HomeMy WebLinkAboutOrd 2018-3423Ordinance No. 3423
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i. The accessory dwelling unit is within one-half mile from public transit stop.
ii. The accessory dwelling unit is within an architecturally and historically significant
historic district.
iii. The accessory dwelling unit is part of a proposed or existing primary residence or an
existing accessory structure.
iv. The accessory dwelling unit is in an area where on-street parking permits are required,
but not offered to the occupant of the accessory dwelling unit.
v. The accessory dwelling unit is located within one block of a car share area.
8. Accessory dwelling units not meeting any of the above requirements shall be subject to the
following access and parking regulations:
a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space
per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on an
existing driveway provided that access to the garage for the primary residence is not obstructed.
Off-street parking shall be permitted in setback areas in locations 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 safety conditions.
b. The required parking space(s) shall be on the same lot as the accessory 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, when a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an accessory dwelling unit, or is converted to
an accessory dwelling unit that was previously used by the primary residence, replacement
parking shall be provided prior to, or concurrently with, the conversion of the garage into the
accessory dwelling unit. The replacement parking may be located in any configuration on the
same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered
spaces, tandem spaces, or by the use of mechanical automobile parking lifts. 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).
d. Access 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 permit ted.
For any lot proposing an accessory 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. 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.
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Ordinance No. 3423
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g. 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
dwelling unit to the street, the paving shall be a minimum 12 feet wide.
h. All required parking spaces shall be kept clear for parking purposes only.
9. Utilities. The accessory 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 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. Design Standards. The lot shall retain a single-family appearance by incorporating matching
architectural design, building materials and colors of the primary residence with the accessory
dwelling unit, and any other accessory structure built concurrently with the accessory dwelling
unit. However, the primary residence may be modified to match the new accessory dwelling unit.
The accessory dwelling unit shall be subject to the following development design standards:
a. Matching architectural design components shall be provided between the primary residence,
accessory 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. 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.
c. 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 dwelling unit. A balcony or deck
may satisfy this requirement for second story units.
d. Windows on second story accessory dwelling units should be staggered and oriented away
from adjacent residences closer than 10 feet. The location and orientation of balconies or decks
shall also be oriented away from adjacent neighbors’ backyard and living space windows.
e. 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.
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Ordinance No. 3423
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6) An efficiency kitchen for the junior accessory dwelling unit is required, and shall include:
(a) A sink with a maximum waste line diameter of 1.5 inches.
(b) A cooking facility with appliances that do not require electrical service greater than
120 volts or natural or propane gas.
(c) A food preparation counter and storage cabinets that are of reasonable size in relation
to the size of the junior accessory dwelling unit.
C. Additional parking is not required for a junior accessory dwelling unit.
D. 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 19.04 DEFINITIONS
19.04.087 Dwelling, accessory dwelling unit.
19.04.087 Dwelling, accessory dwelling unit.
“Accessory dwelling units or junior accessory dwelling units” are independent living facilities of
limited size that 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 19.20 AGRICULTURAL 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 dwelling units, subject to the provisions of CVMC 19.58.022.
Section IV.
Chapter 19.22 R-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:
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H. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
Section V.
Chapter 19.24 R-1 – SINGLE-FAMILY RESIDENCE ZONE
19.24.030 Accessory uses and buildings.
Accessory uses permitted in the R-1 zone include:
K. 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 on lots developed with a proposed or 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 on lots developed with a proposed or single-family dwelling,
subject to the provisions of CVMC 19.58.022.
Section VIII.
Chapter 19.48 P-C – PLANNED COMMUNITY ZONE
Sections:
19.48.145 P-C zone – Accessory dwelling units.
19.48.145 P-C zone – Accessory dwelling units.
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.
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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.
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Ordinance No. 3423
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Developmental Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of April 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3423 had its first reading at a regular meeting held on the 10th day of April 2018
and its second reading and adoption at a regular meeting of said City Council held on the 24th
day of April 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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5/7/2018