HomeMy WebLinkAboutOrd 2025-3592ORDINANCE NO. 3592
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
CHULA VISTA MUNICIPAL CODE SECTIONS 19.58.022
(ACCESSORY DWELLING UNITS) AND 19.58.023 (JUNIOR
ACCESSORY DWELLING UNITS)
WHEREAS, on January 1, 2025, State of California Senate Bill (SB) 1211 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 (ADUs) and
19.58.023 (JADUs) are currently not in compliance with the newly-adopted SB 1211, and are
required to be brought into compliance through the amendment process; and
WHEREAS, State ADU and JADU law has been changed many times by the California
State Legislature on a biannual basis to housing production throughout the state; and
WHEREAS, Chula Vista must continually adopt new provisions or revise existing
provisions to comply with State Law and avoid potential adverse enforcement action by the State’s
Housing and Community Development Department (“HCD”); and
WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State
Government Code and any applicable State regulations, Chula Vista’s local regulations will remain
in perpetual compliance with State Law helping the City to remain competitive in applying for
planning and housing-related grants through HCD; and
WHEREAS, the Director of Development Services reviewed the proposed legislative action
for compliance with the California Environmental Quality Act (“CEQA”) and determined Project
qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines; and
WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance
with the proposed repeal of 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 6-0 to adopt Resolution No. 2025-01 and thereby recommends that the City
Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the 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 Planning Commission Resolution No.
2025-01, and 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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Ordinance No. 3592
Page No. 2
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 No. 3592 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 State Law and 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.
Section I. The CVMC is hereby amended to fully repeal in their entirety, Sections
19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units).
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
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.
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Ordinance No. 3592
Page No. 3
Presented by Approved as to form by
Robert A. Vacchi Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of April 2025, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, 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. 3592 had its first reading at a regular meeting held on the 1st day of April 2025,
and its second reading and adoption at a regular meeting of said City Council held on the 15th day
of April 2025 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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4/23/2025