HomeMy WebLinkAboutOrd 2023-3548ORDINANCE NO. 3548
ORDINANCE OF THE CITY OF CHULA VISTA 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, established new standards for Accessory Dwelling Units (“ADUs”) and Junior
Accessory Dwelling Units (“JADUs”); and
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 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 municipal code related to state
law compliance and clarification of previously adopted text for ADUs and JADUs. The action of
updating and modifying the municipal code 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. Therefore, the amendments will not have a significant effect
on the environment; and
WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance
with the proposed changes to CVMC Sections 19.58.022 and 19.58.023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the subject
Ordinance and voted 4-0 to adopt Resolution No. 2023-08 and thereby recommends that the City
Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on th e subject 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; and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the hearing was held to consider said CVMC amendments and Ordinance at the time
and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and
the hearing was thereafter closed.
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NOW, THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance qualify for the “common sense” exemption under State CEQA
Guidelines Section 15061(b)(3). The action involves updates and modifications 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 an
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.
Therefore, the amendments will not have a significant effect on the environment.
Section I. The CVMC is hereby amended as follows:
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 with, inter alia, California Government Code
Section 65852.2. Said units may be located in areas zoned to allow single-family or
multifamily dwelling residential use. 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” means an accessory dwelling unit that is attached to and built over a primary
residence including an attached garage, or above a detached garage or accessory building.
“Accessory dwelling unit” 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. An accessory dwelling unit shall
have exterior access from the proposed or existing single-family dwelling. 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:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
“Accessory structure” means a structure that is accessory and incidental to a dwelling
unit located on the same lot.
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“Attached” means a wall, floor, or ceiling of an accessory dwelling unit is shared with the
primary residence on the property.
“Basement” means the same as defined in CVMC 19.04.002.
“Detached” means an accessory dwelling unit separated from the primary residence as
specified in subsection (C)(6)(b) of this section.
“Living area” means the interior habitable area of a dwelling unit, including basements
and attics, but does not include a garage or any accessory structure.
“Multifamily dwelling,” for the purposes of this Section, is a structure with two or more
attached dwellings on a single lot. Multiple, detached single-unit dwellings on the same
lot are not considered multifamily.
“Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
“Objective Standard,” for the purposes of this Section, is a standard that involves no
personal or subjective judgment by a public official, and that is 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.
“Passageway” means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the accessory dwelling unit.
“Primary residence(s)” means 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.
“Public street” means any public right-of-way designated for vehicular use.
“Public transit” means a location, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms of transportation
that charge set fares, run on fixed routes, and are available to the public.
“Tandem parking” means two or more vehicles parked on a driveway or in any other
location on a lot, lined up behind one another.
“Walking distance” means the distance between the accessory dwelling unit and public
transit as measured along a public street. The measurement shall proceed from the
accessory dwelling unit in a continuous line to the closest property line of the public
street, measured perpendicular to the public street. The measurement shall then continue
along the property lines of the public street fronts, and in a direct line across intersections
along the shortest pedestrian route toward the public transit.
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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 multifamily dwelling residential use. A coastal development permit may
be required for accessory dwelling units within the coastal zone. Construction of a
primary residence can be in conjunction with the construction of an accessory
dwelling unit.
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. A minimum of one accessory dwelling unit, or up to 25 percent of the
existing multifamily units, is permitted within an existing multifamily
dwelling, as a result of the conversion of non-habitable space including,
but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages; or
c. Up to two detached accessory dwelling units shall be permitted on a lot
with an existing multifamily dwelling.
3. Unit Size. 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, or 850 square feet for a one-bedroom unit and 1,000
square feet for a unit with 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.
d. An accessory dwelling unit within an existing accessory structure may
be increased by a maximum of 150 square feet beyond the same physical
dimensions as the existing accessory structure to accommodate ingress
and egress.
4. Unit Location. Accessory dwelling units may be attached to or located within
a proposed or existing primary residence or accessory structure (including
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attached garages, storage areas or similar structures). Accessory dwelling units
may be detached from the primary residence.
5. 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, or 16 feet, whichever is greater. However, a taller unit can be
built based on the following exceptions:
a. Detached
i. Up to 18 feet on a lot with an existing or proposed single-
family or multifamily dwelling if it is located within a half-
mile of transit or high-quality transit corridor. The maximum
can also be increased to 20 feet only if it is necessary to match
the roof pitch of the ADU to that of the main house.
ii. Up to 18 feet on a on a lot with an existing or proposed multi-
story multifamily dwelling, regardless of proximity to public
transit.
b. Attached
i. Up to 25 feet high for either a primary single-family or multifamily
dwelling, or as high the underlying zoning designation allows,
whichever is lower. The ADU shall also be no greater than two
stories.
6. 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 new attached or detached accessory dwelling unit is allowed a
setback of no less than four feet from the side and rear lot lines. In
addition, an encroachment into the front yard setback is also allowed only
if it is necessary to construct a minimum 800 square foot unit.
b. A new detached accessory dwelling unit shall be located a minimum
of six feet from a primary residence.
c. 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 four feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above an
accessory structure.
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d. Correction of nonconforming zoning conditions and/or building code
violations shall not be a condition for ministerial approval of a permit
application for the creation of an accessory dwelling unit.
7. Parking. Parking for an accessory dwelling unit is not required in any of the
following instances:
a. The accessory dwelling unit is located within one-half mile walking
distance of public transit.
b. The accessory dwelling unit is within an architecturally and
historically significant historic district.
c. The accessory dwelling unit is part of the proposed or existing primary
residence or an 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.
f. When a permit application for an accessory dwelling unit is submitted
with a permit application to create a new single-family dwelling or a new
multifamily dwelling on the same lot, provided that the accessory dwelling
unit or the parcel satisfies any other criteria listed in this paragraph.
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 a driveway; provided, that
access to the garage for the primary residence is not obstructed. Off-street
parking shall be permitted in setback areas 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.
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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. 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 subsection (C)(7) of this section.
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 of 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.
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 the lot should be complementary 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.
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:
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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 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. Accessory dwelling units shall not be required to provide fire sprinklers if
they are not required for the primary residence.
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14. An application for an accessory dwelling unit that is deemed complete by the
City shall be considered and approved ministerially and without a hearing 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.
If an ADU application is denied, a full set of comments, listing the specific items
that are defective or deficient, shall be provided to the applicant. These comments
must also describe how the application can be remedied by the applicant.
15. A demolition permit for a detached garage that is to be replaced with an
ADU must be reviewed with the ADU application and issued at the same time.
16. Accessory dwelling units that are applied for after the effective date of the
ordinance codified in this section, cannot be rented for less than 30 days.
17. Accessory dwelling units are exempt from the requirements of CVMC
12.24.030, Dedications – Required.
18. An application for an accessory dwelling unit on a private sewage disposal
system shall require approval by the local health officer.
19.58.022 Junior Accessory Dwelling Units.
A. Definition. “Junior accessory dwelling unit” means a unit that is no more than 500
square feet in size and contained entirely within the space of a proposed or existing
single-family residence. 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, and only within an existing or proposed single-family residence.
2. One junior accessory dwelling unit and one accessory dwelling unit are
allowed on a lot with a primary residence.
3. 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.
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4. 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. A permitted junior accessory dwelling unit shall be constructed within the
existing walls of the single-family residence. This area also includes enclosed,
non-habitable rooms and uses, including but not limited to attached garages and
storage rooms.
6. A separate entrance from the main entrance to the primary structure is
required. A permitted junior accessory dwelling may include a second interior
doorway for sound attenuation.
If a JADU shares a bathroom with the primary dwelling, the JADU is required to
have an interior entry to the primary dwelling’s “main living area,” independent
of the exterior entrances of the JADU and primary dwelling.
7. An efficiency kitchen for the junior accessory dwelling unit is required, and
shall include:
a. A cooking facility with appliances.
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 and/or building code violations 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 ministerially and without a hearing within 60 days
if there is an existing single-family 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
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the junior accessory dwelling unit shall be considered and approved within 60 days of
approval of the new single-family dwelling.
If a JADU application is denied, a full set of comments, listing the specific items that are
defective or deficient, shall be provided to the applicant. These comments must also
describe how the application can be remedied by the applicant.
G. Junior accessory dwelling units are exempt from the requirements of CVMC
12.24.030, Dedications – Required.
Section XVII. 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 XVIII. 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 XIX. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage.
Section XX. 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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form
By:
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of April 2023, by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, 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. 3548 had its first reading at a regular meeting held on the 28th day of March 2023,
and its second reading and adoption at a regular meeting of said City Council held on the 18th day
of April 2023 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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