HomeMy WebLinkAboutResolution 2023-08
RESOLUTION NO. 2023-08
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE
SECTIONS 19.58.022 (ACCESSORY DWELLING UNITS) AND 19.58.023
(JUNIOR ACCESSORY DWELLING UNITS).
WHEREAS, on January 1, 2023, State of California Senate Bill (SB) 897 and Assembly
Bill (AB) 2221, establishing new standards for Accessory Dwelling Units (“ADUs”) and Junior
Accessory Dwelling Units (“JADUs”);
WHEREAS, Chula Vista Municipal Code (“CVMC”) Sections 19.58.022 and 19.58.023
are currently not in compliance with the new state laws, and are required to be brought into
compliance through the proposed amendments; and
WHEREAS, Staff has identified the need to clarify text from previously-adopted standards
for ADUs and JADUs, necessary to help streamline their construction; and
WHEREAS, staff presented the draft CVMC amendments to the City’s Development
Oversight Committee on January 11, 2023, which recommended adoption; 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 qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates and modifications to the CVMC related to state law
compliance and clarification of previously-adopted text, regarding ADUs and JADUs. The action
of updating and modifying the CVMC with these changes will not result in a material
intensification of uses or a change in development potential within the City above what already is
permitted under the existing land use and zoning policies of the CVMC that are being updated .
Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that
there is no possibility that the amendments may have a significant effect on the environment; and
WHEREAS City staff recommends that the Planning Commission approve the proposed
changes to CVMC Sections 19.58.022 and 19.58.023; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
CVMC 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;
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC
amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
DocuSign Envelope ID: 75F1CF4D-585C-4998-8610-20B6C80DEE94
Planning Commission Resolution 2023-08
February 22, 2023
Page 2
CVMC Sections 19.58.022 and 19.58.023, related to state law compliance and clarification of
previously-adopted text, regarding ADUs and JADUs.
BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends
that the City Council of the City of Chula Vista find that the proposed amendments to the CVMC
identified in this Resolution qualifies for the “common sense” exemption under State CEQA
Guidelines Section 15061(b)(3). The action involves updates and modifications the CVMC
relating state law compliance and clarification of previously-adopted text. The action of updating
and modifying the CVMC with these changes will not result in a material intensification of uses
or a change in development potential within the City above what already is permitted under the
existing land use and zoning policies of the CVMC that are being updated. Based on an analysis
of the nature and type of these changes to the CVMC, there is a certainty that there is no possibility
that the amendments may have a significant effect on the environment.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
Presented by: Approved as to form by:
_________________________ _____________________
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 22nd day of February 2023, by the following vote, to-wit:
AYES: Combs, Felber, Milburn, Torres, Zaker
NOES: 0
ABSENT: Burroughs, De La Rosa
ABSTAIN: 0
___________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary
DocuSign Envelope ID: 75F1CF4D-585C-4998-8610-20B6C80DEE94