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HomeMy WebLinkAboutPlanning Comm min 1983/10/26 MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Council Chambers Wednesday, October 26, 1983 Public Services Building ROLL CALL COMMISSIONERS PRESENT: Chairman Johnson, Commissioners Cannon, Green, Guiles, O'Neill, Pressutti, and Shipe COMMISSIONERS ABSENT: None STAFF PRESENT: Director of Planning Gray, Principal Planner Lee, Associate Planner Griffin, City Attorney Harron, Secretary Ruth Smith PLEDGE OF ALLEGIANCE, SILENT PP~YER The pledge of allegiance was led by Chairman Johnson and was followed by a moment of silent prayer. ORAL COMMUNICATIONS None 1. PUBLIC HEARING: CONSIDERATION OF DRAFT ORDINANCE TO ALLOW ACCESSORY DWELLING UNITS BY CONDITIONAL USE PERMIT WITHIN SINGLE FAMILY RESIDENTIAL ZONES Planning Director Gray stated that on June 22, 1983, the Planning Commission recommended that City Council adopt an accessory dwelling unit ordinance in accordance with Resolution No. PCA-83-5 which was drafted in response to Senate Bill 1534. On July 26, 1983, Council moved to file the proposed ordinance until an application was received. An application was accepted for processing on September 6, 1983. As SB 1534 provides 120 days from date of first application to adoption of a local ordinance, the Council, on September 27, 1983, endorsed the City's existing "Dwelling Group" zoning ordinance provisions as Chula Vista's local compliance with SB 1534 and referred a revised ordinance to the Planning Commission for public hearing. The proposed ordinance contains two substantive changes; namely, that the accessory unit be attached to the primary single family dwelling in a physically and architecturally unified manner, and the provision of one additional off-street parking space be located exclusive of the front or exterior side yard setback areas. The Commission questioned (1) the location of the off-street parking required by the proposed ordinance; (2) survey results on the feasibility of securing additional access to the third off-street parking space including paving the Planning Commission - 2 - October 26, 1983 setback down the side of the house to enable backyard access; (3) a projection of the number of houses able to accommodate more off-street parking; and (4) the legality of tandem parking. Planning Director Gray replied that (1) parking would have to be located outside the front and side yard setback area, possibly near the garage if space was available; (2) no survey had been made on additional access for parking but the original ordinance had omitted a requirement for off-street parking because of foreseen difficulties. Council, upon review of the ordinance however, decided the problems generated by possible parking congestion should be addressed; (3) most subdivision lots are not large enough to accommodate a second home; (4) tandem parking is allowable if approved by the Planning Commission. Commissioner Cannon stated that it would be possible to draft an ordinance that would allow off-street parking to be in tandem within the setback. He also asked if this was an attempt at passing an ordinance that would placate a large number of people and yet be impossible to effect. Commissioner Green queried if title companies had been contacted regarding the effect of the conditional use permit in event of resale of the property and reminded staff that the property might not qualify for certain governent loans with this type of restriction. In reply to further questioning, Associate Planner Griffin said that the Granfield application, with the exception of not showing the off-street parking requirement, would conform to the new criteria. He added there should be no problem with the parking requirement as the Granfield site is large. This being the time and the place as advertised, the public hearing was opened. Maggie Helton, 162 Mankato Street, Chula Vista, 92010, representing the Chula Vista Commission on Aging, stated that the housing shortage and low income of seniors makes shared housing like Granny Flats an economic necessity. This has been recognized by the fact that single persons with an income of $459 (poverty level) who either have someone living with them or share with a family in an accessory condition are no longer penalized by a deduction from their Social Security benefits. Robert Norman, 908 Mission Avenue, Chula Vista, 92011, stated he had never been against the accessory units. In reply to his questions, Director Gray affirmed that there would be no additional fee or trash charges unless a separate street address was utilized. Mr. Norman then stated that such an arrangement is "unfair" if the second unit is a rental unit. Additional testimony was given by (1) Anne Fabrick, 501-2 Anita Street, Chula Vista, 92011, representing the Advisory Council San Diego Area Agency on Aging; (2) Wilma Leaf, 695 Sea Vale Street, #4E, Chula Vista 92010; (3) Eileen Skelley, 239 Fifth Avenue, Chula Vista; (4) Eric Money-Penny, 731-A-14 "G" ~ Plannin9 Commission - 3 - October 26, 1983 Street, Chula Vista, 92010, representing the Elder Cottage Coalition; and {5) Pat Barajas, 374 "J" Street, Chula Vista, 92010. Their testimony included {1) complimenting the Planning Commission on their support of the accessory dwelling unit; {2) an attached unit cuts off light from the house in front; (3) in favor of a separate unit for seniors; {4) the true "Granny Flat" is a detached unit; {5) off-street parking should be required to curtail further illegal parking in Chula Vista. Commissioner Cannon affirmed he would still support an attached unit, but that compliance with Council's proposed ordinance appears to be impossible for most lots. From a planning standpoint, what is covered by the ordinance, excluding the off-street parking, is reasonable and beneficial to the City. He added that most single dwellings have a long enough driveway to permit tandem parking. Commissioner O'Neill stated he is in favor of the attached unit but would support the ordinance in its present form rather than vote against the accessory unit. He expressed reservations about the parking restrictions and would like them removed. Commissioner Pressutti pointed out that inclusion in the ordinance of a stipulation prohibiting any garage conversion on property without an accessory unit would free two parking spaces. He stated he would not vote for the ordinance if it prohibits a detached unit which, under certain conditions, would be more architecturally feasible, eye-appealing, and could be hidden from the street. Commissioner Johnson stated he would support off-street parking in this ordinance but did not support Mr. Pressutti's prohibition on garage conversions. Parking in Chula Vista is a long-time problem and the City has very few alleys which would allow parking in the back. However, this accessory unit should not bear the burden of all the parking problems. He added that is not always easy to put an addition on a house because such an addition usually is not considered at the time of initial design. Commissioner Guiles commented that if the purpose of the ordinance is to provide housing for the elderly, information on how many units could be constructed under the proposed conditions as opposed to how many could be constructed without the parking or attachment restrictions would be worthwhile. Director of Planning Gray pointed out that the assumption is that an ordinance allowing detached or attached units with no parking restrictions would bring in the most responses, followed by the attached unit only, and, lastly, the second dwelling unit on a double sized lot. Mr. Gray explained staff did not believe there would be a great demand for any type of "GrannyFlat" unit as it is not part of our heritage in this area. Also, he added, more apartment-type units for seniors are being planned for the area. Commissioner Pressutti voiced an appeal that an accessory unit, whether attached or detached, be reviewed by the Design Review Committee to prevent "eye-sores". October 26, 1983 Planning Commission - 4 - Commissioner Green stated it seems to be a slap in the face to our elderly that a unit proposed for them cannot be detached while guest-living quarters can. Commissioner Shipe declared he supported the accessory unit ordinance last time but did not feel comfortable with the elimination of the detached unit and would vote against the ordinance. Commissioner Cannon outlined two problems with the detached unit; namely, the visual impact on the neighborhood, and the enforcement of the conditional use permit on a detached unit after sale of the property. He stated a kitchen is the only difference between an attached unit and a normal addition to a dwelling and makes the CUP more enforceable and the property more salable. There being no further testimony, the public hearing was closed. (O'Neill/Cannon) to adopt a resolution recommending City Council adopt the proposed accessory dwelling unit ordinance contained in Exhibit A with the off-street parking requirement deleted. Commissioner Pressutti asked if the maker would add the requirement for an attached unit be deleted. Commissioner Johnson replied that he supported the attached unit. AMENDED MOTION MSC (Pressutti/Green) to amend the main motion to delete all reference to a requirement for an attached unit. Cannon voted "no". The motion to adopt a resolution recommending City Council adopt the proposed accessory dwelling unit ordinance contained in Exhibit A with the off-street parking requirement and the attached unit requirement deleted passed. Commissioner Cannon voted "no". 2. PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO THE GENERAL PLAN AND REZONING FOR APPROXIMATELY 3.5 ACRES ADJACENT TO THE CHULA VISTA MUNICIPAL GOLF COURSE FROM PARKS ANu PUBLIC OPEN SPACE AND A-D TO VISITOR COMMERCIAL ANu C-V-? ~EPA-~-~ AND PCZ-~-A) Director of Planning Gray informed the Commission that in February, City Council instructed the Planning Department to study the potential use of the City-owned 3.5 acre site west of Jimmy's on the Green for land uses compatible with the adjoining golf course and sensitive to the area's environmental quality. The suggested uses include developing the area for park use, visitor commercial use, multiple family residential, and expansion of the parking lot at Jimmy's on the Green. Director Gray reviewed some of the pros and cons outlined in the report and stated that staff is recommending recertification of the EIR and amendment of the General Plan designation and zone district from Parks and Public Open Space and A-D to Visitor Commercial V-C designation plus the addition of the "P" modifier which would require Design Review Committee approval. -- Planning Commission - 5 - October 26, 1983 Chairman Johnson stated that a request for a continuance had been received and called on Ms. Gretchen Burkey. Gretchen Burkey, P.O. Box 321, Bonita, CA 92002, representing the Sweetwater Community Planning Association, requested that the Planning Commission continue this item until after the meeting of their organization on November 8, 1983, in order that the Association might review the item and submit their findings to the Commission as they have been requested to do by the Council. MSUC (Pressutti/Shipe} that this item be continued to the meeting of November 30, 1983 in order that the Planning Commission may have the benefit of input from the Sweetwater Community Planning Association. Commissioner O'Neill stated that he would like the issue of landfill required in this area to raise the land above the lO0-year flood level and its effect on upstream elevations addressed by staff before the item is considered by the Commission. 3. PUBLIC HEARING: PCM-84-5 - AMENDMENT TO THE BONITA GLEN SPECIFIC PLAN SIGN REGULATIONS Principal Planner Lee informed the Commission that Council had directed staff to prepare an amendment to the Bonita Glen Specific Plan sign regulation by including the Planning Signing Program provisions of the Municipal Code as part of the Specific Plan. Mr. Lee explained that this would be subject to the approval of the Zoning Administrator, would permit deviations of designs and standards to the sign regulations and would allow flexibility to the design-conscious developer with more creativity and innovation in signage. This being the time and the place as advertised, the public hearing was opened. Gene York, 160 Brightwood Ave., Chula Vista, 92010, spoke in favor of the signing program, stating this amendment would give developers more flexibility yet the Commission would still retain complete control of the program. He commented that several potential tenants had been lost because of the past sign program. No one else wishing to speak, the public hearing was closed. MSUC {Pressutti/Cannon) to recommend that City Council adopt a resolution amending the Bonita Glen Specific Plan sign regulations as follows: "Developers within the Bonita Glen Specific Plan area may apply for a Planned Signing Program as set forth in Sections 19.60.490 through 19.60.520 of the Municipal Code and provided that said Planned Signing Program is in substantial conformance with the general intent of the sign regulations of the specific plan." - Planning Commission - 6 - October 26, 1983 4. PUBLIC HEARING: PCA-84-1 - CONSIDERATION OF PROPOSED AMENDMENT TO CHAPTER 19.54 REQUIRING CITY COUNCIL APPROVAL OY UNCLASSIFIED USES Principal Planner Lee explained that the Council, on September 27, 1983, had directed staff to prepare an amendment to Chapter 19.54, Unclassified Uses, which would require City Council's approval for those uses which have a citywide impact or involve hazardous materials. He stated that the majority of the applications for a conditional use permit are considered by either the Planning Commission or the Zoning Administrator. Most of the other jurisdictions process CUPs in a similar manner although the City of San Diego does require Council approval of land uses which are determined to have a citywide impact. The City of National City, after Planning Commission approval, refers all applications to the City Council which has the option of appealing the matter to themselves within a given period of time. If not appealed, the decision of the Planning Commission is final. In the past several years, the general trend has been for government to exercise greater control over land development; in particular, those projects which would affect the general character and direction in which the City is developed. Staff is recommending that the vast majority of uses now listed for CUP approval in the unclassified section, such as, airports, schools, hospitals, waste disposal areas, and large active recreational uses, be considered as having potential citywide impact subject to City Council approval of the land use. This will ensure that significant land use issues with citywide impact will be brought to the Council's attention. This being the time and the place as advertised, the public hearing was opened. Commissioner O'Neill stated that there has been a growing tendency of Council to take more and more responsibility with the subsequent reduction of their own overall effectiveness. He stated he would support the National City approach. No one else wishing to speak, the public hearing was closed. MSUC (O'Neill/Pressutti) that City Council adopt a resolution to provide for a procedure to forward Planning Commission action on all Conditional Use Permits to Council; Council to have the option of holding a public hearing on any designated Conditional Use Permit. ELECTION OF OFFICERS MSC (Johnson/Shipe) to nominate John O'Neill for Chairman of the Planning Commission and Michael Green for Vice President. O'Neill abstained. DIRECTOR'S REPORT Planning Director Gray stated that - Because of the Thanksgiving Holiday, the Planning Commission meeting scheduled for November 23 should be changed to November 30, 1983. Commissioners agreed. Plannin~ Commission - 7 - October 26, 1983 At last night's Council meeting, the Bonita Glen Specific Plan was amended to delete the Shell Oil Property from the Bonita Glen Specific Plan. Also, that the Conditional Use Permit process would be required for the service station and would come back before the City Council after Planning Commission consideration. - Council approved the Sphere of Influence Study Work Program and requested a report on the need for a contract consultant. Principal Planner Lee informed the Commission that there was only one major item on the docket for November 9, and that November 16, 1983, was the study workshop. COMMISSION COMMENTS None ADJOURNMENT at 8:40 p.m. to the Regular business meeting of November 9, 1983, at 7:00 p.m. in the Council Chambers. Ruth Smith, Secretary WPC 0600P