HomeMy WebLinkAboutReso 2024-183
RESOLUTION NO. 2024-183
RESOLUTION OF THE CITY COUNCIL 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 CVMC 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 Planning Commission held a duly noticed public hearing on August 14,
2024 at 6:00pm on the subject Ordinance and voted 5-0 to adopt Resolution No. 2024-11 regarding
the denial of 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, and
thereby recommends that the City Council adopt this Resolution; and
WHEREAS, additional time is needed to fully study the impacts (e.g., processing
applications, infrastructure, etc.) of adding an additional accessory dwelling unit on parcels with
existing single-family dwellings, in excess of what is currently allowed by State Law; and
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Resolution No. 2024-183
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WHEREAS, the Director of Development Services has reviewed the proposed activities
described in the related Staff Report for compliance with the California Environmental Quality
Act (“CEQA”) and has determined that the subject activities are not a “Project” as defined under
Section 15378(b)(1) of the State CEQA Guidelines; and
WHEREAS, the City Council set the time and place for a hearing on the subject 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, after review and consideration of the staff report and related materials for this
matter, the hearing was held to consider said municipal code amendment at the time and place as
advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing
was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it does deny 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, and directs City staff to conduct research into the potential impacts of increasing the
allowable number of detached accessory dwelling units on parcels with existing single-family
dwellings from one to two.
The City Council of the City of Chula Vista, in the exercise of its independent judgment,
as set forth in the record of its proceedings does hereby also adopt all findings made by the
Planning Commission, as if said findings were their own.
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Resolution No. 2024-183
Page No. 3
Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of September 2024 by the following vote:
AYES: Councilmembers: Chavez, Morineau, Preciado, and McCann
NAYS: Councilmembers: Gonzalez
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
Resolution No. 2024-183 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 17th day of September 2024.
Executed this 17th day of September 2024.
Kerry K. Bigelow, MMC, City Clerk
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