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HomeMy WebLinkAboutItem 2 - Attch 2 - CC Ord ORDINANCE NO.________ ORDINANCE OF THE CITY OF CHULA VISTA 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 WHEREAS, 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 requiring a ministerial approval process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and ordinance is null and void; and amendment to incorporate the new requirements to be in compliance with State law; and Municipal Code contained in this Ordinance address the required amendments; and WHEREAS, staff presented the draft ordinance to the Development Services Oversight Committee which recommended approval; and WHEREAS, the Director of Development Services reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the action CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the action is not subject to CEQA. 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; and WHEREAS, the Planning Commission held an advertised public hearing on the subject Ordinance and voted ___________ to adopt Resolution No. MPA17-0008 and thereby recommend that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject Amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Section 19.58.022 Accessory Dwelling Units 9.58.022 Accessory second dwelling units. A. The purpose of this section is to provide regulations for the establishment of accessory second dwelling units in compliance with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available, and impacts upon the residential neighborhood directly affected would be minimized. Accessory second dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory second dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership. B. For the purposes of this section, the following words are defined: Exhibit B.1- Exhibit B.2- in this section shall means an accessory second dwelling unit that is attached, and built over a primary residence including an attached garage, or above a detached garage or similar building in the rear yard. second dwelling unitsshall mean anare independent living facilitiesy of limited size that provides a permanent provisions structure for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling according to the provisions of subsection (C) of this section. shall means that a wall, floor, or ceiling of an accessory dwelling unit is will be shared with the primary residence on the property (Exhibit B.1). defined in CVMC 19.04.026. second dwelling unit constructed either entirely between the rear of the primary dwelling and the rear property line, or to at the side of the primary residence, and but set back from the front plane of the primary residence at least 50 percent of the distance between the front and back planes of the primary residence (Exhibit B.21). shallas used in this section means the level finish grade of the lot not including slopes greater than 50 percent grade (Exhibit B.32). shall means an accessory second dwelling unit separated from the primary residence as specified in subsection (C)(5)(de) of this section. shall as used in this section means those all enclosed portionareas of the primary residence including an attached garage. not including the garage or other attached accessory structures, such as covered but unenclosed patios, balconies, etc. of a dwelling unit including basements and attics, but does not include garages any accessory structure. shall means the single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel. C. Accessory second dwelling units shall be subject to the following requirements and development standards: 1. Zones. Accessory second dwelling units must may accompany an existing primary residence in single family zoneson an A, R-E, R-1, on multifamily zoned lots developed with a single-family residence, or similarly zoned lots under the PC zoned lot. Accessory second dwelling units or junior accessory dwelling units are not permitted on lots developed with condominiums, townhomes, apartments, or similar multifamily developments. However, construction of the primary residence can be in conjunction with the construction of an accessory second dwelling unit. Where a guesthouse or other similar accessory living space exists, accessory second dwelling units are not permitted. The conversion of a guest house or other similar living areas into an accessory second dwelling unit is permitted, provided they conversion meets the intent and property development standards of this section, and all other applicable CVMC requirements. Accessory second dwelling units shall not be permitted on lots within a planned unit development (PUD), unless an amendment to the PUD is approved and specific property development standards are adopted for the construction of said dwelling units for lots within the PUD. Accessory second dwelling units are precluded from R-2 and R-3 zoned lots. 2. Unit Size. The gross floor area of an attached or detached maximum size of an accessory dwelling unit on a given lot shall not exceed 50 percent of the gross floor area be determined by either the buildable pad area of the lot, or the size of the primary residence including an attached garage; not exceeding 1,200 square feet. according to the following table, so long as the combined living spaces do not exceed the floor area ratio of the underlying zone. The original buildable pad area of a lot may not be increased by more than 20 percent through regrading and/or the use of retaining walls or structures. Buildable Pad Area Maximum Gross Floor Area for ASDUs Less than 5,000 sq. ft. Not permitted 5,000 9,999 sq. ft. 650 sq. ft. or 50% of primary residence, whichever is less 10,000 sq. ft. or greater 750 sq. ft. or 50% of primary residence, whichever is less 3. Unit Location. Accessory dwelling units are prohibited in the required front setback. 3. Structure Relationships. The relationship of an accessory second dwelling unit to the primary residence shall be determined by the size of the buildable pad area as follows: Buildable Pad Area Location of Unit Less than 5,000 sq. ft. Not permitted 5,000 6,999 sq. ft. Attached,; above,; behind; at the side, or in the basement of the primary residence (detached not permitted) 7,000 sq. ft. or greater Attached,; above; behind; at the side, or in the basement; or detached, and behind and on the same buildable pad of the primary residence. 4. Structure Height. When attached, above, or in a basement of the primary residence, an accessory second dwelling unit is subject to the same height limitation as the primary residence. When detached from the primary residence, an accessory second dwelling unit is limited to a single story or 15 feet, whichever is less. Height of an accessory second dwelling unit is measured according to the underlying zone. 4. Height. An accessory dwelling unit shall not exceed the height limit for the primary residence in accordance with the underlying zone. 5. Development Standard Exceptions. The accessory second dwelling units shall conform to the underlying zoning and land use development standard requirements in regards to the main or primary residence setbacks with the following exceptions: a. All attached second-story second accessory floor dwelling units shall be subject to the same setbacks as the primary residence in accordance with the underlying zone. located a minimum of 10 feet from any interior side or rear lot lines. b. Detached single-story accessory dwelling units are allowed in the required side and rear setback subject to the accessory structure provisions in Section 19.58.020. bc. For lots with up-slopes between the side or rear of the house, and the interior side or rear property line, required yard setbacks are measured from the toe of slope. cd. For lots with down-slopes between the side or rear of the house, and the interior side or rear property line, required yard setbacks shall be measured from the top of slope. de. A detached accessory second dwelling unit shall be located a minimum of 126 feet from a primary residence. f. An existing, detached garage that is converted to an accessoryan accessory second dwelling unit is not subject to the setback requirements. If a new accessory second dwelling unit is located above an existing detached garage, it shall have a minimum five foot setback from the rear and side yard property line. 6. Lot Coverage. Accessory second dwelling units and all other structures on the lot are limited to the maximum lot coverage permitted according to the underlying zone. A detached accessory second dwelling unit and all other detached accessory structures shall not occupy more than 30 percent of the required rear yard. 7. Access and Parking. Parking for an ASDUaccessory dwelling unit is not required whenin any of the following instancessituations exists and the ADSU: i. The accessory dwelling unit Iis within aone- half mile from public transit. ii. The accessory dwelling unit Iis within an architecturally and historically significant historic district. iii. The accessory dwelling unit Iis part of an existing primary residence or an existing accessory structure. iv. The accessory dwelling unit Iis in an area where on-street parking permits are required, but not offered to the occupant of the ASDUaccessory dwelling unit. v. The accessory dwelling unit Iis located within one block of a car share area. 8. Accessory second dwelling units not meeting any of the above requirementslocated in any of the above situations, and the primary residence shall adhere to shall be subject to the following access and parking regulations: a. Accessory second dwelling units shall be provided with one standard-sized parking x 19space for studio and , one-bedroom units, or two-bedroom units; orand two standard-sized parking spaces for units with three two or more bedrooms. These spaces may be provided as tandem parking on an existing driveway provided that access to the garage for the primary dwelling is not obstructed. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life conditions. b. The required parking space(s) shall be on the same lot as the accessory second dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170. c. Notwithstanding CVMC 19.62.190, if the accessory dwelling unit involves the conversion of an existing garage used by the primary residence, a replacement garage shall be provided prior to, or concurrently with, the garage conversion of the garage into the accessory dwelling unit. If the existing driveway is no longer necessary for the access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from CVMC 19.58.022(C)(7). c. If the addition of an accessory second dwelling unit involves the conversion of an existing garage used by the primary residence, a replacement two-car garage, per CVMC 19.62.190, shall be provided prior to or concurrently with the conversion of the garage into the accessory second dwelling unit. If the existing driveway is no longer necessary for the access to the converted garage or other required parking, the paving for said driveway shall be removed and appropriate landscaping shall be installed in its place. d. The aAccess to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory second dwelling unit and served by a panhandle or easement access, the access must be a minimum 20 feet in width. e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. An encroachment permit from the City Engineer shall be obtained for any new or widened curb cuts. f. The Zoning Administrator may approve the use of an existing driveway and curb cut if the primary residence driveway is 50 feet deep or deeper as measured from the back of the public sidewalk to the front of the primary structure, and vehicular ingress and egress does not interfere with the normal use of the driveway for access to the primary gf. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, stand pipes or meters, and be in compliance with CVMC 19.62.150. h. Tandem parking may be allowed to satisfy required parking for an accessory second dwelling unit if it is consistent with all other requirements of this section. i. Parking screening consisting of a decorative wall, fence, landscaping or other technique satisfactory to the Zoning Administrator shall be provided to screen the required parking spaces from public view. If a gate is used to screen the required parking space(s) from public view, an automatic gate/door opener shall be provided and maintained for the duration of the use. Parking shall not be allowed in a location where an RV parking permit has been issued for the storage of a recreational vehicle. g. Parking for accessory second dwelling units shall not be allowed in a location where ana recreational vehicle (RV) parking permit has been issued for the storage of an RV. jihg. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory second dwelling unit to the street, the paving shall be a minimum 12 feet wide. kjih. All required parking spaces or garage shall be kept clear for parking purposes only. This requirement shall be included in the land use agreement for the proposed accessory second dwelling unit. 8. Existing previously conforming situations. For the purpose of evaluating existing previously conforming structures or uses for compliance with Chapter 19.64 CVMC, the addition of an accessory second dwelling unit shall be considered an addition to the primary residence. Required corrections of any previously conforming situations shall occur prior to or concurrent with the addition of the accessory second dwelling unit. In the event that the primary residence does not include a two-car garage, plans and permits for an accessory second dwelling unit shall include the construction of a two-car garage for the primary residence, per CVMC 19.62.170. The garage shall be conveniently located to serve the primary residence. 9. Utilities. The accessory second dwelling unit within a single-family residential zone that is contained within the existing space of a single-family residence or accessory structure and which has independent exterior access shall be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory second dwelling unit. Accessory dwelling units that are not contained within the existing space of a single-family residence or accessory structure shall be served by their own separate water and sewer lateral connections. Separate electric meter and addresses shall be provided for the separate accessory dwelling units. 10. Waste and Recycling. In accordance with CVMC Chapters 8.24 and 8.25 CVMC, the property owner shall establish and maintain a single refuse and recycling collection service account from the City or its solid waste and recycling contractor for both the primary residence and the accessory second dwelling unit. 110. Design Standards. The lot shall retain a single-family appearance by incorporating matching architectural design, building materials and colors of the primary dwelling with the proposed accessory second dwelling unit, and any other accessory structure built concurrently with the accessory second dwelling unit. However, the primary residence may be modified to match the new accessory second dwelling unit. Color photographs of the four sides of the primary residence shall be submitted as part of the accessory second dwelling unit building permit application. The accessory second dwelling unit shall be subject to the following development design standards: a. Matching architectural design components shall be provided between the primary residence, accessory second dwelling unit, and any other accessory structures. These shall include, but are not limited to: i. Window and door type, style, design and treatment; ii. Roof style, pitch, color, material and texture; iii. Roof overhang and fascia size and width; iv. Attic vents color and style; v. Exterior finish colors, texture and materials. b. The main entrance to an attached accessory second dwelling unit and, if applicable, a stairway leading to the unit, shall not be located on the same side of the building as the For detached accessory second dwelling units, the -family character, and shall not be clearly visible from the street serving as the main entrance to the primary residence. cb. A useable rear yard open space of a size at least equal to 50 percent of the required rear yard area of the underlying zone shall be provided contiguous to the primary residence. Access to this open space shall be directly from a common floor space area of the primary residence such as living or dining rooms, kitchens or hallways, and without obstruction or narrow walkways. dc. A useable open space that has a minimum dimension of six feet, and an area not less than 60 square feet in area shall be provided contiguous to an accessory second dwelling unit. A balcony or deck may satisfy this requirement for second story units. ed. A minimum three-foot-wide pedestrian walk that connects the accessory second dwelling unit with its required parking space(s) and the public sidewalk shall be provided. The pedestrian walk shall be strategically located to provide the shortest walking distance to parking or the street. fe. Windows on second story accessory second dwelling units shall should be staggered and oriented away from adjacent residences closer than 10 feet. The location and backyard and living space windows. gf. Trash and recycling containers must be stored between pick-up dates in an on-site location that is screened from public view and will not compromise any required open space areas. 1211. Designated Historical Sites. An accessory second dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory second dwelling unit meets corresponding historical preservation requirements in place at the time the accessory second dwelling unit is built, and complies with the requirements of this section including the following: a. Regardless of the lot size that qualifies the property for an accessory second dwelling unit, tThe accessory second dwelling unit shall be detached and located behind the primary residence or historic structure. b. The construction of the accessory second dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures. c. The accessory second dwelling unit shall be designed in substantially the same architectural style and finished materials composition as the primary residence or historic structure. d. Construction of an accessory second dwelling unit shall not result in demolition, alteration or movement of the primary residence/any historic structures house and any other on-site features that convey the historic significance of the structure house and site. e. If the an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory second dwelling unit on the site. 13. Inspections. The addition of an accessory second dwelling unit to a property shall include two site inspections at the following times: a. Prior to the approval of the building permit, the Planning Division staff shall conduct a field inspection to verify the drawings submitted for the permit are accurate with regard to grading, on-site building location, primary residence design color and materials composition, location of adjacent structures, etc. Any discrepancies on the drawings must be corrected so that the subject property and resulting structures are in compliance with this section and other related sections of the CVMC. b. Prior to or concurrent with the final inspection of the new accessory second dwelling unit and the issuance of an occupancy permit by the Building Official, Planning Division staff shall conduct an inspection of the lot to verify that the accessory second dwelling unit has been constructed and the lot has been improved per the approved plans, and that the required land use agreement outlining the accessory second dwelling unit requirements has been filed and recorded and complied with prior to occupancy. 142. Occupancy Requirement. At the time a building permit is issued and continuously thereafter, the property owner(s) of the property shall reside on the lot on which the accessory second dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists: sisted living or nursing facility. b. The property owner is required to live outside the San Diego region as a condition of employment. c. The property owner is required to live elsewhere to care for an immediate family member. d. The current property owner has received the property as the result of the settlement of an estate. 153. Land Use Agreement. Concurrent with the issuance of building permits for the construction of an accessory second dwelling unit, the property owner shall sign a land use agreement prepared by the City which sets forth the occupancy and use limitations prescribed in this section. This agreement will be recorded by the City Clerk with the County of San Diego Recorder on title to the subject property. This agreement shall run with the land, and inure to the benefit of the City of Chula Vista. 174. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. 15. Recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following: (a) A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (b) A restriction on the size and attributes of the accessory dwelling unit that conforms with this section. D. Annual Report. An annual report outlining the number of accessory second dwelling units, their size, number of bedrooms and number of parking spaces provided shall be prepared by the Zoning Administrator and presented to the Planning Commission in January of every year for the purpose of monitoring the construction of accessory second dwelling units. The Planning Commission may recommend to the City Council changes to this section based on their evaluation of the annual report. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 3074 § 1, 2007; Ord. 2957 § 1, 2004; Ord. 2951 § 1, 2004; Ord. 2897 § 6, 2003). 9.58.022(a) Junior Accessory Second Dwelling Units. A. shall means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. B. In single-family residential zones, a junior accessory dwelling unit is permitted and shall meet all of the following: 1) One junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family residence already built, and no ADU or guest house exists on the lot. 2) Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner- occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. 3) Recordation of a deed restriction is required, which shall run with the land, and shall be filed with the permitting agency, and shall include both of the following: (Aa) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (Bb) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. 4) A permitted junior accessory dwelling unit shall be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom. 5) A separate entrance from the main entrance to the structure is required, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation. 6) An efficiency kitchen for the junior accessory dwelling unit is required, and shall include: (Aa) A sink with a maximum waste line diameter of 1.5 inches. (Bb) A cooking facility with appliances that do not require electrical service greater than 120 volts, or natural or propane gas. (Cc) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. C.7) Additional parking is not required for a junior accessory dwelling unit. ED. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. Section II. Chapter 19.04DEFINITIONS 19.04.087 Dwelling, accessory second dwelling unit. 19.04.087 Dwelling, accessory second dwelling unit. second provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. Section III. Chapter 19.20AGRICULTURAL ZONE 19.20.030 Accessory uses and buildings. Accessory uses and buildings customarily incidental to any of the above uses permitted in the agriculture zone, subject to the regulations for such as required herein, include: I. Accessory second dwelling units, subject to the provisions of CVMC 19.58.022. Section IV. Chapter 19.22R-E RESIDENTIAL ESTATES ZONE 19.22.030 Accessory uses and buildings. Accessory uses and buildings customarily incidental to any of the above uses shall be permitted in the R-E zone subject to the regulations herein: H. Accessory second dwelling units, subject to the provisions of CVMC 19.58.022; Section V. Chapter 19.24R-1 SINGLE-FAMILY RESIDENCE ZONE 19.24.030 Accessory uses and buildings. Accessory uses permitted in the R-1 zone include: K. Accessory second dwelling units or Junior accessory dwelling units , subject to the provisions of CVMC 19.58.022; Section VI. Chapter 19.26 R-2 ONE- AND TWO-FAMILY RESIDENCE ZONE 19.26.030 Accessory uses and buildings. The following are the accessory uses permitted in an R-2 zone: G. Accessory dwelling units or junior accessory dwelling units on lots developed with a single-family dwelling, subject to the provisions of CVMC 19.58.022; Section VII. Chapter 19.28 R-3 APARTMENT RESIDENTIAL ZONE 19.28.030 Accessory uses and buildings. Accessory uses and buildings in the R-3 zone include: H. Accessory dwelling units or junior accessory dwelling units on lots developed with a single-family dwelling, subject to the provisions of CVMC 19.58.022. Section VIII. Chapter 19.48P-C PLANNED COMMUNITY ZONE Sections: 19.48.145 P-C zone Accessory second dwelling units. 19.48.145 P-C zone Accessory second dwelling units. Accessory second dwelling units or junior accessory dwelling units may be permitted within single-family residential areas within the planned community zone subject to the provisions of CVMC 19.58.022 and the provisions of the respective general development plans and sectional planning area plans for each particular planned community. Section IX. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section X. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section XI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section XII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: _____________________________________ ____________________________ Kelly G. Broughton, FASLA Glen R. Googins Director of Developmental Services City Attorney