the handicapped be expanded to include family members related by blood, marriage or adoption. 3. The Human Relations Commission, at their meeting of April 13, 1983, endorsed the draft amendments as proposed by staff. 4. The Commission on Aging, at their meeting of April 27, 1983, recommended that consideration be given to: individuals 55 years of age or older; widows/widowers under age 55; and, those with extraordinary financial circumstances. B. RECOMMENDATION Adopt a resolution recommending that the City Council adopt the proposed accessory dwelling unit amendments contained in Exhibit B of this report. (Exhibit C contains an alternative to the staff recommendation which would permit family members related by blood, marriage or adoption to occupy accessory dwelling units). C. DISCUSSION 1. The attached report contains the Planning Department's evaluation of the provisions of the proposed accessory dwelling unit amendment to the zoning regulations of the Chula Vista Municipal Code. These provisions were synthesized with the active participation of several of the City's departments. 2. It is staff's conclusion that the proposed amendments would be consistent with the requirements of State legislation, and would be compatible with the legislation's primary objective to foster affordable housing through the more-complete utilization of local single-family dwelling districts. This primary objective is consistent with the goals, objectives and action program of the Chula Vista Housing Element. City Planning Commission Page 5 Agenda Items for Meeting of May 25, 1983 3. The following paragraphs discuss the Planning Commission's earlier recommendation that accessory unit occupancy include family members related by blood, marriage or adoption. The full text of the report on accessory units is attached hereto as Exhibit A. The option of allowing younger family members as well as the elderly and the handicapped to occupy an accessory unit was considered at length during the development of the ordinance, but was rejected by staff based upon the following reasons: a. Regardless of family relationship, younger people tend to generate more noise and traffic and create a greater demand for parking than do the elderly and the handicapped, and thus are more likely to represent a disruptive influence as accessory unit occupants. Furthermore, if an additional off-street parking space were required in order to partially address the problem of younger tenants, then either front yards would be paved over for parking, or the establishment of accessory units would be limited to those relatively few single family lots which can provide vehicular access to the rear yard. b. The real or anticipated negative impacts of younger tenants are likely to result in greater resistance to the program from neighboring property owners, whose initial and continued support, or at least lack of opposition, will be absolutely vital to the success of the ordinance. c. Perhaps most importantly, a recent court decision striking-down Chula Vista's distinction between families composed of related individuals and households composed of unrelated individuals would render the use of this distinction in the present case legally invalid, according to the City Attorney. Even if State law sanctioned a distinction between families and unrelated individuals, from the standpoint of practicality it would be impossible to determine family relationships without inspecting birth and/or marriage certificates. Although it is recognized that accessory units may have significant value in addressing the housing needs of a young married couple or a divorced mother and teenage child, for example, it has been our s.trong conviction that if an accessory unit ordinance cannot be constructed in a manner which protects to the maximum feasible extent the character and integrity of the single family zone, then the City should reject the concept altogether. As a result, we continue to recommend that accessory unit occupancy be limited to the elderly and the handicapped only. Should the Commission wish to reaffirm its earlier recommendation, however, Exhibit C contains an alternate definition which includes family members related by blood, marriage or adoption. If this option is chosen, it is recommended that the requirement for an additional off-street parking space also be recommended for inclusion in the ordinance. The space could be allowed to be located on any portion of the lot, or could be restricted to the side and/or rear yard only. WPC 0331P Page 6 EXHIBIT A REPORT: DRAFT ACCESSORY UNIT ORDINANCE I. INTRODUCTION The proposed ordinance responds to an emerging approach to affordable housing development for elderly and handicapped and to recent legislation promoting that approach. The ordinance creates an opportunity for the construction on a limited basis of second dwelling units on single family properties within the R-1 zone. Such dwelling units would provide complete, independent living facilities (including kitchen and bathroom) on the same parcel as the primary single-family unit. The units could be second unit conversions within the confines of an existing home, additions to the primary dwelling, or completely detached units. The preservation of the essential character of single-family neighborhoods has been safeguarded with appropriate restrictions. It is anticipated that the result will be an increase in the supply of affordable rental housing for elderly and handicapped and the maintenance of the residential quality of Chula Vista neighborhoods. II. BACKGROUND Two State Senate bills were passed in the 1981-82 Legislative Session which address the creation of accessory dwelling units in single-family zones in order to expand the supply of affordable rental housing. Senate Bill ll60, which is permissive legislation, was designed to encourage the development of accessory units for the elderly. It permits local governments to issue a variance or conditional use permit for a second unit in a single-family zone if the unit is intended for no more than two adults, 60-years of age or older, and the unit contains no more than 640 square feet of floor space. This legislation is suggestive of the Australian "Granny Flats Program" which allows small portable cottages on single-family properties to house elderly relatives of the main household family. Although SB ll60 is purposely less restrictive than this, the bill does not preclude local jurisdictions from applying further standards, such as the Australian program's requirement of familial relationship by second unit occupants. Senate Bill 1534, on the other hand, is mandatory legislation which is potentially less restrictive than SB 1160. This bill requires local governments to address the accessory unit issue in one of three ways. The first way is by the adoption of an ordinance to allow by right or by conditional use permit for the creation of accessory units in single-family and multi-family zones. This alternative allows broad local discretion to designate areas and develop criteria and standards deemed appropriate for second unit housing. Page 7 The second way is by the adoption of an ordinance which totally precludes accessory units in single-family and multi-family zones. Since the use of this alternative is discouraged, the resulting ordinance is required to contain findings which acknowledge that such action may limit housing opportunities within the region, and which cite the specific adverse impacts on the public health, safety, and welfare which would justify adopting such an ordinance. Thirdly, if a jurisdiction does not respond with one of the two ordinances noted above by July l, 1983, that jurisdiction would be required to grant a conditional use permit for an accessory unit in a single or multi-family zone on any application which complied with criteria spelled out in the bill. These criteria provide that the second unit must be contained primarily within, and require no more than a 10% expansion of, the living area of an existing single-family detached dwelling; that the unit not be intended for sale but may be rented; and that any construction comply with local zoning and building codes. At its discretion, a locality may also require that the applicant be an owner occupant. Therefore, under SB 1534, a community may elect to either regulate accessory units according to local criteria and standards or according to State-prescribed criteria, or it may elect to preclude them altogether. The proposed ordinance responds to the first option, taking advantage of the opportunity to apply local criteria and standards to the application of this legislation in the City of Chula Vista. III. IMPLICATIONS In addition to responding to the State legislation, the proposed ordinance offers the opportunity to partially implement the Action Program of the Housing Element by increasing the availability and affordability of elderly and handicapped housing in a manner consistent with the residential order and amenity of the City. The ordinance would also serve certain unique social needs of the elderly and the handicapped. Housing Availability: 1. The vacancy factor for rental units in Chula Vista is approximately 4.7 %, according to the 1980 census. Making single-family properties usable for accessory unit construction for elderly and handicapped tenants under the ordinance would increase the supply of needed rental stock. 2. If accessory units were developed under the ordinance by elderly or handicapped owners of under-utilized single-family homes for their own occupancy, those single-family homes could be made available on the rental market to families who would more fully utilize them. -2- Page 8 3. The elderly and the handicapped can also benefit from special design features which can be incorporated within an accessory unit, but which are not generally available in the housing market. Housing Affordabilit~: 1. In addition to the downward influence on rental rates effected hy an increased supply of rental units, these rental units could be rented for less because they could be built for less. The State Housing and Community Development Department estimates that the removal of land cost and infrastructure cost from the total development cost of accessory units saves between 25% to 40% over the cost of new construction on unimproved land. 2. The rental income generated by an accessory unit can allow homebuyers to Qualify for mortgages under existing underwriting standards. That rental income can assist homeowners with declining incomes to maintain mortgage payments. 3. Accessory units created under the ordinance would be affordable units which do not require public subsidy. Social Aspects: Accessory units would place elderly and handicapped renters in proximity to the occupants of the main dwelling. That proximity would reduce the sense of isolation and fear experienced by many elderly or handicapped living in multi-family rental properties or board-and-care homes. It would foster at the same time a sense of companionship and a feeling of some independence and can be especially beneficial for elderly or handicapped family members wishing to be somewhat independent of their families while remaining in the family's sphere of influence. IV. PROVISIONS OF THE DRAFT ORDINANCE The following provisions of the draft ordinance offer what we believe to be a reasonable opportunity for the creation of accessory dwelling units to meet a specific housing need, while at the same time, affording the maximum feasible degree of protection to the character and integrity of the single family zone. Please refer to Exhibit B for the full text of the ordinance. 1. Occupanc~ restricted to the elderlx and the handicapped. Limiting occupancy to the elderly and the handicapped not only narrows the focus of the ordinance to a pressing housing need which can uniquely benefit from the accessory unit concept, but these groups would also tend to be more compatible and acceptable as second unit occupants within the single family zone. -3- Page 9 2. Occupanc~ restricted to no more than two persons. 3. Unit not to exceed 640 square feet or contain more than one bedroom. 4. No accessory unit on same parcel with guest living Quarters. These provisions are designed to limit the potential for overcrowding and to insure that an accessory unit remain clearly subordinate to the primary single family use of the parcel. The unit size and bedroom restrictions will reinforce the two person occupancy limitation, while the restriction on guest living Quarters will avoid the possibility of creating three dwelling units on one parcel. 5. Accessory unit to compl~ with all height, bulk and area regulations of the underlying zone. 6. Basic single family appearance and character of property to be maintained. These provisions would require that parcels containing accessory units abide by the same lot coverage, setback and height restrictions which currently apply within the single family zone, and, further, would prohibit the existence of a second front entrance or other street-side modification which would signal the presence of a second unit or otherwise alter the single family appearance of the property. 7. No accessory unit on parcel with converted garage. Although the draft ordinance would preserve current off-street parking space by prohibiting garage conversions, it would not require additional off-street parking for the accessory unit. The Planning and Community Development staffs recognize the importance of parking, but believe that the requirement for the provision of additional off-street parking on urban-size, single family dwelling lots would foster the conversion of landscaped front yards to parking stalls and the resultant erosion of the order and amenity of Chula Vista's residential neighborhoods. Notwithstanding the staff position, the Council might want to weigh the parking issue against the amenity issue before it determines the desireability of requiring or not requiring additional parking for the dwelling units in question. 8. Property owner to occupy either the primary or accessor~ unit. Requiring owner-occupancy of one of the dwellings is designed to prevent an increase in speculation or a decline in property maintenance. -4- Page 10 9. Accessory unit subject to the issuance of a conditional use permit b~ the Zonin9 Administrator. This procedure allows the City to evaluate and control the developmental aspects of each proposal individually, such as site layout, appearance, access and fire protection, and it requires findings of no adverse impact on neighboring properties based on such things as retention of privacy and adequacy of on-street parking. It also provides for notification and input from surrounding property owners, and requires that the matter be set for public hearing before the Planning Commission if objections or protests are received. 10. The accessory unit applicant and all subsequent propert~ owners thereafter shall annually certify by affidavit that the~ are abiding by the conditions and consent to periodic inspections, and shall submit evidence that a deed restriction has been recorded settin9 forth the occupancy limitations. This requirement provides a manner in which to enforce and monitor the occupancy restrictions for accessory units other than solely by complaint. The recordation requirement also provides a mechanism to notify subsequent property owners of the limitations on the use of the unit. WPC 0317X -5- Page 11 EXHIBIT B Proposed Accessory (Second Kitchen) Dwelling Unit Amendments to Title 19 of the Chula Vista Municipal Code Title 19 ZONING Chapter 19.04 DEFINITIONS 19.04.087 Dwellin9 unit, accessory (second kitchen) "Accessory (second kitchen) dwelling unit" means a secondary, but independent living facility which is located or established on the same lot as an existing dwellin~ unit. An accessory dwelling unit may be attached, and become a part of the main building on the premises, or detached as an accessory structure, but shall not have a gross floor area in excess of 640 square feet, nor contain more than one bedroom; shall conform to the land use, height., bulk, and area regulations of the zone in which it is located or established; shall be occupied by a maximum of two adults, of which at least one person shall be a minimum of 60 years of age, or have a physical handicap, as defined by the State Health and Safety Code; and, shall not be located or established on a lot with a converted garage, or on a lot which accommodates a guest house, as d~fined in Section 19.04.106 of this chapter. The owner of the property must reside on the parcel on which the accessory unit is located or established, and upon death or foreclosure, owner-occupancy must be reestablished within a period of one year. Chapter 19.14 ADMINISTRATIVE PROCEDURES CONDITIONAL USES AND VARIANCES 19.14.030 Zoning administrator--Action authorized without public hearing. The zoning administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing. 4. For accessory (second kitchen) dwelling units, where the establishment thereof would not create a second front entrance or other street-side modification which would signal the presence of a second unit or otherwise alter the single family appearance of the property; where on-street parking space is adequate to serve the needs of second unit occupants without adversely affecting traffic flow and convenience within the neighborhood; where the privacy and residential enjoyment of adjacent properties can be reasonably insured; and, where the applicant and all subsequent property owners annually thereafter will certify by affidavit that they are abiding ~ the provisions 9overnin~ accessory units and a~ree to the City's reasonable inspection of the premises. Page 12 The zoning administrator shall not authorize the establishment of an accessory dwelling unit or its occupancy prior to the applicant's submittal of evidence that a deed restrictio% which sets forth the occupancy limitations and affidavit and inspection requirements prescribed by this title for accessory dwelling units, has been filed with the County Recorder. This deed restriction shall run with the land; inure to the benefit of the City as well as to the benefit of the other residential propert~ owners within the subdivision; and, be coterminus in tenure with the life of the accessory unit. Chapter 19.24 R-l--SINGLE-FAMILY RESIDENCE ZONE 19.24,040 Conditional uses. Site plan and architectural approval as provided in Sections 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-1 zone: F. Accessory (second kitchen) dwelling units, as defined in Section 19.04.087, and pursuant to the provisions of Sections 19.14.030 and 19.58.020 of this title. Chapter 19.22 R-E--RESIDENTIAL ESTATES ZONE 19.22.040 Conditional uses. Site plan and architectural approval as provided in Sections 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-E zone: E. Accessory (second kitchen) dwelling units~ as defined in Section 19.04.087, and pursuant to the provisions of Sections 19.14.030 and 19.58.020 of this title. CHAPTER 19.58 USES 19.58.020 Accessory buildings. E. A detached accessory (second kitchen) dwellin~ unit shall not be closer than ten feet to any structure existing or under construction on an adjacent lot. Proposed Addenda (DRAFT) WPC 0232P -2- Page 13 EXHIBIT C: ALTERNATE DEFINITION Title 19 ZONING Chapter 19.04 DEFINITIONS 19.04.087 Dwellin9 unit, accessory (second kitchen) "Accessory (second kitchen) dwellin9 unit" means a secondary, but independent livin~ facility which is located or established on the same lot as an existin~ dwellln~ unit. An accessory dwelling unit may be attached~ and become a part of the main building on the premises, or detached as an accessory structure, but shall not have a gross floor area in excess of 640 square feet~ nor contain more than one bedroom; shall conform to the land use, height, bulk, and area regulations of the zone in which it is located or established; shall be occupied by a maximum of two adults, of which at least one person shall be a minimum of 60 ~ears ot age, or related to the owner-occupant b~ blood, marriage or adoption) or have a physical handicap, as defined by the State Health and Safety Code; and, shall not be located or established on a lot with a converted garage, or on a lot which accommodates a quest house, as defined in Sectior, 19.04.106 of this chapter. The owner of the property must reside on the parcel on which the accessory unit is located or established, and upon death or foreclosure, owner-occupancy must be reestablished within a period of one year.