Planning Commission postpones recommendation on health trailer, racing pigeon zoning changes

The Jan. 25 meeting of the county's Planning Commission included the review of proposed amendments to the county's Zoning Ordinance, and a 6-0 vote, with Michael Beck absent, forwarded many of the recommendations to the San Diego County Board of Supervisors but required that modifications regarding health trailers and racing pigeons be returned to the Planning Commission after additional changes by staff.

Changes forwarded to the Board of Supervisors address accessory dwelling units, miniature wireless communications facilities, and county-owned property. The county's Department of Planning and Development Services expects the recommendations to be presented to the Board of Supervisors in late winter.

PDS periodically proposes updates to the Zoning Ordinance to improve the clarity of regulations, correct errors, comply with new state or Federal statutes, add definitions or regulations to address new uses or business practices, and streamline regulations. The current update also addresses October 2018 Board of Supervisors requests to provide more affordable housing in unincorporated San Diego County.

The proposed revisions on the health care trailers were intended to clarify the intent of the ordinance. "The intent of the health care trailer ordinance is for temporary transitional housing," PDS group program manager Eric Lardy said.

The proposal would allow permits to be granted for three one-year periods subject to annual renewal. If there is a continued need after three years and the ownership has not changed - and if the owner has complied with provisions of the ordinance – the PDS director may grant up to two additional one-year renewals. The permit may not be extended beyond five years and may be revoked for violation of any provision of the ordinance or other applicable ordinances. The trailer can be for either a recipient of physical care or for a caregiver providing physical care for the main dwelling unit, although a recipient of physical care living in the health trailer must be related to the main dwelling unit occupants by blood, marriage or adoption. The proposed new regulations would also prohibit the coach or mobile home from being visible from the abutting streets and would require the trailer to be within 50 feet of the main dwelling unless a constraint renders that requirement unfeasible.

The new regulations would also require notification to surrounding property owners within 300 feet if an application is submitted and allow the PDS director to request a second opinion from a county-appointed physician if PDS receives evidence of non-compliance. The proposed changes would require that the certificate of need confirm that the person requires physical assistance with one of seven specified activities: eating, bathing, continence, dressing, toileting, ambulating with or without assistive devices, or transferring to and from a bed, chair or wheelchair.

"I'm very sensitive to the benefits of aging in place. At the same time, I see the challenges of neighborhoods being infiltrated," Planning Commissioner Bryan Woods said.

"This will help prevent fraud and abuse," Phillip Jellison said.

Phillip and Gina Jellison live in Jamul. Two trailers on a neighboring property were added in 2017 and the residents' daughters who are single mothers occupy those trailers. "It's become a nice place for young women to raise their children. If that's the case health and safety need to come into play," Gina Jellison said.

Cass Hodgon of Descanso spent approximately $75,000 on his health care trailer including permits and told the Planning Commission that such an investment shouldn't be subject to a five-year limit.

"There is no grandfathering under this proposal," Planning Commissioner David Pallinger said.

The five-year period would begin once the new ordinance is adopted.

"Existing medical use would be able to receive a five-year renewal," Lardy said.

Ramona resident Mark Kiefer called for enforcement of violations rather than a limitation on the amount of time a trailer can be on a property.

"There are rules in place for people who are breaking the law," he said. "For a lot of people these are our only option."

A mobile trailer is less expensive than a permanent accessory dwelling unit, but Susan Villa sought to build an accessory dwelling unit on her Spring Valley property for her mother, who is now 84, but was denied that alternative due to percolation issues.

"This would be a better option for us," she said.

Planning Commissioner Doug Barnhart said he thought it was admirable that the speakers were taking care of their families.

"This is an item that shouldn't be rammed through with 18 other items," Barnhart said. "I'm not prepared to make a decision in the next five minutes."

No opposition was presented to the revised definition of a trailer coach, so that was forwarded for Board of Supervisors ratification. A trailer coach is any vehicle, with or without motive power, designed or used for human occupancy for residential, recreational, industrial, professional, or commercial purposes and shall include a camp car and travel trailer. A mobile home, which is addressed separately in the Zoning Ordinance, would no longer be considered a trailer coach.

The proposal to make racing pigeons subject to other animal enclosure setback, noise, particulate matter, and odor requirements was not opposed but was returned to staff to consider additional protections for neighbors. Valley Center residents Rick and Angela Greven have neighboring domesticated pigeons over their property and sought additional provisions covering the prohibition of the birds lingering on other premises and a prohibition against circling over other properties.

"We've had this problem for years, and unfortunately there's no accountability," Angela Greven said. "It is not regulated. It does pose a health concern."

The Greven property is 2 1/2 acres.

"It is becoming a more common issue," Angela Greven said. "They fly eight hours a day, six days a week."

Greven noted that she and her husband could move from the area but would not be guaranteed to be free of pigeon nuisance.

"The next place I go to could have the same issue," she said.

Woods called the issue a nuisance, saying, "I do think that a limitation on the numbers would be appropriate and no roosting would be appropriate."

The county could pass an ordinance regarding birds on other properties, but the birds would likely leave before Code Enforcement could arrive.

"I don't see any way in the world you can enforce any of these," Planning Commissioner Michael Edwards said.

Barnhart acknowledged that California regulations regarding pigeons on a property differ from those in his native Texas.

"Where I was raised, we had a solution for that," he said.

A proposal to add Dark Sky Community regulations to Julian was also referred back to PDS so that the department and Julian residents could refine such regulations, although the proposal to add the Julian Community Planning Area to the zone which includes all other areas within a 15-mile radius of the Palomar Observatory or the Mount Laguna Observatory was forwarded to the Board of Supervisors. Zone A prohibits all outdoor lamps above 4050 lumens and all outdoor decorative lamps other than low-pressure sodium lamps which are fully shielded.

A Federal Communications Commission regulation on small wireless facilities took effect Jan. 15 and requires all jurisdictions to adopt compliant regulations and limits to what jurisdictions can charge companies for small facilities. PDS added a definition of small wireless facilities to define them as facilities where each antenna is no more than three cubic feet in volume. PDS also placed a limit of 28 cubic feet for the wireless equipment and any pre-existing associated equipment on the structure, required facilities to be mounted on new or existing structures in the public right of way, permitted such facilities on private property if attached to an existing public utility pole or permitted telecommunication facility, and required small cell facilities on private property not attached to public utility poles to comply with discretionary permit application requirements.

"This allows us as an industry player to understand what the concerns are as a community and react," Verizon municipal engagement partner Michael Farraher said.

"We look forward to working with the community on small cell development," Verizon real estate and regulatory affairs manager Shahriar Afshar said.

Crown Castle network real estate manager Tanya Friese said that the “critical infrastructure is no longer a convenience but a necessity.” While Crest resident Pamela Mitchell noted that the phone systems Crest residents have are not deficient.

"We live here for a reason," Mitchell said. "We all moved to Crest for a rural atmosphere."

Planning Commissioner Michael Seiler noted that the small cell systems do not have backup generation capabilities.

"If the power goes out on the grid, they will not have cellphone capabilities," he said.

The fee portion of the proposed revisions requires all small cell wireless facility permit applicants to pay an issuance fee and place a deposit with PDS to cover inspection costs associated with the permit issuance. The applicant will also pay an annual use, maintenance, and access fee for each facility. The Board of Supervisors will determine the fee and deposit amounts.

Former Lakeside Community Planning Group chair Gordon Shackelford took issue with two proposals. One would clarify that if a single lot has a permitted fraction of a dwelling unit of at least 0.5 it can be rounded up to the nest highest whole number while exempting building type - but not density - requirements for duplexes or triplexes. The other would allow all types of residential buildings in Village areas which are not allowed by the Zoning Ordinance but are allowed by the general plan to be processed without a rezone while also allowing duplex or triplex units on a single lot if the number of units is consistent with the general plan land use density designation.

"You have in a sense eliminated the single-family zone," Shackelford said. "That kind of an increase in density causes problems. Some of these items I don't think fit the context of minor."

Shackelford told the Planning Commission that the planning and sponsor groups received the proposed Zoning Ordinance amendments Dec. 20, and that holiday issues prevented most planning or sponsor groups from reviewing the contents thoroughly.

"There's a very good reason that you have almost no response at all," he said.

PDS staff will still review all projects.

"It's going to be evaluated in each and every case," Woods said.

If a parcel has both residential and commercial zoning a proposed amendment would allow parking for commercial use to occur on the residential portion contingent upon a Zoning Verification Permit and if landscaping and planting is used to the maximum extent practical to screen unsightly parking areas from neighboring residences.

Another proposed change would exempt the development, use or improvement of county libraries, Sheriff's Department stations or substations, and fire stations from the Zoning Ordinance. That change would not exempt those facilities from California Environmental Quality Act review. State-owned land is not subject to county land use jurisdiction, and the changes would also codify the exemption of state-owned public land from the Zoning Ordinance.

A separate proposed amendment expands the list of uses permitted in a passive public park or recreation area. The definition of a passive public park or recreation area already includes wilderness, ecological, or natural preserves along with minimal incidental buildings and structures intended for low-intensity passive recreational use by individuals, families or small groups. The definition of activities will now include natural areas, ecological areas, landscaping, walkways paths, trail staging areas, trails, interpretive features, benches for seating, scattered picnic tables, children's play areas, scattered horseshoe pits, drinking fountains, security and public safety lighting, off-street parking, restrooms, ranger residences, volunteer pads and caretaker residences, maintenance sheds, primitive camping, and other park facilities or uses with activity levels consistent with the other listed uses.

A modification to the group residential use type allows separate kitchens in each unit if a document accepted by PDS restricts occupancy of the group home to seniors.

If a conflict exists between Specific Plan regulations and Zoning Ordinance provisions for a Specific Plan Area the Specific Plan shall take precedence over the Zoning Ordinance. This was not changed, but the proposed amendment will stipulate that this only applies if the Specific Plan has not expired.

New requirements to accessory dwelling units under a ministerial permit include an existing single-family residence or the accessory unit being constructed concurrently with the primary residence, the accessory unit floor area being limited to no more than 50 percent of the primary unit square footage and no more than 1,200 square feet with floor area measurements being taken from the exterior dimensions of the outside walls and accessory unit garage floor area counting toward the maximum, a height limit of 24 feet, and setbacks of at least 3 feet for single-story structures and 5 feet for two-story units. An off-street parking space complying with required setbacks must be provided unless the unit is within half a mile of a public transit stop, within an architecturally or historically significant historic district, part of an existing residence or an existing accessory structure, in an area where on-street parking permits are required but not offered to the accessory unit occupants, or within a block of a car share area. The property owner must live in either the main dwelling or the accessory unit, and the accessory unit may not be rented for less than 30 days.

A definition of a Junior Accessory Dwelling Unit will be created along with regulations. A Junior Accessory Dwelling unit is no more than 500 square feet and contained entirely within an existing single-family dwelling. It must include conversion of an existing bedroom, a separate exterior entry must be provided, and the interior connection to the main living area must be maintained. An efficiency kitchen must include a sink with a maximum waste line diameter of 1 and one-half inches, a cooking facility with appliances requiring no more than 120 volts or natural or propane gas, and a food preparation counter and storage cabinets which are reasonable for the unit size. The property owner must live in either the main dwelling or the accessory unit, and the accessory unit may not be rented for less than 30 days.

A proposed allowance for guest living quarters would remove the 20,000 square foot minimum lot size to allow guest living quarters on land with Specific Plan zoning and residential zoning which currently requires the minimum lot size.