HomeMy WebLinkAboutItem 5 - Attachment 2-102220 FINAL Draft CC ADU-JADU Ord strikeout-underline
ORDINANCE NO.________
ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE,
SECTIONS 19.58.022 (ACCESSORY DWELLING UNIT)
AND 19.58.023 (JUNIOR ACCESSORY DWELLING
UNITS); AND CHAPTERS 19.22 (RESIDENTIAL
ESTATES ZONE); 19.24 (SINGLE-FAMILY
RESIDENCE); 19.26 (ONE-AND TWO-FAMILY
RESIDENCE ZONE); 19.28 (APARTMENT
RESIDENTIAL ZONE); 19.30 (ADMINISTRATIVE
AND PROFESSIONAL OFFICE ZONE); 19.36
(CENTRAL COMMERCIAL ZONE); 19.48 (PLANNED
COMMUNITY ZONE); AND 19.84 (BAYFRONT
SPECIFIC PLAN-LAND USE ZONES)
WHEREAS, in January 2020, the State of California enacted the following laws:
Senate Bill 13; Assembly Bill 68; and Assembly Bill 881 that established new provisions
for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs);
and
WHEREAS, on October 1, 2019, the City Council adopted Ordinance No. 3465,
amending the ADU and JADU Ordinances by regulating ADU and JADU development
fees and the owner occupancy requirement; and
WHEREAS, on November 27, 2018, the City Council adopted Ordinance No.
3448, amending the ADU and JADU Ordinances to remove the separate water and sewer
connection requirement, make minor amendments to clarify content in certain sections,
and correct minor grammatical errors; and
WHEREAS, on April 24, 2018, the City Council adopted Ordinance No. 3423,
amending the ADU and JADU Ordinances to incorporate new requirements to bring into
conformance with new state laws; and
WHEREAS, the new state laws require jurisdictions to adopt the standards
provided therein to amend local ADU and JADU ordinances; and
WHEREAS, staff found that the current the ADU and JADU Ordinances (CVMC
19.58.022 and 19.58.023 respectively), and Chula Vista Municipal Code (CVMC)
Chapters 19.22, 19.24, 19.26, 19.28, 19.30, 19.36, 19.48, and 19.84 are not in compliance
with the state laws and need to incorporate the new standards to be in compliance; and
WHEREAS, staff recommends amendments to certain sections in the ADU and
JADU Ordinances, and Chapters 19.22, 19.24, 19.26, 19.28, 19.30, 19.36, 19.48, and
19.84 to be in compliance with the new state laws; and
WHEREAS, on DATE, 2020 the City of Chula Vista Planning Commission held
an advertised public hearing on the ADU and JADU Ordinances and associated
amendments and voted X-X-X-X to adopt Resolution No. MPA20-0002 and thereby
recommended that the City Council adopt the ADU and JADU Ordinances and associated
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
amendments to the ADU and JADU Ordinances, and CVMC Chapters 19.22, 19.24,
19.26, 19.28, 19.30, 19.36, 19.48, and 19.84 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 and
JADU Ordinance and associated 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 areas zoned to allow single-family or multifamily
dwelling residential useresidential 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.
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 accessory
building in the rear yard.
“Accessory dwelling unit” shall means an attached or a detached residential dwelling
unit that provides complete independent living facilities for one or more persons and is
located on a lot with a proposed or existing primary residence.. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be 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).
Commented \[MWS1\]: Delete
“Detached” shall mean an accessory dwelling unit separated from the primary residence
as specified in subsection (C)(65)(bd) of this section.
“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(s)” shall mean a proposed or existing single-family dwelling or
existing multifamily dwellings 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 can be created in areas zoned to allow single-family
or multi-family dwelling residential use.may A Coastal Development Permit may be
required for accessory dwelling units within the coastal zone.accompany a proposed or an
existing primary residence in single-family zones, on multifamily 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 multifamily
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. Number of Accessory Dwelling Units Permitted
a. An accessory dwelling unit is permitted on a lot with a proposed or existing
single-family dwelling unit.
b. Multiple accessory dwelling units are permitted within portions of multifamily
buildings that are not used as liveable space including, but not limited to storage
rooms, boiler rooms, passageways, attics, basements, or garages.
c. A minimum of one accessory dwelling unit, or up to 25% of the existing
multifamily units, is permitted within an existing multifamily dwelling.
d. Up to two (2) detached accessory dwelling units shall be permitted on a lot with
an existing multifamily dwelling.
3. 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.
Accessory dwelling units shall conform to the following size requirements:
a. The total floor area for an attached accessory dwelling unit shall not exceed 50
percent of the total floor area of the proposed or existing primary residence, 850
square feet, or 1,000 square feet for a unit that provides more than one bedroom,
whichever is greater.
b. An accessory dwelling unit of at least 800 square feet shall be permitted
regardless of floor area ratio, lot coverage or open space requirements of the
underlying zone.
c. The total floor area for a detached accessory dwelling shall not exceed 1,200
square feet.
Formatted: List Paragraph, Left, No bullets or numbering
d. An accessory dwelling unit within an existing accessory structure may be
Formatted: Indent: Left: 0.19", Hanging: 0.31", Numbered
increased by a maximum of 150 square feet beyond the same physical dimensions
as the existing accessory structure to accommodate ingress and egress.
+ Level: 1 + Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
43. Unit Location. Accessory dwelling units are prohibited in the required front setback.
Accessory dwelling units may be attached to or located within a proposed or existing
primary residence or accessory structure (including attached garages, storage areas or
similar structures). Accessory dwelling units may be detached from the primary
residence.
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: List Paragraph, Left, No bullets or numbering
Formatted: List Paragraph, Left, No bullets or numbering
Formatted: Indent: Left: 0.25", Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.5" + Indent at: 0.75"
54. 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.
65. 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. A Nnew detached single-story accessory dwelling units are is allowed a setback of no
less than fiveour 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.
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.
bd. A new detached accessory dwelling unit shall be located a minimum of six feet from
a primary residence.
ce. No setback shall be required for an existing garage, living area, or accessory structure
constructed in the same dimensions that is converted to an accessory dwelling unit or to a
portion of an accessory dwelling unit, and a setback of no less than fiveour feet from the
side and rear lot lines shall be required for an accessory dwelling unit that is constructed
above a garage.
df. Correction of nonconforming zoning conditions shall not be a condition for
ministerial approval of a permit application for the creation of an accessory dwelling unit.
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.Accessory
dwelling units are not subject to lot coverage.
7. Parking. Parking for an accessory dwelling unit is not required in any of the following
instances:
a. The accessory dwelling unit is within one-half mile from a public transit stop.
b. The accessory dwelling unit is within an architecturally and historically
significant historic district.
c. The accessory dwelling unit is part of a proposed or existing primary residence or
an existing accessory structure.
d. 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.
e. 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 life 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 is not required.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, standpipes 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. Dwelling units on Tthe lot shall shouldretain a single-family be
complimentary or compatible in appearance with each other 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 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:
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.
This subsection (C)(12) shall be held in abeyance until January 1, 2025.
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.
13. 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.
14. An application for an accessory dwelling unit that is deemed complete by the City
shall be considered and approved within 60 days if there is an existing single-family or
multifamily dwelling on the lot. If the application is submitted with an application to
create a new single-family dwelling on the lot, the application for the accessory dwelling
unit shall be considered and approved within 60 days of approval of the new single-
family dwelling.
15. Accessory dwelling units that are applied for after the effective date of this ordinance,
cannot be rented for less than 30 days.
16. Accessory dwelling units are exempt from the requirements of CVMC Section
12.24.030 Dedications-Required.
19.58.023 Junior Accessory Dwelling Units.
A. Definition: “Junior accessory dwelling unit” shall means a unit that is no more than
500 square feet in size and contained entirely within an the space of a proposed or
existing single-family structureresidence. 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 an existing or proposed single-family residence already built, and
no ADU or guest house exists on the lot.
2. One junior accessory dwelling unit and one accessory dwelling unit are allowed
on a lot with a primary residence.
23) 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.
This subsection (B)(2) shall be held in abeyance until January 1, 2025.
34) 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.
5.4. 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.
6.5. A separate entrance from the main entrance to the structure is proposed or
existing 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.
7.6. An efficiency kitchen for the junior accessory dwelling unit is required,
and shall include:
a. A sink with a maximum was line diameter of one and one-half inches.
b.a. A cooking facility with appliances that do not require electrical service greater
than 120 volts or natural or propane gas.
b. 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.
E. Correction of nonconforming zoning conditions shall not be a condition for ministerial
approval of a permit application for the creation of a junior accessory dwelling unit.
F. An application for a junior accessory dwelling unit that is deemed complete by the
City shall be considered and approved within 60 days if there is an existing single-family
dwelling on the lot.
G. Junior accessory dwelling units are exempt from the requirements of CVMC Section
12.24.030 Dedications-Required.
Formatted: Indent: Left: 0.75", No bullets or numbering
H. Junior accessory dwelling units that are applied for after the effective date of this
ordinance, cannot be rented for less than 30 days.
Section II.
Formatted: Numbered + Level: 1 + Numbering Style: a, b,
c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75"
Chapter 19.22 – R-E - RESIDENTIAL ESTATES ZONE
19.22.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height.
However, an increase in building height may be allowed subject to approval of a
conditional use permit. No accessory building shall exceed one and one-half stories or 15
feet in height except as provided in CVMC 19.16.040 and 19.58.022. The height of a
residential structure is measured from the highest point of the roof line to finished grade.
Section III
Chapter 19.24 R-1 - SINGLE-FAMILY RESIDENTIAL ZONE
19.24.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height;
however, an increase in building height may be allowed subject to approval of a variance.
No accessory building shall exceed one and one-half stories or 15 feet in height except as
provided in CVMC 19.16.040 and 19.58.022. The height of a residential structure is
measured from the highest point of the roof line to finished grade.
Section IV.
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, or an existing duplex subject to the provisions of CVMC 19.58.022;
19.26.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height;
however, an increase in building height may be allowed subject to approval of a variance.
No accessory building height shall exceed one and one-half stories or 15 feet in height
except as provided in CVMC 19.16.040 and 19.58.022. The height of a residential
structure is measured from the highest point of the roof line to finished grade.
Section V.
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 existing single-family
dwelling, or existing multifamily dwelling subject to the provisions of CVMC 19.58.022.
I. At least one accessory dwelling unit within an existing multifamily dwelling is
permitted and a up to 25 percent of the existing multifamily dwelling units subject to the
provisions of CVMC 19.58.022.
J. A maximum of two detached accessory dwelling units are permitted on lots with an
existing multifamily dwelling where such units are detached from that multifamily
dwelling.
K. Multiple accessory dwelling units may be permitted within portions of existing
multifamily dwelling buildings that are not used as living space including, but not limited
to, storage rooms; boiler rooms; passageways; attics; basements; or garages subject to the
provisions of CVMC 19.58.022.
19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as
follows:
1. No principal building shall exceed either two and one-half stories or 28 feet in height
and no accessory building shall exceed either two stories or 25 feet in height, except as
provided in CVMC 19.16.040 and CVMC 19.58.022.
Section VI.
Chapter 19.30 C-O - ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE
19.30.030 Accessory uses and buildings.
Accessory uses in the C-O zone are as follows:
B. At least one accessory dwelling unit within an existing multifamily dwelling is
permitted and a up to 25 percent of the existing multifamily dwelling units subject to the
provisions of CVMC 19.58.022.
BC. A maximum of two detached accessory dwelling units on lots with an existing multi-
family dwelling where such units are detached from that multifamily dwelling subject to
the provisions of CVMC 19.58.022.
D. Multiple accessory dwelling units may be permitted within portions of existing
multifamily dwelling buildings that are not used as living space including, but not limited
to, storage rooms; boiler rooms; passageways; attics; basements; or garages subject to the
provisions of CVMC 19.58.022.
19.30.060 Height regulations.
No principal building shall exceed three and one-half stories or 45 feet in height, and no
accessory building shall exceed one and one-half stories or 15 feet in height, except as
provided in CVMC 19.16.040 and 19.58.022.
Section VII.
CHAPTER 19.36 C-C - CENTRAL COMMERICAL ZONE
19.36.022 Accessory uses and buildings.
B. At least one accessory dwelling unit is permitted within existing multifamily
dwellings, and up to 25 percent of the existing multifamily dwelling units subject to the
provisions of CVMC 19.58.022.
BC. A maximum of two detached accessory dwelling units on lots with an existing multi-
family dwelling where such units are detached from that multifamily dwelling subject to
the provisions of CVMC 19.58.022.
D. Multiple accessory dwelling units may be permitted within portions of existing
multifamily dwelling buildings that are not used as living space including, but not limited
to, storage rooms; boiler rooms; passageways; attics; basements; or garages subject to the
provisions of CVMC 19.58.022.
19.36.050 Height Regulations.
A. The height of accessory dwelling units is subject to the provisions in 19.58.022.
Section -VIII.
Chapter 19.48 P-C – PLANNED COMMUNITY ZONE
19.48.145 P-C zone – Accessory dwelling units.
Accessory dwelling units and junior 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 CVMC 19.58.023, and the provisions of the
respective general development plans and sectional planning area plans for each
particular planned community.
Section -IX.
Chapter 19.84 BAYFRONT SPECIFIC PLAN-LAND USE ZONES
19.84.005 Residential Zones.
h. Accessory uses and buildings including:
v. Accessory dwelling units
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 XI. 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 XII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final
passage.
Section XIII. 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.
Presented by: Approved as to form by:
_____________________________________ ____________________________
Tiffany Allen Glen R. Googins
Director of Developmental Services City Attorney