Accessory Dwelling Units –
PC Recommendation
1 City Council
Item 7.1
September 17, 2024
Background
• June 11, 2024: City Council adopted an
update to CVMC, including changes to
attached accessory dwelling unit (ADU)
size limitations.
• Second motion:
19.58.022(C)(2)(c): Up to two detached accessory
dwelling units shall be permitted on a lot with an
existing single-family or multifamily dwelling.
Legislative Process
Government Code Section 65857:
“The legislative body may approve, modify or disapprove the recommendation of the planning commission;
provided that any modification of the proposed ordinance or amendment by the legislative body not previously
considered by the planning commission during its hearing, shall first be referred to the planning commission for
report and recommendation… Failure of the planning
commission to report within forty (40) days after the
reference… shall be deemed to be approval of the
proposed modification.”
• June 25, 2024: City Council
approved the comprehensive code
package on second reading without
the proposed amendment.
• In a separate vote Council approved
sending the proposed amendment
back to the Planning Commission
and approved a timeline to return to
Council of 90 days.
Background – Cont’d.
• August 14, 2024: Planning Commission voted 5-0 to
recommend denial of the proposed amendment.
• Concerns:
Density
Neighborhood intensification
Relationship to other State Laws
Parking/traffic
Lack of time to fully and properly analyze amendment’s impacts
Planning Commission Hearing
State Law ADU Allowances
California Government Code Section 66323 (ADU Law):
• A single-family zoned property is permitted to create an ADU and Junior Accessory Dwelling Unit (JADU)
within the existing space of a single-family dwelling or existing accessory structure
AND
• A detached, new construction ADU
Owner occupancy is not required for ADUs, but is
required for JADUs
State Law ADU Allowances – Single Family
OR
1 primary unit
+1 JADU
+1 converted or attached ADU
+1 detached ADU
4 units
State Law ADU Allowances – Multi-Family
6 units (exist. Apt. bldg.)
+1 converted, attached ADU (25%)
+2 detached ADUs
9 units
Proposed
Amendment to the Chula
Vista Municipal Code –
Accessory Dwelling Units
What is Being Proposed?
Amended CVMC 19.58.022(C)(2)(c)
OR
1 primary unit
+1 JADU
+1 converted or attached ADU
+2 detached ADUs
5 units
Density Bonus Law: What Becomes Possible?
Density Bonus - California Government Code Section
65915:
Housing Development is a project of five or more
residential units.
ADUs count towards unit numbers for the purpose of
determining whether a project qualifies as a housing
development.
Density Bonus Law: What Becomes Possible?
Density Bonus - California Government Code Section 65915:
OR
2 primary units
+1 JADU
+1 converted or attached ADU
+2 detached ADUs
6 units
Development Impact Fees (DIFs)
• The City assesses DIFs for new development
proportional to the size of the project. Our DIF
program collects for the following public benefits:
Public Facilities; Transportation; Parks;
Sewers & Storm Drains; and Pedestrian Bridges
within the Villages of Otay Ranch.
• ADUs of 749 square feet or less are exempt from
paying DIFs.
Senate Bill 9
SB 9 allows homeowners to:
• Create a duplex on a single-family residential
zoned parcel
• Create a detached two-unit development on a
single-family residential zoned parcel
• Subdivide their existing single-family residential
zoned property via an urban lot split
• Sell one of the newly created parcels from the
subdivision of the original parcel
Senate Bill 10
Pursuant to SB10, the City may adopt an ordinance
to zone a parcel for up to 10 units of residential
density, at a height specified by the local government
in the ordinance, if the parcel is located in one of the following:
(1) transit rich area;
(2) an urban infill site.
Single-family properties taking full advantage of the
proposed ADU ordinance amendment would not be
required to provide additional parking for:
• The attached ADU or JADU located within the residence; • The detached ADUs (if they are located within one-half mile of walking distance to public transit); or
• The additional primary dwelling created through density bonus (if they choose to waive the parking requirement).
ADUs and Parking
By adding one additional ADU unit to single-family
properties, it may cause concerns related to CEQA:
• State ADU law provides protection from CEQA analysis
for projects up to four units.
• Any units above the state allowance may trigger
discretionary approval for the additional units.
• Additional units may also result in additional
environmental impacts and may require additional
resource studies.
CEQA
Stakeholder Engagement
July 17, 2024: Ad-hoc meeting of
Development Oversight Committee
and members from the Building
Industry Association.
• Concerns:
• No formal action taken.
Parking
Affordability
Intensification of single-family
residential lots west of I-805.
Stakeholder Engagement
October 25, 2023: Housing and
Homeless Advisory Commission
(HHAC) voiced concerns about:
• Policies increasing density in
existing neighborhoods
• Impacts on neighborhood
character, specifically parking.
OPTION 1:
1) Place an Ordinance on first reading amending
CVMC Section 19.58.022(C)(2)(c) (Accessory
Dwelling Units) at a future Council meeting, or
OPTION 2:
2) Deny the proposed amendment to CVMC
Section 19.58.022(C)(2)(c) and consider making a
referral to the City Manager’s office to conduct
research into the potential impacts of increasing
the allowable number of detached ADUs from one
to two for single-family dwellings.
BACK-UP SLIDES