HomeMy WebLinkAboutOrd 2018-3424ORDINANCE NO. 3424
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 3.32
(RESIDENTIAL CONSTRUCTION TAX) TO EXEMPT
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS FROM THE RESIDENTIAL
CONSTRUCTION TAX AND AMENDING CHAPTER 17.10
(PARKLANDS AND PUBLIC FACILITIES) TO WAIVE
ASSESSMENT OF PARKLAND ACQUISITION AND
DEVELOPMENT FEES FOR ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS
WHEREAS, Chula Vista Municipal Code (CVMC) Chapter 3.32 requires that all
residential development constructed in the City of Chula Vista be assessed a residential
construction tax (RCT) to generate revenue to offset the burden imposed upon the public
facilities and infrastructure of the City as a result of new residential development; and
WHEREAS, CVMC Section 3.32.050 provides for waiving the RCT for dwelling units in
the City that would serve as housing for low- and moderate-income families with the
recommendation of the Planning Commission; and
WHEREAS, CVMC Section 17.10.010 requires that new residential development
dedicate land and develop improvements for park and recreation purposes; and
WHEREAS, CVMC Section 17.10.070 allows for the payment of in-lieu Parkland
Acquisition and Development (PAD) Fees for land dedication and park development
improvements; and
WHEREAS, CVMC Section 17.10.070 provides for waiving PAD Fees by resolution of
the City Council in the interests of stimulating the construction of housing for low- and
moderate-income families; and
WHEREAS, in January 2017, the State of California enacted 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 (ADU’s) and Junior Accessory
Dwelling Units (JADU’s); and
WHEREAS, in conjunction with this item, the City Council is considering an ordinance
that revises Title 19 “Planning and Zoning” of the CVMC to address amendments required by
Senate Bill 1069 and Assembly Bill 2299; and
WHEREAS, the findings in Government Code Section 65852.150(b) as amended by
Senate Bill 1069 indicate that ADUs are an essential component of California’s housing supply
and that the intent of the legislation is to ensure that fees among other local agency imposed
requirements are not arbitrary, excessive, or burdensome to unreasonably restrict the ability of
homeowners to create ADUs in zones in which they are authorized; and
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WHEREAS, waiving the RCT and PAD Fees assessed on building permits for ADU’s
and JADU’s is in accordance with the stated intent in Government Code Section 65852.150; and
WHEREAS, the City Council has reviewed the proposed action for compliance with the
California Environmental Quality Act (CEQA) and hereby finds and determines that the action is
not a “Project” as defined under Section 15378 of the State 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 City Council also hereby finds and determines 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.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. The following paragraph is hereby added to the end of Section 3.32.030
“Definitions.”, part “A” of the CVMC:
The term “dwelling unit” for the purposes of this chapter excludes “Accessory Dwelling
Units” or “Junior Accessory Dwelling Units” as defined in CVMC 19.58.022 and
19.58.022(a), respectively.
Section II. Section 3.32.050 “Waiver of tax requirements.” of the CVMC is hereby
replaced in its entirety with the following:
Resolution of City Council. The City Council may, by resolution, waive this tax for any
of the said dwelling-unit types listed hereinabove in this chapter to be constructed or
converted within the already developed and previously subdivided urban core of the city
or for any dwelling unit types constructed anywhere within the city that would serve as
housing for low- or moderate-income families.
Section III. The following part “C” is hereby added to the end of Section 17.10.070
“In-lieu fees for dedication and/or park development improvements.” of the CVMC:
C. Land Uses Exempt from In-Lieu Fees. “Accessory Dwelling Units” and “Junior
Accessory Dwelling Units” as defined in CVMC 19.58.022 and 19.58.022(a),
respectively, are exempt from payment of in-lieu fees for park land dedication and park
development as they offer lower cost housing supply to low- and moderate-income
families.
Section IV. 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.
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Section V. 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 VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VII. 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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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development 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. 3424 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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