HomeMy WebLinkAbout2024.08.14 PC
Date:Wednesday, August 14, 2024
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Planning Commission Regular Meeting
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______________________________________________________________________________
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Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.CONSENT CALENDAR (Items 4.1 through 4.2)
Consent calendar items are considered together and acted upon by one motion.
There is no separate discussion of these items unless a commissioner or staff
removes the item from the Consent Calendar.
Recommended Action:
To approve the recommended action on the below consent calendar items. The
motion was carried by the following vote:
4.1 Approval of Meeting Minutes 4
Recommended Action:
To approve the meeting dated June 26, 2024
4.2 Consider Request for Excused Absence 7
Commissioner Leal from the June 26, 2024, Planning Commission
meeting.
Recommended Action:
To consider request for excused absence as appropriate.
5.PUBLIC COMMENTS
Persons may address the Commission on any subject matter within the
Commission’s jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any
issue not included on the agenda, but, if appropriate, the Commission may
schedule the topic for future discussion or refer the matter to staff. If you wish to
speak on any item, please fill out a "Request to Speak" form and submit it to the
Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
6.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by
law. If you wish to speak on one of these items, please fill out a "Request to
Speak" form and submit it to the Secretary prior to the meeting or submit an
electronic comment per the instructions on page one of this agenda.
City of Chula Vista Planning Commission
August 14, 2024 Agenda Page 2 of 26
6.1 Consideration of an Amendment to the Chula Vista Municipal Code
Related to Accessory Dwelling Units
8
Recommended Action:
Receive the report and recommend to the City Council of the City of
Chula Vista either: 1) approval of an Ordinance amending Chula Vista
Municipal Code Section 19.58.022(C)(2)(c) (Accessory Dwelling Units),
or 2) deny the proposed amendment to Chula Vista Municipal Code
Section 19.58.022(C)(2)(c), and direct Staff to conduct research into the
potential impacts of increasing the allowable number of detached ADUs
from one to two for single-family dwellings and return to City Council with
such findings.
7.ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually by
the Commission and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form and submit
it to the Secretary prior to the meeting or submit an electronic comment per the
instructions on page one of this agenda.
7.1 Election of Commission Chair and Vice Chair for Fiscal Year 2024/2025
Recommended Action:
Appoint a Chair and Vice Chair.
7.2 Discussion of the Annual Activities Report and Authorize the Chair to
Work with Staff to Finalize and Submit
23
Recommended Action:
Commission authorize the Chair to work with staff to finalize and submit.
8.DIRECTOR'S REPORT
9.CHAIR'S COMMENTS
10.COMMISSIONERS' COMMENTS
11.ADJOURNMENT
to the regular meeting on August 28, 2024 at 6:00 p.m.
Materials provided to the Planning Commission related to any open-session
item on this agenda are available for public review at
www.chulavistaca.gov/boardmeetings or the City Clerk's Office at 276 Fourth
Ave, Chula Vista.
City of Chula Vista Planning Commission
August 14, 2024 Agenda Page 3 of 26
Page 1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
June 26, 2024, 6:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Commissioners
Present:
Commissioner Burroughs, Commissioner Combs, Commissioner
Felber, Vice Chair Torres, Commissioner Zaker, Chair De La
Rosa
Absent: Commissioner Leal
Also Present: Development Services Director Black, Commission Secretary
Zepeda, Legal Counsel Kevin Sullivan representing Gatzke,
Dillon & Ballance LLP
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 6:04 p.m.
2. ROLL CALL
Commission Secretary Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Commissioner Combs.
4. CONSENT CALENDAR (Items 4.1 through 4.2)
Moved by Commissioner Combs
Seconded by Vice Chair Torres
To approve the recommended action on the below consent calendar items. The
motion was carried by the following vote:
Page 4 of 26
City of Chula Vista Planning Commission
August 14, 2024 Agenda
2024-06-26 Planning Commission Regular Meeting Minutes
Page 2
Yes (6): Commissioner Burroughs, Commissioner Combs, Commissioner Felber,
Vice Chair Torres, Commissioner Zaker, and Chair De La Rosa
Result, Carried (6 to 0)
4.1 Approval of Meeting Minutes
To approve the minutes dated: May 08, 2024.
4.2 Consider Request for Excused Absence
To approve an excused absence for Commissioner Burroughs from the
May 08, 2024, Planning Commission meeting.
5. PUBLIC COMMENTS
There were none.
6. PUBLIC HEARINGS
6.1 Time Extension to Tentative Map No. PCS18-0003, for a Previously
Approved For-Sale Sixteen (16) Unit Multi-Family Residential
Development located at 354 Moss Street (APN: 619-010-140)
Abdel Alomar submitted written comments in support of the item.
Moved by Commissioner Felber
Seconded by Commissioner Burroughs
To adopt Resolution No. 2024-10 approving the requested two-year time
extension to Tentative Map PCS18-0003 from April 28, 2024, until April
28, 2026. The motion was carried by the following vote:
Yes (6): Commissioner Burroughs, Commissioner Combs, Commissioner
Felber, Vice Chair Torres, Commissioner Zaker, and Chair De La Rosa
Result, Carried (6 to 0)
7. DIRECTOR'S REPORT
Development Services Director Black acknowledged Commissioner Zaker for his
work and thanked him for his service with the Planning Commission. She also
gave an update on the code amendment items brought forward to City Council
on June 11, 2024.
8. CHAIR'S COMMENTS
Page 5 of 26
City of Chula Vista Planning Commission
August 14, 2024 Agenda
2024-06-26 Planning Commission Regular Meeting Minutes
Page 3
Chair De La Rosa thanked Commissioner Zaker for his service with the Planning
Commission.
9. COMMISSIONERS' COMMENTS
Commissioners thanked Commissioner Zaker for his guidance and service with
the Planning Commission.
10. ADJOURNMENT
The meeting was adjourned at 6:29 p.m.
Minutes prepared by: Mariluz Zepeda, Commission Secretary
_________________________
Mariluz Zepeda, Commission Secretary
Page 6 of 26
City of Chula Vista Planning Commission
August 14, 2024 Agenda
Request for Excused Absence Form – 6/19
REQUEST FOR EXCUSED ABSENCE
City of Chula Vista Boards, Commissions, and Committees
Name: _________________________________________________ Date of Absence: _________________________________
Board/Commission/Committee: _________________________________________________________________________________
Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a
majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any
of the reasons listed below. A member who is absent from three consecutive, regular meetings will be
deemed to have vacated his or her membership, unless the member’s absence is excused by a
majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s
request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you
have been absent from a regular meeting, please complete and submit this form to the chair or secretary.
Please indicate the reason for the absence:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board
or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly
significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her unavailability at
least seven days in advance of the meeting.
OR
The absence was not for any of the above-listed reasons. I understand that the absence will be recorded
as unexcused.
I certify the reason for the absence indicated above is true and correct.
Member’s Signature: __________________________________________________________ Date: _____________________________
If completed by secretary or staff to board/commission/committee:
Completed on member’s behalf by: _____________________________, per member’s Verbal Written request
on: _________________.
(date)
(secretary/liaison’s name) 06/24/24
06/26/24
Planning Commission
Mariluz Zepeda
Rodrigo Leal
4
4
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
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August 14, 2024
ITEM TITLE
Consideration of an amendment to the Chula Vista Municipal Code related to Accessory Dwelling Units
Location: Citywide
Recommended Action
Receive the Report and recommend to the City Council of the City of Chula Vista either: 1) approval of an
Ordinance amending Chula Vista Municipal Code Section 19.58.022(C)(2)(c) (Accessory Dwelling Units), or
2) deny the proposed amendment to Chula Vista Municipal Code Section 19.58.022(C)(2)(c), and direct Staff
to conduct research into the potential impacts of increasing the allowable number of detached ADUs from
one to two for single-family dwellings and return to City Council with such findings.
SUMMARY
This item consists of a proposed amendment to the Chula Vista Municipal Code (“CVMC”) pertaining to the
number of accessory dwelling units (“ADUs”) allowed for single-family dwellings, specifically CVMC Section
19.58.022(C)(2)(c). This amendment was not previously considered by the Planning Commission, but was
discussed at the June 11, 2024, City Council meeting, as Item 8.1 – Comprehensive Code Update. This item is
before the Planning Commission consistent with Government Code Section 65857.
HOUSING IMPACT STATEMENT
No housing units are proposed as part of this action. However, the proposed amendment could result in a
future increase in the supply of housing citywide.
Under California Government Code Section 66323, a single-family zoned property is permitted to create both
an ADU and a junior accessory dwelling unit (“JADU”) within the existing space of a single-family dwelling or
accessory structure. The single-family zoned property can also develop one detached ADU for a total of four
base units on the property (primary dwelling, attached ADU, attached JADU, and one detached ADU).
California Government Code Section 65915 sets the minimum threshold for allowing density bonus dwelling
units to be added to a property when the number of the base dwelling units reaches five units. The proposed
amendment to the City’s current ADU ordinance would allow for a second detached ADU to be added to the
base dwelling unit number which would also qualify the property for density bonus. State density bonus law
would allow an additional deed restricted unit to be developed for a resulting total of six units on the
property.
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ENVIRONMENTAL REVIEW
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).
DISCUSSION
Background
On June 11, 2024, the City Council considered Item 8.1, a Comprehensive Code update package containing
several updates to the Chula Vista Municipal Code. Among the recommended changes were amendments to
CVMC Section 19.58.022 (Accessory Dwelling Units). The recommended action sought to clarify the
maximum size allowed for attached ADUs. During Council’s deliberations, Deputy Mayor Alonso Gonzalez
made a motion to further modify CVMC 19.58.022(C)(2)(c) to increase the allowable number of detached
ADUs from one to two (Attachment 1) for single-family dwellings in the City. That motion was approved by
a vote of 4-1.
The Chula Vista Municipal Code updates which were presented to both the Planning Commission and City
Council did not include the change proposed by Deputy Mayor Gonzalez in CVMC Section 19.58.022(C)(2)(c).
Government Code Section 65857 requires that such a modification by the legislative body be considered first
by the Planning Commission before City Council takes a final action on the item. Government Code Section
65857 states:
The legislative body may approve, modify or disapprove the recommendation of the planning
commission; provided that any modification of the proposed ordinance or amendment by the
legislative body not previously considered by the planning commission during its hearing,
shall first be referred to the planning commission for report and recommendation, but the
planning commission shall not be required to hold a public hearing thereon. Failure of the
planning commission to report within forty (40) days after the reference, or such longer
period as may be designated by the legislative body, shall be deemed to be approval of the
proposed modification.
At the second reading of the ordinance on June 25, 2024, Staff discussed Government Section 65857’s
requirements with the City Council. The City Council approved the comprehensive code package without the
proposed changes to CVMC Section 19.58.022(C)(2)(c). Then, the City Council took a separate vote, approved
4-1, to send the suggested amendment to CVMC Section 19.58.022(C)(2)(c) back to the Planning Commission
for consideration and recommendation. The City Council approved Staff’s recommendation to come back to
Council within 90 days with the results of the Planning Commission’s review. The Planning Commission is
now being asked to consider whether to adopt or reject Deputy Mayor Gonzalez’s amendment to CVMC
Section 19.58.022(C)(2)(c) allowing up to two detached ADUs for single-family dwellings where only one
detached ADU is currently allowed.
Attachment 2 identifies all parcels with existing multi-family residences within the city. The current language
of the ADU ordinance allows these properties to have up to two detached ADUs developed on them.
Attachment 3 identifies all parcels with existing single-family residences. The current language of the ADU
ordinance sets a limit of one detached ADU on these parcels.
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With the proposed amended ADU language, all of the properties in Attachment 3 would now be impacted by
allowing the development of an additional detached ADU and they would become eligible for an additional
deed-restricted unit pursuant to state density bonus law. Attachment 4 combines both maps to identify all
impacted parcels that would be eligible for two detached ADUs.
Interaction with Other Housing Laws
In April of 2022, the City Council passed an ordinance codifying Senate Bill 9 (“SB9”) in the City of Chula Vista.
SB9 allows for a property owner in the single-family zones of R-1 and R-E to develop two primary dwelling
units on the property. It also allows the property owner to split their lot into two separate parcels if they
wish. Concern was raised by the City Council on the impacts to neighborhoods this state-mandated law would
have in Chula Vista.
In March of 2024, upon recommendation from the City of Chula Vista Planning Commission, the City Council
resolved not to opt into Senate Bill 10 (“SB10”). SB10 would have allowed up to ten units of residential
density to be developed on any parcel located in a transit rich area and/or urban infill site. Citing the potential
unintended impacts of adding so much density to areas throughout the city, the City Council decided not to
opt into the law’s provisions.
Recently, the California Department of Housing and Community Development (“HCD”) has issued
interpretations of State ADU laws. HCD has opined that property owners in single-family zones are allowed
to develop one JADU, one attached ADU, one detached ADU from new construction, and one detached ADU
that is a conversion of non-habitable space.
Additionally, the impacts to public infrastructure could be wide-ranging and significant. For example,
properties with single-family dwellings taking full advantage of the proposed ADU ordinance amendment
would not be required to provide additional parking for the attached ADU or JADU, the detached ADUs (if
they are located within one-half mile of walking distance to public transit), or the additional unit created
through density bonus if they choose to waive the parking requirement.
When used in conjunction with one or more housing laws and considering HCD’s recent interpretation of
ADU law, it is clear expanding the local ADU ordinance could have wide-ranging unintended impacts on
properties, neighborhoods, and infrastructure. Staff would recommend engaging in a more in-depth research
effort and return to City Council at a future date with a set of ADU recommendations that incorporate many
of the above-referenced laws and their interaction with one another.
Development Oversight Committee
Given the limited timeframe in which the item must return to City Council, Staff convened an ad-hoc meeting
of the Development Oversight Committee and included members from the Building Industry Association.
During the July 17, 2024, joint meeting, concerns were raised pertaining to parking, affordability, and the
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disproportionate impact to single-family residential lots west of the 805 freeway. The Committee did not
take a formal action on the item.
Housing and Homeless Advisory Commission
Due to required timing to bring this item forward, Staff has not presented the proposal to the Housing and
Homeless Advisory Commission (“HHAC”). However, at the October 25, 2023 meeting of the HHAC, concerns
were raised about policies that both increase density in existing neighborhoods and negatively impacts
neighborhood character, with a specific concern over parking.
If the Planning Commission believes further options should be explored for ADU production that exceed the
existing allowable units of four, Staff would recommend the Planning Commission provide an advisory
recommendation to City Council to deny the revisions and make a referral to staff to conduct public outreach
and thoroughly research potential impacts to parking, infrastructure, processing of applications, and other
compounding state laws that impact ADU production. The outreach will include a meeting with the Housing
and Homeless Advisory Commission.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the Planning Commission members do not create a disqualifying
real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code
§ 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund
as a result of the adoption and implementation of the proposed amendment to CVMC Section
19.58.022(C)(2)(c).
CONCLUSION
Receive the Report and recommend to the City Council one of the following:
1) Approve the proposed amendment and adopt an Ordinance amending CVMC Section
19.58.022(C)(2)(c), or
2) Deny the proposed amendment to CVMC Section 19.58.022(C)(2)(c), and direct Staff to conduct
research into the potential impacts of increasing the allowable number of detached ADUs from one
to two for single-family dwellings and return to City Council with such findings
ATTACHMENTS
1 – Draft City Council Ordinance
2 – Existing Multi-Family Residences Map
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3 – Existing Single-Family Residences Map
4 – Impacted Parcels Sites Under Proposed Amendment Map
5 – Resolution to Approve
6 – Resolution to Deny
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services
Chris Stanley, Senior Planner, Housing and Homeless Services Department
Laura C. Black, AICP, Director of Development Services
Stacey Kurz, Director of Housing and Homeless Services Department
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
1
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION
19.58.022(C)(2)(c), PERTAINING TO THE ALLOWABLE
NUMBER OF DETACHED ACCESSORY DWELLING UNITS
FOR SINGLE-FAMILY DWELLINGS.
WHEREAS, on June 11, 2024, the City Council voted to approve an update to the Chula Vista
Municipal Code (“CVMC”); and
WHEREAS, the City Council also approved an amendment to increase the allowable number
of detached accessory dwelling units (“ADUs”) from one to two, for single-family dwellings; and
WHEREAS, the amendment to increase the number of ADUs for single-family dwellings was
not originally included in the updates presented to both the Planning Commission and City Council;
and
WHEREAS, Government Code Section 65857 requires such amendments by a legislative
body must first be considered by the Planning Commission before City Council takes final action.
The City Council has the authority to make a referral to the Planning Commission to provide a report
and recommendation to allow the amendment. Failure of the Planning Commission to report back to
the City Council within forty days after such referral, the amendment shall be deemed “approved” by
the Planning Commission; and
WHEREAS, on June 25, 2024, the City Council voted to refer the item back to the Planning
Commission, consistent with Government Code Section 65857, for consideration and a
recommendation. Staff requested ninety days to come back to City Council with Planning
Commission’s review of the amendment; 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);; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance on August 14, 2024, and voted to adopt/reject Resolution No. 2024-
, and thereby recommends/does not recommend that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject Chula
Vista Municipal Code amendment 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.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
2
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3).
Section I. Revision to Amount of Allowable Detached Accessory Dwelling Units. The
Chula Vista Municipal Code is hereby amended as follows:
19.58.022 Accessory dwelling units.
Subsections A and B remain unchanged.
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. (unchanged)
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. (unchanged)
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 nonhabitable space including, but
not limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages; or (unchanged)
c. Up to two detached accessory dwelling units shall be permitted on a lot
with an existing single-family or multifamily dwelling.
Sections 19.58.022(C)(3) through (17) remain unchanged.
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
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
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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 the thirtieth (30th) day after its final
passage.
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.
Presented by Approved as to form
By:
Laura C. Black, AICP Marco Verdugo
Director of Development Services City Attorney
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
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Page 18 of 26City of Chula Vista Planning Commission August 14, 2024 Agenda
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO CHULA VISTA MUNICIPAL
CODE SECTION 19.58.022(C)(2)(c), PERTAINING TO THE ALLOWABLE
NUMBER OF DETACHED ACCESSORY DWELLING UNITS FOR SINGLE-
FAMILY DWELLINGS.
WHEREAS, on June 11, 2024, the City Council voted to approve an update to the Chula
Vista Municipal Code (“CVMC”); and
WHEREAS, the City Council also approved an amendment to increase the allowable
number of detached accessory dwelling units (“ADUs”) from one to two, for single-family
dwellings; and
WHEREAS, the amendment to increase the number of ADUs for single-family dwellings
was not originally included in the updates presented to both the Planning Commission and City
Council; and
WHEREAS, Government Code Section 65857 requires such amendments by a legislative
body must first be considered by the Planning Commission before City Council takes final action.
The City Council has the authority to make a referral to the Planning Commission to provide a
report and recommendation on the amendment. Failure of the Planning Commission to report back
to the City Council within forty days after such referral, the amendment shall be deemed
“approved” by the Planning Commission; and
WHEREAS, on June 25, 2024, the City Council voted to refer the amendment back to the
Planning Commission, consistent with Government Code Section 65857, for consideration and a
recommendation. Staff requested ninety days to come back to City Council with Planning
Commission’s review of the amendment; 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); and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
Chula Vista Municipal Code amendment 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, the Planning Commission held a duly noticed public hearing to consider said
code amendment at the time and place as advertised in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and the hearing was thereafter closed.
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Planning Commission Resolution
August 14, 2024
Page 2
NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Chula
Vista hereby recommends that the City Council of the City of Chula Vista adopt the proposed
amendment to Chula Vista Municipal Code CVMC Section 19.58.022(C)(2)(c), allowing up to
two detached ADUs for single-family dwellings.
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 amendment to the Chula
Vista Municipal Code identified in this Resolution qualifies for the “common sense” exemption
under State CEQA Guidelines Section 15061(b)(3).
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 Marco A. Verdugo
Director of Development Services City Attorney
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA DENYING AN AMENDMENT TO CHULA VISTA MUNICIPAL CODE
SECTION 19.58.022(C)(2)(c), PERTAINING TO THE ALLOWABLE NUMBER
OF DETACHED ACCESSORY DWELLING UNITS FOR SINGLE-FAMILY
DWELLINGS.
WHEREAS, on June 11, 2024, the City Council voted to approve an update to the Chula
Vista Municipal Code (“CVMC”); and
WHEREAS, the City Council also approved an amendment to increase the allowable
number of detached accessory dwelling units (“ADUs”) from one to two, for single-family
dwellings; and
WHEREAS, the amendment to increase the number of ADUs for single-family dwellings
was not originally included in the updates presented to both the Planning Commission and City
Council; and
WHEREAS, Government Code Section 65857 requires such amendments by a legislative
body must first be considered by the Planning Commission before City Council takes final action.
The City Council has the authority to make a referral to the Planning Commission to provide a
report and recommendation on the amendment. Failure of the Planning Commission to report back
to the City Council within forty days after such referral, the amendment shall be deemed
“approved” by the Planning Commission; and
WHEREAS, on June 25, 2024, the City Council voted to refer the amendment back to the
Planning Commission, consistent with Government Code Section 65857, for consideration and a
recommendation. Staff requested ninety days to come back to City Council with Planning
Commission’s review of the amendment; and
WHEREAS, additional time is needed to fully study the impacts (e.g., processing
applications, infrastructure, etc.) of adding an additional accessory dwelling unit for single-family
dwellings, more than currently allowed by State Law; 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); and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
Chula Vista Municipal Code amendment 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;
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Planning Commission Resolution
August 14, 2024
Page 2
WHEREAS, the Planning Commission held a duly noticed public hearing to consider said
code amendment 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 the Planning Commission of the City of Chula
Vista hereby recommends that the City Council of the City of Chula Vista deny the proposed
amendment to Chula Vista Municipal Code CVMC Section 19.58.022(C)(2)(c), allowing up to
two detached ADUs for single-family dwellings, and direct Staff to fully research and study the
proposed infrastructure impacts of an additional accessory dwelling unit.
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 amendment to the Chula
Vista Municipal Code identified in this Resolution qualifies for the “common sense” exemption
under State CEQA Guidelines Section 15061(b)(3).
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 Marco A. Verdugo
Director of Development Services City Attorney
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Page 1 of 4
F
Planning Commission
Highlights of Activities During Fiscal Year 2023-24
Highlights of Activities During Fiscal Year 2023-24
During Fiscal Year 2023-24 the Planning Commission considered and/or approved
several new developments proposed in the City of Chula Vista:
SEPTEMBER
September 27, 2023:
DR22-0023 - Design Review of a mixed-use development consisting of 31
for-rent townhomes and a 1,085-square commercial building on a 1.8-acre
site within the Mixed-Use (“MU”) Zone of the Otay Ranch Village Two
Sectional Planning Area. APN: 644-311-02.
CUP22-0044 - Conditional Use Permit to install a 55-foot Wireless
Telecommunications Facility on a 2.76-acre parcel zoned R-1. Located at
740 Hilltop Drive. APN: 574-281-41.
OCTOBER
October 11, 2023:
CUP22-0048 - Conditional Use Permit to install a 53-foot new freestanding
Wireless Telecommunication Facility on a 1.22-acre parcel zoned R-1 and
improved with an existing church. Located at 301 E Palomar Street. APN:
620-240-10.
Adoption of citywide Objective Design Standards for multi-family residential
and mixed-use projects to comply with state housing laws.
October 25, 2023:
DR21-0024 - Design Review of four industrial buildings on two existing,
vacant parcels totaling 13.31 acres in the Industrial – Precise Plan (IP)
zone. Located at 821 Main Street. APNs: 644-050-13 and 644-050-17.
DR23-0010 - Design Review permit and intensity transfer for a mixed-use
development on 8.39 Acres, located on Lot 19 of the Millenia/Eastern Urban
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Page 2 of 4
Center Sectional Planning Area at the southwest corner of Bob Pletcher
Way and Millenia Avenue. APN: 643-060-69.
CUP22-0052 - Conditional Use Permit for a 45-foot freestanding Wireless
Telecommunication Facility on a 2.09-acre parcel with an existing church
within the Single-Family Residence (R-1) zone. Located at 430 Second
Avenue. APN: 568-420-47.
DECEMBER
December 13, 2023:
TM22-0003 and DR22-0009 - Tentative Map to subdivide an existing, vacant 8.21-
acre parcel into seven individual lots, and Design Review to construct six
commercial buildings and one industrial building within the Auto Park East Specific
Plan. Located at 750 Main Street. APN: 644-040-81.
DR22-0011 – Design Review for 175 market-rate, for-sale residential dwelling units
on parcels R-6 and R-20 in the Otay Ranch Village Three Sectional Planning Area.
APNs: 644-063-01 and 644-062-49.
DR22-0012 – Design Review for a mixed-use development on parcels C-1, MU-2,
and MU-3 in the Mixed-Use zone of the Otay Ranch Village 2 Sectional Planning
Area. Located at Otay Ranch Village 2, Parcels C-1, MU-2, and MU-3. APNs: 644-
310-05, 644-310-06, and 644-310-09.
DR23-0006 – Design Review permit to construct a four-story, 70,100 square-foot
hotel with 130 rooms, on the northwest corner of Bob Pletcher Way and Millenia
Avenue within the Millenia Sectional Planning Area. APN: 643-066-16.
Adoption of citywide policy, General Plan, and Chula Vista Municipal Code
updates: Growth management policies, Public Facilities Financing Plans, and
Development Services Department appeal procedures.
FEBRUARY
February 28, 2024:
PSP23-0001 - Planned Sign Program for a shopping center on approximately 4.76
acres in the MU-2 (Mixed Use Corridor) Zone of the Palomar Gateway District
Specific Plan. Located at 765 Palomar Street. APNs: 622-020-65, 622-020-51,
622-020-05, and 622-020-68.
DR23-0019 - Design Review of a 75,884-square-foot medical office building and a
372-space parking garage in the UC-7 subdistrict of the Urban Core Specific Plan
area. Located generally at the southeastern corner of H Street and Fifth Avenue.
APN: 572-010-44.
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Page 3 of 4
SPA23-0005 - Amendments to the Planned Community District Regulations within
the Freeway Commercial Sectional Planning Area. Located north of Birch Road,
east of SR 125, south of Olympic Parkway, and west of Eastlake Parkway.
MARCH
March 27, 2024:
PCS18-0003 – Two-year time extension to Tentative Map PCS18-0006, for a
previously approved for-sale, 141 multi-family residential unit development.
Located at 676 Moss Street. APN: 618-010-31.
PSP23-0002 - Coastal Development Permit and Planned Sign Program for an
existing industrial site on approximately 8.72 acres in the General Industrial (IG)
zone of the Bayfront Specific Plan. Located at 795 H Street. APN: 571-330-35.
Adoption of amendments to the City of Chula Vista General Plan to establish a
Safety Element by consolidating and updating safety goals and policies in
compliance with state law.
APRIL
April 10, 2024:
TM22-0005 - Amendments to the Otay Ranch Village Eight East Sectional
Planning Area, including associated regulatory documents and Tentative Map.
Location: Generally, south of the eastern extension of Main Street, east of Otay
Ranch Village Eight West, west of State Route 125, and north of the Otay River
Valley. APN: 644-070-21.
April 24, 2024:
Adoption of citywide amendments to Chula Vista Municipal Code Title 19 (Planning
and Zoning) to update and add chapters related to the production of affordable
housing and associated policies for low- and moderate-income households.
MAY
May 08, 2024:
Adoption of citywide Municipal Code updates – Consideration of amendments to
the Chula Vista Municipal Code.
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City of Chula Vista Planning Commission
August 14, 2024 Agenda
Page 4 of 4
JUNE
June 26, 2024:
PCS18-0003 – Two-year time extension to Tentative Map for a previously
approved for-sale sixteen (16) unit multi-family residential development. Located
at 354 Moss Street. APN: 619-010-140.
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City of Chula Vista Planning Commission
August 14, 2024 Agenda