HomeMy WebLinkAboutMPA18-0010RESOLUTION NO. MPA18-0010
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 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, 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
WHEREAS, staff prepared said minor amendments to the ADU Ordinance; and
WHEREAS, 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 "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 Director of Development Services has
also determined that the action qualifies for an Exemption pursuant to Section 15061(b)(3) of the
PC Resolution MPA 18-0010
October 24, 2018
Page -2-
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, a hearing time and place was set by the Planning Commission to consider
the minor ADU Ordinance 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 (10)
days prior to the hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
said minor ADU Ordinance amendments at the time and place as advertised in the City Council
Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt an ordinance 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.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
Presented by:
r
Kell ghton, FSLA
Director of Development Services
Approved as to
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th day of October, 2018, by the following vote, to -wit:
AYES: Burroughs, Calvo, Milburn, Nava, Zaker
NOES: 0
ABSENT: Gutierrez
ABSTAIN: 0
a e Gu ierrez, Chair
ATTEST:
ri -
(—P tricia Sal ac' n, Secretary