RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING AN AMENDMENT TO CHULA
VISTA MUNICIPAL CODE SECTION 19.58.022(C)(2)(c),
PERTAINING TO THE ALLOWABLE NUMBER OF
DETACHED ACCESSORY DWELLING UNITS FOR SINGLE -
FAMILY DWELLINGS
WHEREAS, on June 11, 2024, the City Council voted to approve an update to the Chula Vista Municipal Code (“CVMC”); and
WHEREAS, the City Council also approved an amendm ent to increase the allowable number of detached accessory dwelling units (“ADUs”) from one to two, for single -family dwellings; and
WHEREAS, the amendment to increase the number of ADUs for single -family dwellings was not originally included in the CVMC updates presented to both the Planning Commission and City Council; and
WHEREAS, Government Code Section 65857 requires such amendments by a legislative body must first be considered by the Planning Commission before City Council takes final action.
The City Council has the authority to make a referral to the Planning Commission to provide a report and recommendation on the amendment. Failure of the Planning Commission to report back to the City Council within forty days after such referral, the amendme nt shall be deemed “approved” by the Planning Commission; and
WHEREAS, on June 25, 2024, the City Council voted to refer the amendment back to the Planning Commission, consistent with Government Code Section 65857, for consideration and a recommendation. Staff requested ninety days to come back to City Council with Planning Commission’s review of the amendment; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 14, 2024 at 6:00pm on the subject Ordinance and voted 5-0 to adopt Resolution No. 2024-11 regarding the denial of an amendment to Chula Vista Municipal Code Section 19.58.022(C)(2)(c), pertaining to the allowable number of detached accessory dwelling units for single -family dwellings, and thereby recommends that the City Council adopt this Resolution; and
WHEREAS, additional time is needed to fully study the impacts (e.g., processing applications, infrastructure, etc.) of adding an additional accessory dwelling unit on parcels with existing single-family dwellings, in excess of what is currently allowed by State Law; and
WHEREAS, the Director of Development Services has reviewed the proposed activities described in the related Staff Report for compliance with the California Environmental Quality Resolution No. __________
Act (“CEQA”) and has determined that the subject activities are not a “Project” as defined under Section 15378(b)(1) of the State CEQA Guidelines; and
WHEREAS, the City Council set the time and place for a hearing on the subject Municipal Code amendment 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 staff report and related materials for this matter, the hearing was held to consider said municipal code amendment at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does deny an amendment to Chula Vista Municipal Code Section 19.58.022(C)(2)(c), pertaining to the allowable number of detached accessory dwelling units for single -family dwellings, and directs City staff to conduct research into the potential impacts of increasing the allowable number of detached accessory dwelling units on parcels with existing single-family dwellings from one to two.
The City Council of the City of Chula Vista, in the exercise of its i ndependent judgment, as set forth in the record of its proceedings does hereby also adopt all findings made by the Planning Commission, as if said findings were their own.
Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney