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April 1, 2025
ITEM TITLE
Code Update - Amend Accessory Dwelling Unit and Junior Accessory Dwelling Unit Regulations to Align with State Law
Report Number: 25-0082
Location: No specific geographic location
Department: Development Services
G.C. § 84308 Regulations Apply: Yes
Environmental Notice : The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines
Recommended Action
Conduct the public hearing and place an ordinance on first reading amending Chula Vista Municipal Code Title 19 (Planning and Zoning) Sections 19.58.022 (Accessory Dwelling Units) and 19.58.023 (Junior Accessory Dwelling Units) (First Reading).
SUMMARY
This item proposes amendments to the Chula Vista Municipal Code (CVMC) to align regulations for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) with State Law. The amendments entirely remove the associated development standards, thereby deferring to State Government Code and any applicable State regulations for all applicable requirements.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with th e California Environmental Quality Act (“CEQA”) and determined that 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 compli ance 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.
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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 amendments may have a significant effect on the environment.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
On February 26, 2025, the Planning Commission considered the proposed CVMC amendments and voted 6- 0-0 to adopt Resolution No. 202 5-01 (Attachment 1), recommending the City Council adopt a n ordinance approving the amendments. The primary concerns from the Planning Commission were increased densities resulting from ADUs and multi-family buildings, public outreach for new regulations, and permit processing as it relates to both newly-adopted State law and our amended CVMC. All of these issues were addressed by Staff during the hearing.
DISCUSSION
Background
The California Legislature has frequently amended laws governing ADUs and JADUs in recent years to promote housing production. These ongoing changes require local jurisdictions to regularly update their ordinances to remain in compliance with State law.
Under Government Code Section 65852.2(a)(4), any local ordinance that does not conform to current State standards is deemed null and void. In such cases, the jurisdiction must apply State law directly until a compliant ordinance is adopted. Noncompliance can also expose municipalities to enforcement actions by the California Department of Housing and Community Development (HCD).
The City of Chula Vista has made consistent efforts to align its ADU and JADU regulations with State requirements. However, the frequency and complexity of legislative updates make it increasingly difficult to maintain a local ordina nce that remains compliant. To avoid the need for continual updates, reduce regulatory confusion, and ensure ongoing compliance, staff recommends repealing the City’s local ADU and JADU ordinances in their entirety and deferring to State law and applicable Government Code provisions.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of this action. Costs associated with implementing and administering the ADU and JADU permit process are recovered through permit fee revenues.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
ATTACHMENTS
1 – Planning Commission Resolution No. 2025-01
Staff Contact: Chris Mallec, AICP, Senior Planner
D. Todd Philips, Ed.D., Planning Manager