HomeMy WebLinkAboutOrd 2004-2951
ORDINANCE NO. 2951
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.58.022 OF THE
CHULA VISTA MUNICIPAL CODE REGULATING
ACCESSORY SECOND DWELLING UNITS, TO INCREASE
THE MAXIMUM SIZE LIMIT, MODIFY THE ON-SITE
PARKING REQUIREMENTS AND CLARIFY THE
REQUIREMENTS FOR PROPERTIES WITH
NON-CONFORMING USES
WHEREAS, on January 28, 2003, the City Council of the City of Chula Vista adopted a
local ordinance for the regulation of accessory second units in conformance with Califomia
Govemment Code Section 65852.2; and
WHEREAS, said local ordinance limits the size of accessory second units to 650-square
feet and requires one on-site parking space per unit; and
WHEREAS, at the time of adoption, the City Council directed staff to re-evaluate the size
limitation for accessory second units so that property owners would have the flexibility to
develop a larger unit in situations where all other standards for an accessory second unit can be
met; and
WHEREAS, since the adoption of the new ordinance, staff has experienced situations in
which accessory second units are proposed on lots with nonconforming uses or structures and the
ordinance does not specify how such situations should be addressed; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a statutory exemption pursuant to Section 15282 (I) of the State CEQA
Guidelines; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
17, 2003 and voted 5-0-0 to forward a recommendation to the City Council to adopt the proposed
Zoning Ordinance amendments and additions dealing with on-site parking and nonconforming
situations, but not to increase the maximum unit size; and
WHEREAS, despite the Planning Commission's recommendation, the City Council fmds
that allowing larger accessory second dwelling units will provide a greater incentive for property
owners to construct this necessary housing in the City of Chula Vista.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
SECTION I. That Section 19.58.022 of the Chula Vista Municipal Code is amended as follows:
Section 19.58.022 - Accessory Second Dwelling Units.
A. Accessory second dwelling units are allowed in certain areas as a potential source
of affordable housing and shall not be considered in any calculation of allowable density
for the lot upon which it is located, and shall also be deemed consistent with the General
Plan and zoning designation of the lot as provided. Except as provided in section 3.f,
Ordinance 2951
Page 2
accessory second dwelling units, whether attached or detached, shall be considered
additions to the existing house for the purposes of evaluating existing nonconforming
structures or uses for compliance with Chapter 19.64 of the Chula Vista Municipal Code.
Required corrections of any nonconforming situations shall occur concurrently with the
addition of the new unit. Accessory second dwelling units shall be subject to the
following development standards:
1.
Accessory second dwelling units shall be limited to a maximum gross
floor area of up to 850-square feet, or shall have a gross floor area less
than the primary single family dwelling whichever is less, and may be
attached or detached above or behind a main or primary single-family
dwelling or accessory structure on the same lot.
The accessory second dwelling unit must accompany a main or primary
dwelling unit on an A, R-E, R-l or P-C zoned single-family lot.
Accessory second dwelling units are precluded from R-2 and R-3 zoned
lots.
2.
3.
The accessory second dwelling unit shall conform to the underlying
zoning and land use development standards of the A, R-E, R-l or P-C
zoned lot, such as height, bulk, and area regulations, with the following
modifications or exceptions:
a. A detached accessory second dwelling unit shall be located a minimum
of 6- feet from a main or primary single-family dwelling unit.
b. An accessory second dwelling unit is subject to the same height
limitation as the main or primary dwelling unit.
c. A single story accessory second dwelling unit may be located within a
required rear or interior side yard area, but not closer than 5-feet to any
property line. In addition, the unit and all other accessory structures shall
not occupy more than thirty percent of the required rear yard. Second
story accessory second units shall observe the setbacks of the primary
structure unless the zoning administrator approves a reduction to not less
than 5-feet through the approval of a conditional use permit as authorized
by Section 19.14.030.
d. A lot shall be a minimum 5,000-square feet in size to add an accessory
second dwelling unit. Existing lots less than 5,000 square feet may
develop an accessory second dwelling unit only if it can be incorporated
within the existing permitted building envelope.
e. The lot coverage including an accessory second dwelling unit shall not
exceed 50 percent. Lots in planned communities that are already
permitted to exceed 50 percent in lot coverage by their Sectional Planning
Area General Development Plan may include an accessory second unit if
the accessory second unit can be incorporated within the existing
permitted lot coverage.
f. Accessory second dwelling units shall be provided with one standard
sized parking space for studio, one-bedroom, or two-bedroom units; or
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Page 3
two standard sized parking spaces for units with three or more bedrooms.
Said parking is in addition to the parking requirements for the main
dwelling as specified in Section 19.62.170. The off-street parking
space(s) shall be on the same lot as the second unit, shall be screened from
view from public streets, and shall not be located within a required front or
exterior side yard setback. Tandem parking is not allowed to satisfy
required parking for an accessory second dwelling unit. Lots having
accessory second dwelling units must take access from a public street,
alley or a recorded access easement.
g. The accessory second dwelling unit shall be served by the same water
and sewer service lateral connections that serve the main or primary
dwelling unit. A separate electric meter and address may be provided for
the accessory second unit.
h. Accessory second dwellings shall be designed to be consistent in
architectural style with the main house and compatible with surrounding
residential properties. The Design Review Committee shall review
disputes about design and/or compatibility issues.
i. Any accessory second dwelling unit that is attached to an existing
residential structure shall meet the standards of Section 19.58.022, and all
applicable development standards of the existing zone.
SECTION VII. This ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Presented by
Approved as to form by
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Aiïn Moore
City Attorney
Ordinance 2951
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 3rd day of February, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
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ATTEST:
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2951 had its first reading at a regular meeting held on the 27th day of January,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
3rd day of February, 2004.
Executed this 3rd day of February, 2004.
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Susan Bigelow, CMC, City rk