HomeMy WebLinkAboutItem 2 - Staff Report - ADU
Item: __2___
Meeting Date: 11/08/17
ITEM TITLE: PUBLIC HEARING: Consideration of amendments to the Chula Vista
Municipal Code (CVMC) to amend Section 19.58.022 (Accessory Second
Dwelling Units) and other accessory use code sections to comply with
State law.
Resolution of the City of Chula Vista Planning Commission
recommending that the City Council of the City of Chula Vista adopt an
ordinance amending Chula Vista Municipal Code, Section 19.58.022
(Accessory Second Dwelling Units); Chapter 19.04 (Definitions); Chapter
19.20 (Agricultural Zone); Chapter 19.22 (Residential Estates Zone);
Chapter 19.24 (Single-Family Residence Zone); Chapter 19.26 (One- and
Two-Family Residence Zone); Chapter 19.28 (Apartment Residential
Zone); and Chapter 19.48 (Planned Community Zone) with regard to
Accessory Dwelling Units
SUBMITTED BY: Michael W. Walker, Senior Planner
REVIEWED BY: Kelly Broughton, Director of Development Services
INTRODUCTION
The item for consideration is an amendment to various sections of the Chula Vista Municipal
Code (CVMC) related to Accessory Second Dwelling Units to comply with State law. In
January 2017, the State of California enacted laws: Senate Bill 1069; Assembly Bill 2299; and
Assembly Bill 2406, to address the statewide affordable housing demand by requiring a
ministerial approval process for Accessory Dwelling Units (ADUs) and Junior Accessory
Dwelling Units (JADUs) among other requirements. These laws went into effect on January 1,
2017 and tAccessory Second Dwelling Unit (ASDU) ordinance became null
to incorporate the new requirements to be in compliance with State law.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance
with the California Environmental Quality Act (CEQA) and determined that the action is not a
delines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. In
addition, notwithstanding the foregoing, the Director of Development Services has also
determined that the action qualifies for an Exemption pursuant to Section 15061(b)(3) of the
State CEQA Guidelines. Therefore, no further environmental review is required.
PC Resolution MPA17-0008
November 8, 2017
Page -2-
RECOMMENDATION
That the Planning Commission recommend to the City Council adoption of the proposed CVMC
amendments.
DISCUSSION
Staff proposes amendments to Section 19.58.022 (Accessory Second Dwelling Units), and to
CVMC sections that allow residential uses including Chapters 19.04 (Definitions), 19.20
(Agricultural Zone), 19.22 (Residential Estates Zone), 19.24 (Single-Family Residence Zone),
19.26 (One- and Two-Family Residence Zone), 19.28 (Apartment Residential Zone), and 19.48
(Planned Community Zone) to comply with State law as described below:
Section 19.58.022 (Accessory Second Dwelling Units) (ADUs):
In January 2017, the State legislature approved SB 1069; AB 2406; and AB 2299 changing the
name to eliminate the idea that these units are second units and to address the affordable
statewide housing shortage by easing the ministerial permit requirements for ADUs and JADUs
among other requirements. The bills require jurisdictions to allow these units in single family
and multi-family zones with limited regulations, but do allow jurisdictions to adopt an ordinance
that complies with State law, with local regulatory control. ccessory Second
Dwelling Unit ordinance is now null and void until the City adopts an ordinance that complies
with State law. Listed below are the key changes:
Changed the nomenclature from Accessory Second Dwelling Units to Accessory
Dwelling Units (emphasis added); and
Allowed ADUs on single-family and multi-family zoned lots developed with a single-
family dwelling; and
Eliminated minimum lot size requirement; and
Permitted a maximum ADU unit size of 1200 square feet; not exceeding 50 percent of the
primary dwelling, whichever is less; and
Required replacement parking in kind when garages for the primary dwelling are
converted to an ADU; and
Required no parking for ADUs if located within ½ mile of public transit; and
Allowed for existing detached garages in the rear yard to be converted to an ADU and
maintain the existing setback; and
Required ADUs above a detached garage provide a minimum five foot rear and side yard
setback from property lines; and
Permitted attached ADUs to be subject to the same development standards for the
primary dwelling; and
Allowed for ADUs to be subject to design standards; and
Allowed the City to require Owner-occupancy; and
Allowed for JADUs to be located within the existing dwelling (i.e. converted bedroom)
not exceeding 500 square feet.
Chapters 19.04 (Definitions), 19.20 (Agricultural Zone), 19.22 (Residential Estates Zone), 19.24
(Single-Family Residence Zone), 19.26 (One- and Two-Family Residence Zone), 19.28
(Apartment Residential Zone), and 19.48 (Planned Community Zone) will be amended to include
ADUs as an accessory use in the respective sections (Attachment 2).
PC Resolution MPA17-0008
November 8, 2017
Page -3-
Public Outreach:
On April 6, 2017 staff presented the draft ordinance to the Development Services Citizen
Oversight Committee; following discussion and review the Committee recommended adoption
of the ordinance.
DECISION-MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Title 2,
section 18702.2(a)(11), is not applicable to this decision for purposes of determining a
disqualifying real property-related financial conflict of interest under the Political Reform Act
(Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed
by any Planning Commissioner of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
CONCLUSION
The amendments to the Accessory Second Dwelling Unit ordinance will comply with State law
by addressing the affordable housing issue while still enabling local regulatory control over the
subject units.
FISCAL IMPACT
There is no fiscal impact associated with the proposed amendments.
Attachments
1. Resolution
2. Strikeout Underline CVMC for Section 19.58.022; and
Chapters: 19.04; 19.20; 19.22; 19.24; 19.26; 19.28; and 19.48