HomeMy WebLinkAboutOrd 2018-3448ORDINANCE NO. 3448
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE, SECTION 19.58.022
(ACCESSORY DWELLING UNITS); CHAPTER 19.26 (ONE
AND TWO-FAMILY RESIDENCE ZONE); AND CHAPTER
19.28 (APARTMENT RESIDENTIAL ZONE); WITH REGARD
TO ACCESSORY DWELLING UNITS
WHEREAS, in January 2017, the State of California enacted the following laws: Senate
Bill 1069; Assembly Bill 2299; and Assembly Bill 2406; and in January 2018 Senate Bill 229;
and Assembly Bill 494 to address the statewide affordable housing demand by requiring a
ministerial approval process and limiting regulatory requirements for Accessory Dwelling Units
(ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, on April 24, 2018, the City Council adopted Accessory Dwelling Unit
(ADU) and Junior Accessory Dwelling Unit (JADU) Ordinance No. 3423, regulating ADU and
JADU development; and
WHEREAS, Chula Vista Municipal Code (CVMC) Section 19.58.022(C)(9) requires a
separate water and sewer connection for new detached ADUs; and
WHEREAS, since the ADU Ordinance went into effect, staff has heard customer
concerns regarding the separate water and sewer connection requirement stating that this is cost
prohibitive to build a new detached ADU; and
WHEREAS, staff reviewed the recently passed State laws AB 494 and SB 229 and found
that these laws do not preclude jurisdictions from requiring a separate water and sewer
connection for new detached ADUs; and
WHEREAS, staff surveyed several municipalities in the State and found that these
municipalities do not require a separate water and sewer connection; and
WHEREAS, staff agrees that the separate water and sewer connection requirement for
new detached ADUs may be cost prohibitive for property owners; and
WHEREAS, the ADU Ordinance will retain compliance with State law with the removal
of the separate water and sewer connection requirement; and
WHEREAS, staff made additional minor amendments to clarify content in certain
sections in the ADU Ordinance; and
WHEREAS, staff found some minor grammatical errors in the ADU Ordinance that need
to be corrected; and
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WHEREAS, staff prepared said minor amendments to the ADU Ordinance; and
WHEREAS, on October 24, 2018 the City of Chula Vista Planning Commission held an
advertised public hearing on the ADU Ordinance minor amendments and voted 5-0-0-2 to adopt
Resolution No. MPA18-0010 and thereby recommended that the City Council adopt the ADU
Ordinance minor amendments; and
WHEREAS, the City Council reviewed the proposed legislative action for compliance
with the California Environmental Quality Act (CEQA) and determined 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. In
addition, notwithstanding the foregoing, the City Council has also determined that the action
qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines
because it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment. Therefore, no further environmental review is
required; and
WHEREAS, the City Council set the time and place for a hearing on the subject ADU
Ordinance minor 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 City Council held a duly noticed public hearing on said ADU Ordinance
minor amendments at a time and place as advertised in the Council Chambers located at 276
Fourth Avenue and said hearing was therefore 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
19.58.022 Accessory dwelling units.
A. The purpose of this section is to provide regulations for the establishment of accessory
dwelling units in compliance, inter alia, with California Government Code Section 65852.2. Said
units may be located in residential zone districts where adequate public facilities and services are
available. Accessory dwelling units are a potential source of affordable housing and shall not be
considered in any calculation of allowable density for 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 dwelling units shall not be considered a separate dwelling unit for the
purpose of subdividing the property into individual condominium or lot ownership.
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B. For the purposes of this section, the following words are defined:
“Above” shall mean an accessory 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.
“Accessory dwelling unit” shall mean an attached or detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as
the single-family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Attached” shall mean a wall, floor, or ceiling of an accessory dwelling unit is shared with the
primary residence on the property.
“Basement” shall mean the same as defined in CVMC 19.04.026.
“Behind” shall mean an accessory dwelling unit constructed either entirely between the rear of
the primary residence and the rear property line, or at the side of the primary residence, and 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.1).
“Buildable pad area” shall mean the level finish grade of the lot not including slopes greater than
50 percent grade (Exhibit B.2).
“Detached” shall mean an accessory dwelling unit separated from the primary residence as
specified in subsection (C)(5)(d) of this section.
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“Living area” shall mean the interior habitable area of a dwelling unit including basements and
attics, but does not include garages or any accessory structure.
“Primary residence” shall mean a proposed or existing single-family dwelling constructed on a
lot as the main permitted use by the zone on said parcel.
“Tandem parking” shall mean two or more vehicles parked on a driveway or in any other
location on the lot lined up behind one another.
C. Accessory dwelling units shall be subject to the following requirements and development
standards:
1. Zones. Accessory dwelling units may accompany a proposed or an existing primary residence
in single family zones, on multi-family zoned lots developed with a single-family residence, or
similarly zoned lots in the Planned Community (PC) zone. Accessory dwelling units or junior
accessory dwelling units are not permitted on lots developed with condominiums, townhomes,
apartments, or similar multi-family developments. Construction of a primary residence can be in
conjunction with the construction of an accessory dwelling unit. Where a guesthouse or other
similar accessory living space exists, accessory and junior accessory dwelling units are not
permitted. The conversion of a guest house, other similar living areas, or other accessory
structures into an accessory dwelling unit is permitted, provided the conversion meets the intent
and property development standards of this section, and all other applicable CVMC
requirements. Accessory 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.
2. Unit Size. The total floor space of an attached or detached accessory dwelling unit shall not
exceed 50 percent of the living area of the primary residence or 1,200 square feet whichever is
less. The original buildable pad area of a lot may be increased through regrading and/or use of
retaining walls or structures as allowed for a specific lot.
3. Unit Location. Accessory dwelling units are prohibited in the required front setback.
4. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height
limit for the primary residence in accordance with the underlying zone.
5. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying
zoning and land use development requirements for primary residences with the following
exceptions:
a. New detached single-story accessory dwelling units are allowed a setback of no less than five
feet from the side and rear lot lines.
b. For lots with up-slopes between the property line and the side or rear of the house, required
yard setbacks are measured from the toe of slope.
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c. For lots with down-slopes between the property line and the side or rear of the house, required
yard setbacks shall be measured from the top of slope.
d. A new detached accessory dwelling unit shall be located a minimum of 6 feet from a primary
residence.
e. No setback shall be required for an existing garage that is converted to an accessory dwelling
unit or to a portion of an accessory dwelling unit, and a setback of no less than five feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a
garage.
6. Lot Coverage. Other than conversions of other structures, new accessory dwelling units and all
other structures on the lot are limited to the maximum lot coverage permitted according to the
underlying zone. Other than conversions of other structures, a new detached accessory dwelling
unit and all other detached accessory structures combined, shall not occupy more than 30 percent
of the required rear yard setback.
7. Parking. Parking for an accessory dwelling unit is not required in any of the following
instances:
i. The accessory dwelling unit is within one-half mile from a 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 accessor y 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.
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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 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 permitted.
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. A construction 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.
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. An accessory dwelling unit may 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.
10. Design Standards. The lot shall retain a single-family appearance by incorporating matching
architectural design, building materials and colo rs 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;
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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 backyards 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.
11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or
historical sites, provided the location and design of the accessory dwelling unit meets
corresponding historical preservation requirements in place at the time the accessory dwelling
unit is built, and complies with the requirements of this section including the following:
a. The accessory dwelling unit shall be located behind a primary residence that is determined to
be a historic resource.
b. The construction of the accessory 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 dwelling unit shall be designed as to have a distinguishable architectural style
and finished materials composition from the historic primary residence or structure.
d. Construction of an accessory dwelling unit shall not result in demolition, alteration or
movement of any historic structures and any other on-site features that convey the historic
significance of the structure and site.
e. If 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 dwelling unit on the site.
12. Occupancy Requirement. At the time of building permit submittal, and continuously
thereafter, the property owner(s) shall reside on the lot on which the accessory 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:
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a. The property owner’s health requires them to temporarily live in an assisted living or nursing
facility.
b. The property owner is required to live outside the San Diego region as a condition of
employment or military service.
c. The property owner is required to live elsewhere to care for an immediate family member.
d. The property owner has received the property as the result of the settlement of an estate.
13. Land Use Agreement. Concurrent with the issuance of building permits for the construction
of an accessory dwelling unit, the property owner shall sign and notarize a land use agreement
which sets forth the occupancy and use limitations prescribed in this section. This agreement will
be recorded 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.
14. 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 to this
section.
19.58.023 Junior Accessory Dwelling Units.
A. Definition: “Junior accessory dwelling unit” shall mean a unit that is no more than 500 square
feet in size and contained entirely within an existing single-family residence. A junior accessory
dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the
existing residence.
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
residence 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.
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3) Recordation of a deed restriction is required, shall run with the land, and shall be filed
with the permitting agency, and shall include both of the following:
(a) 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.
(b) A restriction on the size and attributes of the junior accessory dwelling unit that
conforms to this section.
4) A permitted junior accessory dwelling unit shall be constructed within the existing walls
of the single-family residence and require the inclusion of an existing bedroom.
5) A separate entrance from the main entrance to the single-family residence 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:
(a) A sink with a maximum waste line diameter of one and one-half 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 19.26 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 existing single-family
dwelling, subject to the provisions of CVMC 19.58.022;
Section III.
Chapter 19.28 R-3 – APARTMENT RESIDENTIAL ZONE
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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 existing single-family
dwelling, subject to the provisions of CVMC 19.58.022.
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.
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 Developmental Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas 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. 3448 had its first reading at a regular meeting held on the 27th day of November
2018 and its second reading and adoption at a regular meeting of said City Council held on the
11th day of December 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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12/18/2018