HomeMy WebLinkAboutItem 5.1 - Attachment 2 - CC-Ord-SB9-3.04.22-FinalORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
CHULA VISTA MUNICIPAL CODE, CHAPTERS 18.18 (TENTATIVE
PARCEL MAPS) AND 19.58 (USES); AND SECTIONS 5.68.050
(SHORT-TERM RENTALS – ELIGIBILITY REQUIREMENTS),
19.22.020 (R-E – RESIDENTIAL ESTATE ZONE – PERMITTED
USES) AND 19.24.020 (R-1 – SINGLE-FAMILY RESIDENCE ZONE –
PERMITTED USES) TO IMPLEMENT SENATE BILL 9
WHEREAS, in January 2022, the State of California Legislature (the “Legislature”) enacted Senate
Bill 9 (SB 9) that established new provisions for two-unit residential developments and urban lot split
subdivisions in single-family residential zones; and
WHEREAS, the Legislature is increasingly concerned about the lack of supply of housing units in
the State of California; and
WHEREAS, the Legislature found and declared that ensuring access to affordable housing is a
matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the
California Constitution; and
WHEREAS, the provisions of SB 9 apply to all jurisdictions, including charter cities; and
WHEREAS, SB 9 requires jurisdictions to adopt the objective standards provided therein to amend
local single-family residential zoning and Tentative Parcel Map Ordinances to allow for two-unit residential
developments and urban lot split subdivisions in single-family residential zones; and
WHEREAS, certain provisions of Chula Vista Municipal Code (CVMC) Chapters 5.68 (Short-
Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E – Residential Estates Zone), 19.24 (R-1 – Single-
Family Residence Zone) and 19.58 (Uses) are not in compliance with SB 9; and
WHEREAS, the City of Chula Vista staff therefore recommends amending CVMC Chapters 5.68,
18.18, 19.22, 19.24, and 19.58 to be in compliance with SB 9; and
WHEREAS, the City of Chula Vista Planning Commission held an advertised public hearing on
the proposed amendments to CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps),
19.22 (R-E – Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses),
and voted X-X-X-X to adopt Resolution No. XX-XXX and thereby recommended that the City Council
adopt an Ordinance amending Chapters 5.68, 18.18, 19.22, 19.24, and 19.58 of the Chula Vista Municipal
Code; 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 CEQA State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required. In addition, notwithstanding the foregoing, the City
Council has also determined that the action is not a “Project” pursuant to Government Codes Sections
65852.21(j) and 66411.7(n); and
WHEREAS, the City Council set a time and place for a hearing on the subject amendments to
CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E – Residential
Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses), 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 to consider said ordinance
amending CVMC Chapters 5.68 (Short-Term Rentals), 18.18 (Tentative Parcel Maps), 19.22 (R-E –
Residential Estates Zone), 19.24 (R-1 – Single-Family Residence Zone), and 19.58 (Uses), at the time and
place as advertised in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows:
Section I. Chula Vista Municipal Code Section 5.68.050 is hereby amended to add Subsection 5.68.050(H),
as follows:
H. The Dwelling Unit shall not have been developed or converted as part of a Two-Unit Residential
Development or Urban Lot Split Parcel Map pursuant to Section 19.58.450 of this Code.
Section II. Chula Vista Municipal Code Chapter 18.18 is hereby amended to add Section 18.18.140 as
follows:
18.18.140 – Tentative Parcel Map – Urban Lot Split Parcel Map Subdivision
No person shall create an urban lot split subdivision except by the filing of an urban lot split parcel map
approved pursuant to Section 19.58.450 and the Subdivision Map Act. Maps shall be titled “Urban Lot Split
Parcel Map.”
Section III. Chula Vista Municipal Code Section 19.22.020 is hereby amended to add Subsection
19.22.020(C), as follows:
C. Notwithstanding Section 19.22.020(A), two-unit residential developments pursuant to Section
19.58.450.
Section IV. Chula Vista Municipal Code Section 19.24.020 is hereby amended to add Subsection
19.24.020(E), as follows:
E. Notwithstanding Section 19.24.020(A), two-unit residential developments pursuant to Section
19.58.450.
Section V. Chula Vista Municipal Code Title 19 is hereby amended to add Section 19.58.450 as follows:
19.58.450 – Two-Unit Residential Developments and Urban Lot Split Parcel Maps in Single-Family Zones
A. The purpose of this section is to provide regulations for the establishment of two-unit residential
developments and urban lot split parcel maps in single-family zones, to define the approval process for
such two-unit residential developments and urban lot split parcel maps in compliance with, inter alia,
California Government Code Section 65852.21. Two-unit residential developments and urban lot split
parcel maps in single-family zones are potential sources of affordable housing and shall be deemed
consistent with the General Plan and zoning designation of the lot as provided.
B. For the purposes of this section, the following words are defined:
“Objective development standards” means standards that involve no personal or subjective judgment by a
public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public official prior to
submittal. These standards may be embodied in alternative objective land use specifications adopted by the
City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans,
inclusionary zoning ordinances, and density bonus ordinances.
“Objective subdivision standards” means standards that involve no personal or subjective judgment by a
public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public official prior to
submittal. These standards may be embodied in alternative objective land use specifications adopted by the
City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans,
inclusionary zoning ordinances, and density bonus ordinances.
“Objective zoning standards” means standards that involve no personal or subjective judgment by a public
official and are uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the public official prior to
submittal. These standards may be embodied in alternative objective land use specifications adopted by the
City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans,
inclusionary zoning ordinances, and density bonus ordinances.
“Two-unit residential development” means a development which proposes no more than two new
residential units or proposes to add one new residential unit with one existing residential unit on a single
parcel in accordance with this Chapter.
“Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section
65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior
accessory dwelling unit as defined in Section 65852.22.
“Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single-family zoned
parcel to create no more than two new single-family zoned parcels of approximately equal lot area provided
that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for
subdivision.
“Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to create no
more than two new single-family zoned parcels of approximately equal lot area provided that one parcel
shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Two-Unit Residential Development in Single-Family Zones – A proposed housing development
containing no more than two residential units within a single-family residential zone shall be considered
ministerially, without discretionary review or a hearing, if the proposed housing development meets all
of the following requirements:
1. The two-unit residential development would not require demolition or alteration of any of the
following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid
exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. The parcel subject to the proposed housing development is not a parcel on which an owner of
residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15
years before the date that the development proponent submits an application.
3. The proposed housing development does not allow the demolition of more than 25 percent of the
existing exterior structural walls, unless the housing development has not been occupied by a tenant
in the last three years.
4. The development is not located within a historic district or property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site
that is designated or listed as a city or county landmark or historic property or district pursuant to
a city or county ordinance.
5. The proposed housing development shall be prohibited if it is on a parcel that qualifies under the
prohibitions listed in paragraph (2) of subdivision (a) of Government Code section 65852.21 or any
successor provision thereof. Types of prohibited parcels include:
a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public
Resources Code;
b. Prime farmland or farmland of statewide importance;
c. Wetlands;
d. Within a high fire hazard severity zone;
e. Hazardous waste site;
f. Within a delineated earthquake fault zone;
g. Within a special flood hazard area subject to inundation by the 1 percent annual flood (100-
year flood) unless it meets one of the following;
i. Subject to a Letter of Map Revision prepared by the Federal Emergency
Management Agency and issued to the local jurisdiction;
ii. Meets Federal Emergency Management Agency requirements to meet minimum
flood plain management criteria of the National Flood Insurance Program pursuant
to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section
60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations;
h. Within a regulatory floodway as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management Agency,
unless the development has received a no-rise certification in accordance with Section
60.3(d)(3) of Title 44 of the Code of Federal Regulations.
i. Lands identified for conservation in an adopted natural community conservation plan,
habitat conservation plan, or other adopted natural resource protection plan;
j. Habitat for protected species identified as candidate, sensitive, or species of special status
by state or federal agencies, fully protected species, or species protected by the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and
Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section
1900) of Division 2 of the Fish and Game Code);
k. Lands under conservation easement.
D. Development Standards for Two Unit Residential Development in Single-Family Zones – Two-unit
residential developments in single-family zones shall be subject to the following requirements and
objective development standards:
1. Number and Size of Units –
a. If a parcel includes an existing single-family home, one additional unit may be developed
pursuant to this section.
b. If a parcel does not include an existing single-family home, or if an existing single-family
home is proposed to be demolished in connection with the creation of a two-unit residential
development, two units may be developed pursuant to this section.
c. No more than four units, including primary dwelling units, accessory dwelling units, and/or
junior accessory dwelling units may exist on a single-zoned residential parcel on which an
Urban Lot Split Parcel Map as been approved.
2. Parking - Off-street parking of up to one space per unit is required, except in either of the following
instances:
l. The parcel is located within one-half mile walking distance of either a high-quality transit
corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or
a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
m. There is a car share vehicle located within one block of the parcel.
3. Setbacks -
a. No setback shall be required for an existing structure or a structure constructed in the same
location and to the same dimensions as an existing structure.
b. For all other dwelling units proposed in connection with a two-unit residential
development, a minimum setback of four feet, or the applicable setback for the zone
district, whichever is less, is required from the rear and side property lines.
c. Units may be adjacent or connected if the structures meet building code safety standards
and are sufficient to allow separate conveyance.
4. Design - When a two-unit residential development dwelling unit is proposed on a parcel with an
existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and
colors as the existing dwelling unit to the extent practical.
5. Accessory Dwelling Unit Development Exemptions – If an applicant for a dwelling unit developed
under Section 19.58.022 (Accessory Dwelling Units) of this Code seeks to convert the dwelling
unit to a two-unit development pursuant to this Section, any and all development exemptions
granted to the dwelling unit pursuant to Sections 19.58.022.C.9 and 19.58.022.C13 shall be null
and void subject to the final decision of the Director of Development Services.
6. Short-Term Rental Prohibition - Dwelling units created pursuant to this section shall have rental
terms of thirty (30) days or longer and shall not be considered eligible for Short-Term Rental
pursuant to Section 5.68.050.
E. Urban Lot Split Parcel Map in Single-Family Zones – A proposed parcel map for an urban lot split
within a single-family residential zone shall be considered ministerially, without discretionary review
or a hearing, if the proposed parcel map meets all of the following requirements:
1. The parcel map subdivides an existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot
area of the original parcel proposed for subdivision.
2. Both newly created parcels are no smaller than 1,200 square feet.
3. The parcel being subdivided meets all the following requirements:
a. The parcel is located within a single-family residential zone as defined in Sections 19.22
(R-E – Residential Estate Zone) and 19.24 (R-1 – Single-Family Residence Zone).
b. The parcel subject to the proposed urban lot split complies with all provisions of Sections
19.58.450 C. and 19.58.450 D.
c. The parcel has not been established through prior exercise of an urban lot split as provided
for in this section.
d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the
owner, has previously subdivided an adjacent parcel using an urban lot split as provided
for in this section.
e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act
[Division 2 (commencing with Section 66410)], except as otherwise expressly provided in
this section.
4. Any parcel created by this section shall be used for residential purposes only.
5. All easements required for the provision of public services and facilities shall be dedicated or
conveyed by an instrument in a form acceptable to the Director of Development Services
Department, or their designee.
6. Units constructed on an Urban Lot Split Subdivision approved pursuant to this Chapter shall be
subject to and comply with the minimum setback requirements specified in Section 19.58.450 D.
3.
7. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to
this Chapter shall be provided in accordance with Chapter 19.58.450 D.2.
8. Prior to the issuance of a building permit, the property owner shall record a covenant with the
County Recorder’s Office, the form and content of which is satisfactory to the Director of
Development Services and City Attorney, or their designees. The covenant shall notify future
owners of the owner occupancy requirements, the approved size and attributes of the units, and
minimum rental period restrictions. The covenant shall also reflect the number of units approved
and provide that no more than two total units may be permitted on any single parcel created using
the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the
covenant shall provide that no variances shall be permitted other than those code deviations
expressly allowed by this Chapter. This covenant shall remain in effect so long as a two-unit
residential development exists on the parcel.
9. The Urban Lot Split Subdivision shall comply with all requirements of the City’s Subdivision
Ordinance and the California Subdivision Map Act except as expressly modified by this Chapter.
10. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of
which is satisfactory to the Director of Development Services and City Attorney, or their designees,
stating that the applicant intends to occupy one of the housing units as their principal residence for
a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This
subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii)
of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and
Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the
Revenue and Taxation Code.
11. Notwithstanding Government Code Section 66411.1, the City shall not impose regulations that
require dedications of rights-of-way or the construction of offsite improvements for the parcels
being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
12. Preliminary Title Report - There shall be filed with each Urban Lot Split Parcel Map, a current
preliminary title report of the property being subdivided or altered.
13. Additional Subdivisions Prohibited - No further subdivision of parcels created using the Urban Lot
Split Parcel Map or Urban Lot Split Subdivision procedures of this Chapter shall be permitted.
14. The parcels created by this section shall have access to, provide access to, or adjoin the public right-
of-way.
F. Application of Objective Standards - Development proposed on lots created by an Urban Lot Split
Subdivision shall comply with all objective zoning standards, objective subdivision standards, and
objective design review standards applicable to the parcel based on the underlying zoning including but
not limited to: Title 18 and Chapters 19.22, and 19.24; provided, however, that the application of such
standards shall be reduced if the standards would have the effect of physically precluding the
construction of two units on either of the resulting parcels created pursuant to this chapter or would
result in a unit size of less than 800 square feet. Any waivers or reductions of development standards
shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800
square feet, and no additional variances shall be permitted. No waivers or reductions to applicable
requirements regarding size, height, off-street parking, or setbacks shall be approved unless the
applicant demonstrates to the Director of Development Service’s satisfaction that there is no other way
to physically accommodate two 800-square foot units on the site.
G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map - The Development
Services Department shall not approve an Urban Lot Split Parcel Map under any of the following
circumstances:
1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel Map
that the City previously approved.
2. The subdivision proposes creation of more than two lots or more than four units total among the
two lots.
3. The Development Services Department finds that the Urban Lot Split Parcel Map does not meet
the requirements of this code or that all approvals or permits required by this code for the project
have not been given or issued.
4. The urban lot split’s failure to comply with applicable, objective requirements imposed by the
Subdivision Map Act and this Code. Any decision to disapprove an Urban Lot Split Parcel Map
shall be accompanied by a finding identifying the applicable, objective requirements imposed by
the Subdivision Map Act and this Code.
5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may be denied
if the Director of Development Services, or their designee, makes a written finding, based upon a
preponderance of the evidence, that the proposed housing development project or urban lot split
would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision
(d) of Section 65589.5 of the Government Code, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
Section VI. 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 Planning Commission of the City of Chula Vista hereby declares that it is the intent of
the body to 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 VII. 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 VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication
The City Council of Chula Vista 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 Development Services City Attorney