HomeMy WebLinkAboutOrd 2019-3465ORDINANCE NO. 3465
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022
(ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR
ACCESSORY DWELLING UNITS) TO REMOVE THE OWNER
OCCUPANCY REQUIREMENT
WHEREAS, the State of California, in order to reduce barriers and create opportunities for
residential property owners to build accessory dwelling units as affordable housing stock, enacted
Senate Bill 13 (Accessory Dwelling Units), on October 9, 2019; and
WHEREAS, Senate Bill 13 prohibits local jurisdictions from requiring a property owner
to live on the property that contains an accessory dwelling unit; and
WHEREAS, Senate Bill 13’s prohibition of owner occupancy requirements is effective
from January 1, 2020 until January 1, 2025; and
WHEREAS, Chula Vista Municipal Code Sections 19.58.022 (Accessory Dwelling Units)
and 19.58.023 (Junior Accessory Dwelling Units) include owner occupancy requirements which
must now be held in abeyance until January 1, 2025; and
WHEREAS, the proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project”
as defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been
determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act State Guidelines. Thus, no environmental review is
required.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
fo llo ws:
Section I. Substantive Action
Section 19.58.022(C)(12) of the Chula Vista Municipal Code is amended as follows:
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:
a. The property owner’s health requires them to temporarily live in an assisted living or nursing
facility.
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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.
This Section 19.58.022(C)(12) shall be held in abeyance until January 1, 2025.
Section 19.58.023(B)(2) of the Chula Vista Municipal Code is amended as follows:
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.
This Section 19.58.023(B)(2) shall be held in abeyance until January 1, 2025.
Section II. 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 III. 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 IV. Effective Date
This Ordinance shall take effect and be in force on January 1, 2020.
Section V. 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 Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of November 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
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. 3465 had its first reading at a regular meeting held on the 5th day of November
2019 and its second reading and adoption at a regular meeting of said City Council held on the
12th day of November 2019; 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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