Public hearing followed by discussion and possible action on any and all matters regarding Conditional Use Permit Case No. 2021-031.  A request by Alejandra Muñoz, owner, for a conditional use permit to allow the construction of an accessory dwelling unit (guesthouse) on property located at 115 N. Escamilla Court.  (Jose A. Guzman, Director of Planning and Zoning)

A. Open public hearing
     1. Staff presentation
     2. Call to the Public on this item
B. Close public hearing
C. Action on Conditional Use Permit Case No. 2021-031

This is a request by Alejandra Muñoz, owner for a conditional use permit to allow the construction of an accessory dwelling unit (guest house) as per Section 152.078 (C)(1) of the City of San Luis Code of Ordinances.  The property is located at 115 N. Escamilla Court, Parcel ID Number 777-60-631.

This use is listed as a conditional use permit as per City Code § 152.078(C) (1): "One accessory dwelling unit on a residential lot provided the lot and the accessory dwelling unit meets the following standards:

1. The area of the lot is 8,000 square feet or larger in size;
2. The accessory dwelling unit may not exceed 50% of the gross square footage of the livable area of the primary dwelling unit;
3. The addition of the accessory dwelling unit may not cause the lot to be split; rather the lot remains as one lot under the same ownership as that of the primary dwelling unit;
4. The accessory dwelling unit shall be located in the buildable area of the lot.
5. A single common driveway shall serve both the principal residence and the accessory dwelling unit; and
6. The accessory dwelling unit must be connected to all of the primary structure’s utilities; with the exception of phone and cable services.
7. The accessory dwelling unit may not be used for any commercial or non-residential uses."

ANALYSIS:

1. The area of the lot is 8,000 square feet or larger in size;
   
   The  area of the lot is 12,140 square feet. 
    
2. The accessory dwelling unit may not exceed 50% of the gross square footage of the livable area of the primary dwelling unit;
   
   The square footage of the livable area of the primary dwelling unit is 2,884 sq. ft. 50% of the primary dwelling unit is 1,442 sq. ft.  The proposed accessory building is approximately 936 sq. ft. with a livable area of 544 sq. ft. 
    
3. The addition of the accessory dwelling unit may not cause the lot to be split; rather the lot remains as one lot under the same ownership as that of the primary dwelling unit;
   
   The accessory dwelling unit will not cause the lot to be split.  Due to the dimensions of the existing house a lot split will not be allowed under the current zoning regulations.
    
4. The accessory dwelling unit shall be located in the buildable area of the lot.
   
   The accessory dwelling unit will be located in the buildable area of the lot and will comply with all the required setbacks.
    
5. A single common driveway shall serve both the principal residence and the accessory dwelling unit; 
   
   A single common driveway will serve both the principal residence and the accessory dwelling unit.  The accessory building will be covered from the sight of the street by a block fence and no additional driveways permitted.
    
6. The accessory dwelling unit must be connected to all of the primary structure’s utilities; with the exception of phone and cable services.
   
   This will be reviewed and applied during the building permit process. 
    
7. The accessory dwelling unit may not be used for any commercial or non-residential uses.
   
   The applicant requested this permit to allow her parent-in-law to live in the accessory dwelling unit.  No commercial use of this unit is permitted, including renting the unit and the violation of this restriction will result in the revocation of the conditional use permit and possible citations. 

AGENCY REVIEW:
As part of the review process, all land use cases are reviewed by various city and outside agencies.  We have received comments from the following agencies:

1. City of San Luis Attorney's Office (1-26-21)
2. Yuma County Development Services (1-26-21)
3. Yuma County Airport Authority (1-28-21)

As required by state statute, staff sent notification letters to property owners within 300 feet of the proposed project (51 properties).  The city has not received any other comments or questions from the various review agencies or adjacent property owners. 

CITIZEN REVIEW MEETING:
As required by state statute and the City Code, a Citizen Review Meeting was held on February 2, 2021, at 6:00 P.M., due to the pandemic, this meeting was conducted via teleconference.  Notice of the meeting was published in the local newspaper and the public was able to connect to the meeting or send out questions or comments via email before the meeting.  The intent of this meeting was to allow the public to learn about the conditional use permit application, ask questions and/or express any comments or concerns.  There were no people from the public connected to the teleconference neither did the city receive any comments or questions prior to the meeting. 

PLANNING AND ZONING COMMISSION:
This item was presented to the Planning and Zoning Commission during their regular meeting of February 9, 2020.  The Planning and Zoning Commission made a motion to forward this item to the City Council with recommendation of approval as presented by staff. 

STAFF RECOMMENDATION:
The applicant has provided the information and materials necessary for review of the Conditional Use Permit.  Staff recommends approval of Conditional Use Permit Case No. 2021-031.