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HomeMy WebLinkAboutOrd 1997-2711ORDINANCE NO. 2711 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.22.170 AND 19.64.180 OF THE MUNICIPAL CODE RELATING TO REQUIRED SIDEYARD SETBACKS FOR ADDITIONS TO EXISTING RESIDENCES WHEREAS, the City has initiated a request to amend the Municipal Code to allow additions to existing residential units on lots 60 feet or wider measured at front setback line to be built along the same plane of the existing residence even if not meeting the current sideyard setbacks: and WHEREAS, allowing the proposed additions along the same plane as the existing house will not affect the intent of the current sideyard setbacks to allow for access to the rear of the housing since such access would have already been precluded by the location of the existing residence; and WHEREAS, these provisions shall not apply to residential lots which are less than 60 feet wide at the front yard setback line; and WHEREAS, on June 11, 1997, the City Planning Commission voted 6-0-1 to recommend that the City Council approve the Ordinance in accordance with Resolution PCA 97-03; and WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 5, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. The City Council of the City of Chula Vista does ordain as follows: SECTION h That Section 19.22.170 of the Chula Vista Municipal Code is hereby amended to read as follows: 19.22.170 Building Additions and Remodeling. Additions, greater than 50%. If an addition to a legal existing dwelling unit constitutes an increases tff 50% or more of the floor area of the original building's square footage, the existing building, including the addition, shall comply with current zoning ordinance standards, except for the current building setback standards which would only apply to the addition. Additions, less than 50 %. If an addition to a legal existing dwelling unit constitutes less than 50% of the floor area of the original building's square tbotage, the existing building may be expanded or altered along the existing horizontal sideyard building plane provided all of the following criteria are met: Ordinance 2711 Page 2 The proposed addition is located on a lot that is 60 feet wide or greater at the front setback line; and The proposed addition maintains a minimum five foot setback from the side property line; and There is a minimum 10 foot separation between the horizontal building plane of the existing dwelling unit and the addition and the horizontal building plane of an existing residence on an adjacent lot; and There is a minimum 6 foot separation between the edge of the proposed addition and any accessory building on-site or on an adjacent property. Verification Square Footage. For purposes of Section 19.22.170, the original dwelling unit's square tbotage shall be determined by a dimensioned floor and site plan submitted by the applicant to the Director of Planning fbr review and verification. SECTION Ih That Section 19.64.180 of the Chula Vista Municipal Code is hereby amended to read as follows: 19.64.180 Uses not confi~rming to setback or height requirements-Alteration or enlargement permitted when. Any structure that is nonconforming because of setback or height requirements may be altered and/or enlarged by approval of the zoning administrator on the basis that such alteration and/or enlargement shall conform to the regulation herein except as provided for in Section 19.22. 170. SECTION IIh This ordinance shall take effect and be in full force and effect on the thirtieth day from and after its second reading and adoption. Assistant Planning Director Approved as to form by e~ yQ Ordinance 2711 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of August, 1997, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ATTEST: Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2711 had its first reading at a regular meeting held on the 5th day of August, 1997 and its second reading and adoption at a regular meeting of said City Council held on the 12th day of August, 1997. Executed this 12th day of August, 1997. ~. Authelet, City Clerk