HomeMy WebLinkAboutPlanning Comm Reports/1986/03/12 AGENDA
City Planning Commission
Chula Vista, California
Wednesday, March 12, 1986 - 7:00 p.m. City Council Chambers
PLEDGE OF ALLEGIANCE - SILENT PRAYER
INTRODUCTORY REMARKS
APPROVAL OF MINUTES - Meeting of February 13, 1986
ORAL COMMUNICATIONS
1. PUBLIC HEARING: Conditional Use Permit PCC-86-25: Requests
permission to modify an existing conditional
use permit by the construction of church office/
classroom space at 345 Fifth Avenue - Grace
Baptist Church
2. PUBLIC HEARING: PCA-86-3: Consideration of amendment to Title 19 of the
Chula Vista Municipal Code prohibiting construction
of guest houses in the R-1 and R-2 zone and
requiring a conditional use permit in the R-E zone
DIRECTOR'S REPORT
COMMISSION COMMENTS
ADJOURNMENT AT to the Study Session Meeting of March 19, 1986
at 5:00 p.m. in Conference Rooms 2 & 3
To: City Planning Commission
From: George Krempl, Director of Planning
Subject: Staff Report on Agenda Items for Planning Commission Meeting of
March 12, 1986
1. PUBLIC HEARING: Conditional Use Permit PCC-86-25; request to modify an
existing conditional use permit, C-66-7, by the
construction of church offices/classroom space at 34b
Fifth Avenue - Grace Baptist Temple
A. BACKGROUND
This item involves a request by Grace Baptist Temple to modify their
existing conditional use permit, C-66-?, by the construction of a
two-story 4,000 sq. ft. structure to be used as church offices and
classroom space at 345 Fifth Avenue in the R-3 zone.
An Initial Study, IS-86-33, of possible adverse environmental impacts of
the project was conducted by the Environmental Review Coordinator on
February 28, 1986. The Environmental Review Coordinator concluded that
there would be no significant environmental effects and recommended that
the Negative Declaration be adopted.
B. RECOMMENDATION
1. Find that this project will have no significant environmental impacts
and adopt the Negative Declaration issued on IS-86-33.
2. Based on findings contained in Section "E" of this report, adopt a
motion to approve the request, PCC-86-25, to construct a two-story,
4,000 sq. ft. structure containing church offices and adult
classrooms at 345 Fifth Avenue subject to the following conditions:
a. The structure shall be restricted for use as offices and adult
classes unless specific approval by the Planning Commission is
given. Hours of operation shall be limited from 8:00 a.m. to
8:00 p.m.
b. The project shall be submitted for review and approval of the
Design Review Committee.
c. The property owner shall make an offer to the City to dedicate
{1) an additional 2 ft. of right-of-way for Fifth Avenue and (2)
a drainage easement for the operation and maintenance of the
waterway between Fifth Avenue and the easterly property line.
Failure to comply wi th any condition of approval shall cause this permit
to be reviewed by the City for additional conditions or revocation.
City Planning Commission
Agenda Items for the Meeting of March 12, 1986 Page 2
C. DISCUSSION
Adjacent zoning and land use.
North R-3 Duplexes (3), single family dwelling and apartments (4 units)
South R-3 Apartments (4 units) and single family dwellings (2)
East R-3 Single family dwellings (3)
West R-3 Apartments (31 units) and single family dwelling
Existing site characteristics.
The subject property is a 1.19 acre "L" shaped parcel with 120 feet of
street frontage on the east side of Fifth Avenue, located 440 feet south
of "F" Street. The lot has a depth of 335 feet and increases in width to
180 feet at a distance of 150 feet from Fifth Avenue. The relatively
level site is developed with a church complex and 71 parking spaces. The
existing structures are a 2,850 sq. ft. sanctuary (seating capacity 320
persons), a 1,250 sq. ft. children's nursery and a 2,678 sq. ft. Sunday
school classroom building (which in combination serve 125 children). In
addition, there are two storage sheds and also a tempora~ office
structure located within the parking area in front of the sanctuary at the
site of the proposed addition. The church was originally approved in 1962
with expansions approved in 1966 (classrooms) and in 1971 (nursery).
The sanctuary structure is used on Sunday mornings (adult classes from
lO:O0 a.m. to ll:O0 a.m. and church services from 6:00 p.m. to 7:00 p.m.)
and Wednesday evenings (church services from 7:00 p.m. to 8:00 p.m.). The
nursery is used during these same hours and accommodates approximately 20
toddlers. The Sunday school is used on Sunday mornings with the children
arriving by bus at lO:O0 a.m. and departing at 12:00 p.m.
Proposed use.
The proposal involves the construction of a two-story, 4,000 sq. ft.
office/classroom structure attached to and directly west of the
sanctuary--the present location of the temporary office structure.
Offices would be provided at the ground floor level with classroom
facilities at the second floor and temporarily at the ground floor level.
The proposal also involves resurfacing and restriping the parking area to
accommodate 79 parking spaces and providing additional landscaping around
the perimeter of the parking area and adjacent to the new addition.
D. ANALYSIS
The proposed structure would be used to consolidate church office space
and to provide classroom space for a portion of the adult classes which
presently meet within the main sanctuary. The classroom areas would
accommodate approximately 60 adults at peak hours between lO:O0 a.m. and
ll:O0 a.m. Sunday mornings. The first floor offices would be used on a
regular basis between the hours of 9:00 a.m. and 4:30 p.m. throughout the
week.
City Planning Commission
Agenda Items for the Meeting of March 12, 1986 Page 3
The primary issue to be resolved in this case is the potential for adverse
noise impact on adjacent properties due to the proposed location of the
structure within 8 feet of the southerly property line and within lO feet
of the westerly property line. We believe adjacent properties will not be
adversely impacted by noise for the following reasons:
1. The structure will be limited to office use and occasional adult
classes--activities which are not expected to generate high levels of
noise. Church services will continue to be held within the
sanctuary, and classes for children will continue to be held at the
Sunday school.
2. The closest residential structure is a two-story apartment house
located some 22 feet to the west of the proposed structure. These
apartments are separated from the subject property by a 6 foot high
block wall, and the second story of the addition has only two small
window openings facing the apartments.
3. Two single family homes to the southeast and southwest of the
property are separated from the proposed structure by distances of 32
feet and 53 feet respectively. A 6 foot high block wall separates
these properties from the church, and both parcels contain garage
structures between the dwellings and the proposed addition.
4. The structure itself will provide additional buffering for the single
family properties from noise emanating from the parking lot and the
Sunday school facilities.
For the reasons noted above, we believe it is appropriate to recommend
approval of the request. Proposed conditions of approval would limit the
use of the classroom facilities to adults only, and subject the structure
and site improvements to Design Review Committee approval. The
Engineering Department has also indicated it is desirable to obtain an
additional 2 ft. of right-of-way for Fifth Avenue and to secure a drainage
easement for the waterway traversing the property; therefore, a condition
of approval has been added in this regard.
E. FINDINGS
1. That the proposed use at the location is necessary or desirable to
provide a service or facility which will contribute to the general well being
of the neighborhood or the community.
The addition of this office/classroom structure will allow the church
to better serve their parishioners by providing needed office space
and meeting areas on site. Granting the approval will allow the
space to function with the other existing church activities.
City Planning Commission Page 4
Agenda Items for the Meeting of March 12, 1986
2. That such use will not under the circumstances of the particular
case, be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity or injurious to property or improvements
in the vicinity.
The proposed use of the structure as conditioned along with its
location and orientation should ensure that it will not adversely
impact adjacent properties.
3. That the proposed use will comply with the regulations and
conditions specified in the code for such use,
Compliance with all applicable codes and regulations will be required
prior to the issuance of a building permit for the project.
4. That the granting of this conditional use pemit will not adversely
affect the general plan of the City or the adopted plan of any government
agency.
The General Plan designation for the property allows for the location
and expansion of church facilities.
WPC 2585P/OO15Z
STREET
negative declaration
PROJECT NAME: Grace Baptist Temple Office/Classroom Addition
PROJECT LOCATION: 345 Fifth Avenue
PROJECT APPLICANT: Grace Baptist Temple
345 Fifth Avenue
Chula Vista, CA 92010
CASE NO: IS-86-33 DATE: February 28, 1986
A. Project Setting
The project site consists of an existing church complex located at 345
Fifth Avenue. The existing complex involves a sanctuary, nursery,
classrooms, and parking for 79 cars.
Adjacent land uses consist of single-family residential to the south and a
combination of single-family residential and multiple-family residential
to the north, east and west of the site.
No geologic hazards are known to exist on or near the project site nor are
there any endangered plant or animal species existing in the project
vicinity.
B. Project Descriptio~
The project consists of the construction of a 4,000 sq. ft., two-story
classroom/office structure to be utilized between the hours of 9:00 a.m.
to 4:30 p.m., Monday through Sunday. The estimated number of adults that
would be using the facilities .during peak periods would be approximately
60.
Offices will be provided at the ground floor level with classroom
facilities at the second floor and temporarily at the ground floor levels.
C. Compatibility with Zoning and Plans
The proposed classroom/office structure will require approval of a
conditional use permit by the Planning Commission for the expansion of an
unclassified use (Chapter 19.54, Municipal Code).
D. Identification of Environmental Effects
Noise
The proposed classrooms are to be located within 8' of the south property
line and within 10' of the westerly property line. The "environmental"
noise that could result from adult classroom activities will be subject to
city of chula vista planning department (~
environmental review section
standards contained within Chapter 19.66 (Performance Standards and Noise
Control) of the Municipal Code. The maximum permitted noise levels at the
adjacent property lines will be 45 dBA to the south and 50 dBA to the
west. The proponent will be required to maintain these performance
standards during operation of this facility. Due to the enclosed nature
of this facility, noise impacts are not anticipated to significantly
impact adjacent residential properties.
E. Findings of Insignificant Impact
1. The proposed classrooms and offices are not anticipated to result in
significant environmental noise impacts which would degrade the
quality of the environment.'
2. The project will not achieve short-term benefits to the disadvantage
of long-term environmental goals.
3. The project is oriented toward the church facilities and will not
result in significant cumulative impacts on adjacent residential
areas.
4. Adherence to Municipal Code requirements will assure that substantial
adverse effects on human beings will not result.
F. Consultation
1. Individuals and Organizations
City of Chula Vista: Mando Liuag, Associate Planner
Roger Daoust, Senior Civil Engineer
Steve Griffin, Associate Planner
Duane Bazzel, Associate Planner
Gene Grady, Building and Housing Department
Carol Gore, Fire Marshal
Chuck Glass, Traffic Engineer
Applicant's Agent: Reverend Doug Cauley
2. Documents
Chapter 19.66 {Performance Standards and Noise Control), 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 Department, 276 Fourth Avenue, Chula Vista, CA 92010.
RE¥IEW COORDINATOR
WPC 2577P
EN 6 (Rev. 5/85)
city of chula vista planning department ~
environmental review section
FN 6 (Rev. 12/82)
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING
COMMISSION AND ALL OTHER OFFICIAL BODIES.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the application.
List the names of all persons having any ownership interest in the property involved.
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and Council within the past twelve months?
Yes No j~_~ If yes, please indicate person(s)
IPerson is defined as: "Any individual, firm, copartnership, joint venture, association,
~ club, fraternal organization, corporation, estate, trus~, re~i~e~,, syndi?~e,
this and any other county, city and county, city, municipality, o~strlc: or other
political subdivision, or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary.) .
Signature of applidant/date
A-110 Print or type name of applicant
City Planning Commission
Agenda Items for Meeting of March 12, 1986 Page 1
2. PUBLIC HEARING: PCA-86-3: Consideration of amendments to the "Guest
House" provisions of the zoning ordinance
A. BACKGROUND
1. On July 23, 1985, the City Council adopted an emergency ordinance
(Ordinance No. 2124) which prohibits the construction of Guest Houses
until such time the Planning Department is able to conduct a study and
report back to the Council.
2. On January 21, 1986, the City Council was presented a staff report on the
City's Guest House regulations and referred the matter to the Planning
Commission for consideration of several amendments to the zoning ordinance.
3. The proposed amendments would prohibit the construction of Guest Houses in
the R-1 (Single Family Residence) zone and the R-2 (One and Two Family
Residence) zone, and would require the issuance of a conditional use
permit for Guest Houses in the R-E (Residential Estates) zone. The
amendment also proposed that there be established a specific limitation on
the occupancy of Guest Houses for any one guest to no more than 60 days
per year.
4. The Environmental Review Coordinator has determined that the proposed
amendments are exempt from environmental review as a Class 3 (e) Exemption.
B. RECOMMENDATION
Adopt a motion recommending that the City Council enact an ordinance
amending Title 19 of the )~unicipal Code as shown in Exhibit A attached
hereto.
C. DISCUSSION
The Municipal Code defines a Guest House as "detached living quarters of a
permanent type of construction, without kitchen or cooking facilities,
clearly subordinate and incidental to the main building on the same lot,
and intended for use by occasional guests of the occupants of the main
building. A guest house shall not be separately rented, let or leased
whether compensation is direct or indirect." The Code further specifies
that a guest house shall not be located closer than l0 feet to the nearest
point of the main dwelling.
Guest houses are currently allowed by right as an accessory building in
the A (Agricultural), R-E (Residential Estate), and R-1 (Single Family
Residence) zones. They are also permitted on R-2 (One- and Two-family
Residence) zoned properties which contain only one dwelling.
City Planning Commission
Agenda Items for Meeting of March 12, 1986 Page 2
D. ANALYSIS
The problem that guest houses present is that they are detached living
quarters with sleeping and often bath facilities and, as such, can easily
be used as a separate dwelling unit, either with or without the addition
of "boot-legged" cooking facilities. Also, in view of the definition of
extended family and basic rights of privacy, it is extremely difficult to
enforce occupancy restrictions for guest houses in the absence of a
voluntary admission on the part of the occupants.
One solution to the problem is to eliminate entirely the opportunity to
establish detached living quarters, at least on the generally smaller lots
encountered in the R-1 and R-2 zones. Guest quarters could still be
constructed, but would have to be attached to the main dwelling and
without a separate entrance. As a result, there would no longer be a
question of occasional use--the quarters would be a part of the main
dwelling and could be used by guests or the occupants alike without
restriction.
Attached quarters--even if the attachment is by breezeway, as is allowed
by Code--are also a more logical and appropriate form of development on
the 5,000 sq. ft. to 7,000 sq. ft. lots generally found in the R-1 and R-2
zones. Such lots are usually not large enough to accommodate a main
dwelling and detached guest quarters while at the same time maintaining a
usable rear yard, and/or not impinging upon the light, air or privacy of
adjacent residents. The larger lots encountered in the A and R-E zones,
on the other hand, can usually accommodate a detached guest house
structure without these same drawbacks.
The suggestion has been made that guest houses in the R-E zone should
perhaps require the approval of a conditional use permit. While this
could be added, the 20,000 sq. ft. minimum lot size of the R-E zone is
believed to be adequate to ensure minimal impact on adjacent properties.
Also, the amount of RE Zoning in the City of Chula Vista is quite limited
in terms of area and location and not viewed as a significant impact issue
for guest houses.
In addition, the Code presently limits the occupancy of guest houses to
"occasional use" by guests of the main dwelling. The City Attorney has
recommended that a precise time limit per guest would substantially
improve the enforceability of the ordinance. Although any figure is
perhaps arbitrary, it does not seem unreasonable to restrict occupancy to
no more than 60 days for any one guest over a one year period.
As noted above, enforceability would still be difficult. But a specified
time limit would at least provide a standard against which to base a
complaint of full-time use and thus trigger an official inquiry and an
attempt at voluntary compliance--neighbor complaints being the only
feasible manner of enforcement.
City Planning Commission
Agenda Items for Meeting of March 12, 1986 Page 3
The City Attorney has also stated that the definition language
"clearly subordinate and incidental to the main building on the same
lot" serves no substantive purpose and complicates enforcement.
Consequently, the proposed amendments reflect the deletion of this
language from the definition.
In summary, then, the recommendation is that the opportunity to construct
a guest house be deleted from the R-1 and R-2 zones and be retained in the
A and R-E zones. The occupancy restriction would be strengthened from the
present "occasional use" limit to one that would restrict occupancy for
any one guest to no more than 60 days per year, and superflous language
would be deleted from the definition of a guest house.
A survey of the guest house regulations of several other jurisdictions
within the region found that most (including the City and County of San
Diego) are similar to Chula Vista's current provisions in that they allow
guest houses and utilize an "occasional use" or "temporary use" occupancy
limit. The exceptions were Poway, which allows guest houses but has no
occupancy restrictions, and E1 Cajon, which prohibits guest houses
altogether.
Most jurisdictions also reported a general absence of complaints regarding
the misuse of guest houses. The exception again being E1 Cajon--which
prompted them to prohibit such living quarters. Chula Vista has had two
complaints in the last two years that we are aware of.
WPC 2583P
City Planning Commission
Agenda Items for Meeting of March 12, 1986
EXHIBIT A
Chapter 19.04 Definitions
19.04.106 Guest House.
"Guest house" means detached living quarters of a permanent type of
construction, without kitchen or cooking facilities,
~//bb//~/~ay~l//~l/o/#/~//s~/)~ and intended for use by
occasional guests of the occupants of the main building, but not to exceed 60
days for any one ~uest over a one year per~od. A guest house shall not be
separately rented, let, or leased, whether compensation is direct or indirect.
Chapter 19.24 R-1 Single-Family Residence Zone
19.24.030 Accessory uses and buildings
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Chapter 19.26 R-2 - One and Two-Family Residence Zone
19.26.030 Accesso~ uses and buildings
WPC 2583P