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HomeMy WebLinkAboutPlanning Comm Reports/1986/07/23 AGENDA City Planning Commission Chula Vista, California Wednesday, July 23, 1986 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of July 9, 1986 ORAL COMMUNICATIONS 1. PUBLIC HEARING: Consideration of the revocation of conditional use permit PCC-84-23 authorizing the establishment of the Cabrillo School of Nursing, 713 Broadway 2. PUBLIC HEARING: PCA-87-1: Consideration of an amendment to Title 19 of the Municipal Code to require all living quarters in the R-1 zone to be attached DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Regular Business Meeting of August 13, 1986 at 7:00 p.m. in the Council Chambers TO: City Planning Commission FROM: George Krempl, Director of Planning SUBJECT: Staff Report on Agenda Items for Planning Commission Meeting of July 23, 1986 1. PUBLIC HEARING: Consideration of the revocation of conditional use permit PCC-84-23 authorizin§ the establishment of the Cabrillo School of Nursing, 713 Broadway A. BACKGROUND On June 26, 1984, the Zoning Administrator granted conditional use permit PCC-84-23 which authorized the establishment of the Cabrillo School of Nursing at 713 Broadway. Approval of the permit was based on information provided by the applicant indicating that the majority of students would be using public transportation, and the permit is conditioned upon a limit of 30 students at any one time because of limited on-site parking. In subsequent visits to the site, City staff observed in excess of 60 students at the facility, with the parking lot full and excess student parking occurring along both Broadway and 'J' Street and extending into adjoining residential areas. The applicant was apprised of the apparent violation by letter on May 29, 1986, and a request was made then and again by letter on July 2, 1986, to take corrective steps and notify the department of compliance. The applicant did not respond, and the matter was set for public hearing before the Commission to consider revocation of the permit. B. RECOMMENDATION File the consideration of the revocation of conditional use permit PCC-84-23. C. DISCUSSION The applicant has since contacted the Planning Department and is processing an application for a modification to PCC-84-23. It is appropriate, therefore, to file the consideration of revocation of the permit. City Planning Commission Agenda Items for Meeting of July 23, 1986 Page 1 2. PUBLIC HEARING: PCA-87-1; Consideration of an amendment to the Municipal Code to require all livin~ quarters in the R-1 zone to be attached - Council initiated. A. BACKGROUND The City Council, at the meeting of June 24, 1986, requested that staff return as soon as possible with an ordinance requiring all living quarters in the R-1 zone to be attached. The Environmental Review Coordinator has determined that the proposed amendment is exempt from environmental review as a Class l(e) exemption. B. RECOMMENDATION Adopt a motion recommending the City Council enact the following amendment to the Municipal Code: Chapter 19.24 R-1 Single Family Residence Zone 19.24.020 Permitted Uses. C__~. All portions of the dwelling, factory-built home or mobile home used for livin~ or sleepin~ purposes shall be attached. C. DISCUSSION On April 15, 1986, the City Council adopted amendments to the Municipal Code which now prohibit the construction of new "Guest Houses" in the R-1 and R-2 zones but allows them in the R-E zone. It was originally assumed that the prohibition against Guest Houses--which are defined as detached living quarters intended for use by occasional guests of the occupants of the main dwelling--would in essence foreclose the possibility of constructing any sort of detached living quarters. As a result of an inquiry at the April 15 Council meeting, however, the City Attorney stated that the amendments would pertain only to detached living quarters intended for guests, and that they would not prohibit the construction of detached living quarters as long as they were intended to be occupied by the owners of the property. Council on June 17, 1986, requested that an emergency ordinance be brought forward to address the concern. The City Attorney advised that the findings for an emergency ordinance could not be made due in part to the lack of a "general welfare" clause in the City Charter (proposed to be corrected by a November Charter Amendment Ballot Issue). In any event, the detached living quarters question was referred to staff on June 24, 1986, to be brought forward through the Planning Commission as early as possible. City Planning Commission Agenda Items for Meeting of July 23, 1986 Page 2 O. ANALYSIS As was discussed in the staff report accompanying the Guest House amendments, the problem with detached living quarters is that they can easily be used as a separate dwelling unit, either with or without the addition of a "boot-legged" kitchen. Also, in view of the definition of an extended family and basic rights of privacy, it is extremely difficult to enforce an owner-occupancy restriction for detached living quarters in the absence of a voluntary admission on the part of the occupants. Attached quarters appear to be a logical and appropriate form of development on the 5,000 sq. ft. to 7,000 sq. ft. lots generally found in the R-1 zone. Such lots are usually not large enough to accommodate a main dwelling and detached living quarters while at the same time maintaining a usable rear yard, and/or not infringing upon the light, air or privacy of adjacent residents. For the reasons noted above, we recommend approval of the amendment. WPC 2958P