HomeMy WebLinkAboutOrd 2004-2957
ORDINANCE NO. 2957
ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF
CHULA VISTA MODIFYING SECTION 19.58.022 OF TIlE
CHULA VISTA MUNICIPAL CODE
WHEREAS, on January 28, 2003, the City Council of the City of Chula Vista adopted a
local ordinance adding Section 19.58.022 to the Chula Vista Municipal Code for the regulation
of accessory second units in conformance with California Government Code Section 65852.2;
and
WHEREAS, on January 27, 2004, the City Council of the City of Chula Vista amended
Section 19.58.022 increasing the maximum size limit for accessory second units to 850
square-feet, modifying the required on-site parking for units with three or more bedrooms, and
clarifying that properties adding accessory units are required to bring nonconforming situations
on-site up to current code standards; and
WHEREAS, at the time of the amendment, the City Council expressed a desire to add
language to Section 19.58.022 that would grant the Director of Planning and Building the
authority to waive some of the on-site parking for properties adding accessory units under certain
circumstances and directed staff to return with the appropriate language as soon as possible.
THE CITY COUNCIL OF TIlE CITY OF CHULA VISTA DOES HEREBY ORDAIN:
SECTION I. That Section 19.58.022.A.3.f 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, 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.
2.
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.
Ordinance 2957
Page 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 six 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 five 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 five 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
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 Director of Planning and
Building may waive the requirement to comply with Section 19.62.170 if
doing so would be physically infeasible, or materially impair the
neighborhood character or public interest. 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.
Ordinance 2957
Page 3
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 II. This ordinance amendment 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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P ning & Building Director
(A~
Ann Moore
City Attorney
Ordinance 2957
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of April, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, Salas and Padilla
McCann, Rindone
None
ATTEST:
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Susan Bigelow, CMC, City erk
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. 2957 had its first reading at a regular meeting held on the 23rd day of March,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
6th day of April, 2004.
Executed this 6th day of April, 2004.
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Susan Bigelow, CM , I lerk