RESOLUTION NO. 2025-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION REPEALING CHULA VISTA MUNICIPAL
CODE SECTIONS 19.58.022 ( ACCESSORY DWELLING
UNITS) AND 19.58.023 ( JUNIOR ACCESSORY DWELLING
UNITS)
WHEREAS, on January1, 2025, Stateof California SenateBill ( SB) 1211 establishedthe latest round of new standards for Accessory Dwelling Units ( ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, Chula Vista Municipal Code ( CVMC) Sections 19.58.022 ( ADUs) and
19.58.023 ( JADUs) are currently not in compliance with the newly- adopted SB 1211, and are required to be brought into compliance through the amendmentprocess; and WHEREAS, State ADU and JADU law has been changedmany times by the California State Legislature on a biannual basis to help further streamline and increase unit development throughout the State; and
WHEREAS, Chula Vista has to continually adopt new provisions or revise existing provisions to comply with ever- changing State Law and avoid potential adverse enforcement action by the State’s Housing and Community Development Department (HCD); and WHEREAS, by modifying the CVMC to defer all ADU and JADU regulations to the State Government Code and any applicable State regulations, Chula Vista’ s local regulations will remain in perpetual compliance with State Law helping the City to remain competitive in applying for planning and housing- related grants through HCD; and
WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determinedthat the action qualifies for the “ common sense” exemption under State CEQA Guidelines section 15061(b)(3). The action involves updates and modifications to the CVMC related to State Law compliance and clarification of previously adopted text, regarding ADUs and JADUs. The action of updating and modifying the CVMC with these changes will not result in a material intensification of uses or a change in development potential within the City above what already is permitted under State Law and the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these changes to the CVMC, there is a certainty that there is no possibility that the amendmentsmay have a significant effect on the environment; and
WHEREAS, City staff recommends that the Planning Commission approve the proposed removal of CVMC Sections19.58.022 and 19.58.023; and
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WHEREAS, a hearing time and place was setby the Planning Commission to consider the CVMC amendments, 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 Planning Commission held a duly noticed public hearing to consider said CVMC amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby recommends the City Council of the City of Chula Vista find that the proposed amendments to the CVMC identified in this Resolution qualifies for the “ common sense” exemption under State CEQA Guidelines Section 15061( b)( 3). The action involves updates and modifications to the CVMC relating to State Law compliance and clarification of previously adopted text. The action of updating and modifying the CVMC with these changes will not result in a material intensification of usesor a change in development potential within the City above what already is permitted under the existing State Law and land use and zoning policies of the CVMC that are being updated. Basedon an analysis of the natureand type of thesechangesto the CVMC, there is a certainty that there is no possibility that the amendments may have a significant effect on the environment.
BE IT FURTHER RESOLVED that the City of Chula Vista Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed ordinance repealing CVMC Sections 19.58.022 and 19.58.023, related to State Law compliance and clarification of previously- adopted text, regarding ADUs and JADUs.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council .
SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Robert A. Vacchi for Marco A. Verdugo
Interim Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 26th day of February 2025, by the following vote:
AYES: Commissioners: Burroughs, Combs, Felber Leal, Sanfilippo, and De La Rosa
NOES: Commissioners: None
ABSENT: Commissioners: Torres
Michael De La Rosa, Chair
ATTEST:
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2025-01 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 26thof February 2025.
Executed this 26thday of February 2025.
Mariluz Zepeda, Deputy City Clerk
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