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AGENDA STAFF REPORT J �—;\)-
DATE: December 12, 2016
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Community Development Director
SUBJECT: URGENCY ORDINANCE AMENDING REGULATIONS FOR
ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES
IN THE CITY TO COMPLY WITH NEW STATE LEGISLATION
(ZONE TEXT AMENDMENT NO. 16-2)
SUMMARY OF REQUEST:
1. That the City Council adopt Urgency Ordinance No. 1662 amending regulations
for accessory dwelling units in residential zones in the City to comply with new
state legislation, to be effective immediately.
2. Direct staff to further evaluate the impact of the new state legislation addressing
accessory dwelling units and bring back a report to the City Council, within 45
days.
BACKGROUND: -
The Seal Beach Municipal Code currently includes regulations that allow second
dwelling units in specified residential zones, subject to specific requirements, in
compliance with California Government Codes. In late September, Governor Brown
signed Assembly Bill 2299 (AB 2299) and Senate. Bill (SB 1069), amending the
Government Code as it relates to second dwelling units.
The new legislation was written with the intent to increase the housing supply in
California by facilitating the creation of new second dwelling units. This legislation now
further limits the ability of local jurisdictions to regulate second dwelling units (now
described as "accessory dwelling units" or "ADUs") and will become 1 effective on
January 1, 2017. Local jurisdictions will be required to ministerially approve accessory
dwelling units that meet minimal state criteria if the jurisdiction does not; have an
ordinance in:place that is compliant with all new standards set forth in AB 2299 and SB
1069. The new legislation also places some additional restrictions on the ability of cities
to regulate accessory dwelling units. All cities in the state will need to modify their
Agenda Item I
existing zoning ordinances to meet the new standards that have been adopted by the
legislation.
ANALYSIS:
The City's Municipal Code is compliant with previous Government Code Sections but
amendments are now required to comply with the new legislation. The items listed
below identify permissible areas of local regulation and describe the limitations that
have been imposed on cities by the new legislation.
Ministerial Approval
As under existing law, applications for accessory dwelling units will need to be approved
or disapproved ministerially (no discretionary review) within 120 days of receipt.
Currently the City's Planning Division reviews and issues decisions on applications for
accessory dwelling units, and will continue to do so under the new legislation and
ordinance.
Location
The City can continue to designate areas where ADUs are permitted, but a prohibition
on ADUs must be justified by express findings. No changes have been proposed to the
existing code regarding permissible locations for ADUs in the City. The Municipal Code
will continue to allow accessory dwelling units in the RLD-9, RLD-15, RMD, and RHD
zones, excluding Old Town. The Old Town area is a very congested area within the
City, with limited on-site access and parking. Properties generally contain minimal three
foot setbacks, less than the five foot setback minimums identified as reasonable in the
new legislation itself. Individual lots generally have little or no parking and are
considered nonconforming with regard to parking requirements under the 'Municipal
Code, resulting in residents parking on public streets that are also congested with
regard to parking. Most lots in Old Town are also built out, with little or no area for
additional construction. The minimal setbacks, combined with the built-up nature of the
lots and lack of adequate parking, demonstrate that this area would not be able to
support an influx of new accessory dwelling units as parking, access and traffic would
be further restricted. Consequently, ADUs will continue to be prohibited in the Old Town
area. The draft Urgency Ordinance contains express findings justifying the prohibition in
Old Town based on public safety impacts.
Development Standards
The Municipal Code currently requires all accessory dwelling units to meet the
development standards applicable to the residential zone in which they are located.
The code will continue to require that the accessory dwelling unit meets all applicable
development standards including setbacks, parking and height limitations. An
application for an accessory dwelling unit in an existing structure must be approved if
the ADU is located in a single-family zone, has independent exterior access from the
existing residence, and the side and rear setbacks are sufficient for fire safety.
Page 2
Accessory dwelling units also shall not be required to provide fire sprinklers if they are
not required for the primary residence.
ADU Parking Requirements
The Municipal Code currently requires a minimum of one parking space for an
accessory dwelling unit or one parking space per bedroom for units with more than one
bedroom. The Municipal Code will continue to require additional parking be provided on
the property adding the accessory dwelling unit. However, the new legislation restricts
the City's ability to require that these parking spaces be located within a garage. The
new parking may be uncovered, covered or provided in a tandem configuration, unless
specific findings are made.
Additionally, the new legislation states that a local jurisdiction cannot require additional
parking for accessory dwelling units when the property meets any of the criteria below.
• Located within one-half mile of public transit;
• Located within an architecturally and historically significant district;
• Part of the existing primary residences or an existing access structure including
basement and garage conversions;
• Located within one block of a car share vehicle; or
• Located within an area where the city requires on-street parking permits but does
not offer the permits to the ADU occupant.
Zoning/General Plan Consistency
The Municipal Code currently restricts accessory dwelling units to residential zones
which maintain compliance with the General Plan land use designation for residential
areas. The code will continue to restrict accessory dwelling units to residential zones
only. Accessory dwelling units may not count against the maximum density of sites.
Operational Standards
The Municipal Code currently contains specific operational provisions to ensure that
accessory dwelling units remain consistent with the residential neighborhoods in which
they will be located. Many of these regulations will remain as described below, with the
exception of an increased maximum size for accessory dwelling units as required by the
new legislation.
• Rental — The unit is not intended for sale separate from the primary residence
and may be rented. This is part of the existing code and will remain. Cities may
also prohibit short-term rentals (less than 30 days). The proposed urgency
ordinance contains a prohibition on rentals of less than 30 days.
• Zone — The lot is zoned for single-family or multi-family use and contains an
existing single-family dwelling. This is part of the existing code and will remain.
Page 3
• Lot Requirement — The accessory dwelling unit located on the same lot as an
existing single family dwelling. This is part of the existing code and will remain.
• Size — The unit cannot exceed 50% of the existing residence, with a maximum of
1,200 sq. ft. The existing code had lower size maximums so it has been
amended to meet this standard of the new legislation.
• Owner Occupied — The property owner is required to occupy either the primary
residence or the accessory dwelling unit. This is part of the existing code and will
remain.
The proposed amendments in the attached ordinance are proposed to reflect the
changes that resulted from new state legislation. As noted previously, the primary
changes in the proposed amendments reflect the new term change from "second
dwelling units" to "accessory dwelling units," the new allowance for larger units, and the
states flexibility in applying parking requirements.
Justification for Urgency Ordinance
The new legislation indicates that if a local jurisdiction's ordinance is not compliant with
all new regulations, then the existing ordinance is null and void and accessory dwelling
units must only comply with the minimal state standards. The City understands that the
Legislature may consider clean-up legislation, and the California Department of Housing
and Community Development ("HCD") also intends to issue guidance on
implementation issues later in December. Enactment of the urgency ordinance prior to
January 1, 2017 will allow the City to maintain regulations in place to continue to
standardize the location, use, and development standards of accessory dwelling units,
pending further evaluation of the new legislation, any clean-up legislation, and
consideration of further modifications to the Municipal Code based on HCD guidance.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item. Pursuant to the California
Environmental Quality Act ("CEQA"), the Planning Department has determined that the
proposed amendments to accessory dwelling unit regulations is exempt from the
requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines
Section 15282(h) which exempts the adoption of an ordinance regarding second units in
a single-family or multi-family residential zone.
LEGAL ANALYSIS:
The City Attorney has reviewed the urgency ordinance and has approved as to form.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
Page 4
RECOMMENDATION:
That the City Council adopt Urgency Ordinance No. 1662, amending regulations for
accessory dwelling units in residential zones in the City to comply with new state
leg. lation.
S B ITTED : : NOTED AND APPROVED:
+gym Basham . Ingram, City M:: :ger
Director of Community Development
Prepared by: Crystal Landavazo, Senior Planner
Attachment:
A. Urgency Ordinance No. 1662
Page 5
Attachment "A"
URGENCY ORDINANCE NO. 1662
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND
RELATED DEVELOPMENT STANDARDS (ZONE TEXT
AMENDMENT 16-2)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Urgency Findings. On December 12, 2016, the City Council
considered the adoption of this Urgency Ordinance at a duly noticed public meeting,
and on the basis of the record thereof finds the following facts to be true:
(a) Effective January 1, 2017, Assembly Bill 2299 ("AB 2299") and 'Senate Bill
1069 ("SB 1069") amend Government Code Section 65852.2 to further limit the
standards cities may impose on second units (now termed "accessory dwelling units").
(b) As amended, Government Code Section 65852.2 requires that the City's
zoning provisions regarding accessory dwelling units incorporate State-mandated
standards for certain types of accessory dwelling units.
(c) In addition, Government Code Section 65852.2 as amended ;allows the
City to establish certain objective standards related to parking, height, setback, lot
coverage, landscaping, and certain architectural requirements, which must be applied
ministerially except where a property owner is seeking an exception to such standards.
(d) In the absence,of a State-compliant Accessory Dwelling Unit ordinance on
January 1, 2017, the City's existing second unit standards may be considered null and
void pursuant to Government Code Section 65852.2(a)(4) and the City would be
required to approve any accessory dwelling unit meeting minimal state criteria.
(e) Lots in the RHD-20 District located in Old Town, Certain zoning districts
and residential sites in the City cannot accommodate accessory dwelling units because
they this zoning district contains substandard lots insufficient setbacks between
neighboring lots, and are-is characterized by a lack of both adequate on-street and off-
street parking for existing primary dwelling units. •- - - - - - -
e e e". - -- -- e 2 •. Government Code Section 65852.2, astamended,
eliminates in some instances, off-street parking requirements for accessory dwelling
units and consequently would further negatively impact the ability of property; owners in
those zoning dist^^ts Old Town to provide sufficient off-street parking for the primary
residence on-site, and would also result in increased public safety impacts, in
particularly those related to fire, traffic and access. Allowing accessory dwelling units in
these zoning districts Old Town would preclude the City from being able to provide
adequate fire protection services to residents of the subject site, as well as nearby
property owners, resulting from severely restricted access to the primary residence or to
detached accessory dwelling units from the public street. In addition, elimination of off-
Ordinance No 1662
street parking requirements for certain accessory dwelling units will increase a zoning
district already characterized by a severe shortage of on-street public parking for
residents within those zoning districts, particularly those who require their own vehicles
for transportation to. jobs and for medical treatment. Section 65852.2, as amended,
provides that offstreet parking for accessory dwelling units shall be permitted in setback
areas in locations determined by the City or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not feasible based
on specific site or regional topographical or fire and life safety conditions. The lots in
other zoning districts are insufficient in size to allow parking in rear, side or front yard
setbacks, due to the parking requirements for the primary dwelling unit and restricted
driveway length and width, and limited distance between neighboring lotsi Allowing
parking in rear, side and front yard setbacks in the City's other zoning districts is not
feasible, due to fire and other life safety concerns: The addition of accessory dwelling
units and the corresponding need for additional parking and/or relocation lof existing
parking for the primary dwelling unit would result in restricted ingress and egress
between the public street and the primary dwelling unit and accessory dwelling unit, and
therefore setback parking is not allowed. The provisions set forth in this urgency
ordinance balance the requirements of Government Code Section 65852.2 with the
unique topographic, traffic, parking and fire issues characteristics of properties and
zoning districts within the City.
(e) Based on the foregoing, the City Council finds and determines that the
immediate preservation of the public health, safety and welfare requires that this
ordinance be enacted as an urgency ordinance pursuant to Seal Beach Charter Section
412 and California Government Code Section 36937(b), and take effect immediately
upon adoption so that the City will have a State-compliant Accessory Dwelling Unit
ordinance in,place as of January 1, 2017, and the City remains able to protect residents
and businesses from adverse fire and other public safety impacts resulting iflaccessory
dwelling units were otherwise allowed in these zoning districts areas and sites where
there is insufficient parking,, setbacks and access. Therefore, this Ordinance is
necessary°for'the immediate preservation of the public peace, health, safety and welfare
and its urgency is hereby declared.
SECTION.2. Table 11.2.10.015 of the Seal Beach Municipal Code is hereby
amended as follows:
11.2.05.015 Development Standards.
Table 11.2.05.015: Development Standards for Residential Districts, prescribes the
development regulations for residential districts, including lot dimensions, building form
and location, pedestrian orientation, vehicle accommodation and other standards. The
"Supplemental Regulations" column indicates more detailed explanations or regulations
that follow the table (by letter designation) or that are located elsewhere in this zoning
code. The designations "RLD-9" etc. indicate the base residential district designation
and the maximum number of residential units allowed per net acre.
2
Ordinance No. 1662
Table 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS,
• RHD', RHD ;Supplemental
RLD=9 RLD-15"s RMD=18 •L• -? RHD-33
20 ' .46 Regulations
•
Density/Intensity:ofUse Lot
Dimensions - - f
Maximum Density 1 unit See Section
per 1 unit per 1 unit 1 unit 11.4.05.115 for
5,000 3,000 sq. 1 unit per per 1 unit per per Second
sq. ft. of ft. of lot 2,500 sq. 2,178 1,350 sq. 960 Dwelling Unit
lot area, area, plus ft. of lot sq. ft. ft. of lot sq. ft. standards. See
plus a a "Second area of lot area of lot Subsection A
"Second Unit" area area for Surfside
Unit" Standards
Maximum.,Density See Chapter
with State Affordable 11.4.55:
Housing Bonus Affordable
(du/ac) Housing
' Bonus
Minimum Lot Area
(sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
Nonresidential Uses 10,000 1.0,000 10,000 10,000 10,000 10,00
0
Minimum Lot Size
(ft)
Interior Lots 25 x 50 x
50 x 100 30 x 80 50 x 100 100 50 x 100 100 (W)
Corner Lots 55 x
55 x 100 35 x 80 50 x 100 25 x 55 x 100 (W)
100 100
Minimum Floor
Area (sq. ft)
Primary Dwelling 1,200 1,200 (E) 950 950 950 950 L-1
Unit
Efficiency Second 150 150 150 150 150 150 L-1
Accessory Dwelling
3
Ordinance No. 1662
2CD=9: RLD-15 RMD 18 [RHD- RHD,-33 ?RHD Supplemental
. 20` r 46 Regulations
.
Unit
1-Bedroom Seeend
Accessory Dwelling 400 400 400 400 400 400 L-1
Unit
2+-Bedroom Second
Accessory Dwelling 600 600 600 — — — L-1
Unit
Maximum Floor Area for
Second-Accessory Dwelling
Units
Detached Second 800-1,200 800-1 800-1 _ _
Accessory Dwelling _sq. ft sq. ft sq. ft
Unit
Attached Second 3950% of
3050% of 3050% of
Accessory Dwelling existing
Unit existing existing living
living area livinq area area of
of primary of primary primary — — — (L-4)
unites unit, up to unit, up to
maximum maximum maximum
of 1.200 of 1,200 of 1,200
sq. ft.
sq. ft.
Maximum Lot (B) 67 50 75 (B) 60 80 ;(B) (W)
Coverage (%)
Substandard Lot Yes Yes Yes Yes Yes Yes (C)
Standards
Building Form,
and'Location
Minimum Yards
(ft.)
Front Minimum Average Averag
12; e 12; (D) (E) (W); L-
(D) (E) 18 18
minimum minimu i 3
6 m6
Interior Side- 10% of lot 10% of 10% of lot 10%
Minimum (A) (D) (E) width; 3 lot width; 3 of lot (A) (D) (E) (W)
ft. width; ft. width;
minimum; 3 ft. minimum; 3 ft.
4
Ordinance No. 1662
RHD-• RHD- 'Supplemental'
, RLD=1:5 RMD ,18 RHD43 . -_ �.
20 46 .!Regulations
10 ft. minimu 10 ft. minim
maximum m; 10 maximum um;
ft. 10 ft.
maxim maxi
um mum
Corner Side = 15% of 15%
Minimum 15% of lot 15% of lot lot 15% of lot of lot
width; 10 width; 10 width; width; 10 width;
ft. (E) ft. 10 ft. ft. 10 ft. (E) (W)
maximum maximum maxim maximum maxi
um mum
Rear 5 ft.; but
when 24 ft.
abutting 24 ft.
10 (E) an alley
minus minus E W
O 24 ft. width of O ( )
minus of the the alley.
width of alley.
the alley.
Main Building }
Envelope, E
Flood Zone Heights Yes Yes Yes Yes Yes Yes (F)
Maximum Height 25 (A) (G)
(ft.) (not to I
exceed 2 25 (E) (G) 25 35 35 (A)i(G) (E) (W)
stories)
Maximum Height of
Downslope Skirt 6 6 6 6 6 6 (H)
Walls(ft:)
Projections Yes Yes (E) Yes Yes Yes Yes (I) (E) (W)
Minimum Distance
Between Buildings 6 6 6 6 6 10-20 (J)
on the Same Lot
(ft.)
Minimum Court 15 15
Dimensions (ft.)
Building Design; -
Exterior Stairways Yes Yes Yes Yes No No L-2
5
Ordinance No. 1662
1
RL RHD- I :AHD- [Supplemental:
D-9' RLD-15' 9RMD-18 20 RHD-33 46 ' -
Regulations
Prohibited
Porches Yes — — Yes — — (K)
Vehicle - I '.•Accommodation ",. 1
Off-Street Parking
and Loading See Chapter 11.4.20. Off-Street Parking and Loading
Maximum Number
of Curb Cuts for 1 (L) 1 1 1 1 1 (L)
Driveway
Maximum Width of 18 — — — — — (M)
Driveway (ft.)
Limitations on
Parking and Yes Yes Yes Yes Yes Yes (N)
Garage Frontage
Landscaping and '. I
Open Space
Minimum
Permeable
Surface/Maximum 60/50 60/50 60/50 60/50 60/50 60/50 (0)
Paving in Street-
Facing Yards (%)
Minimum Site Area (E), (P); See
Devoted to 25 15 (E) 15 Yes 15 15 also Section
Landscaping (%) 11'.4.30.015
Planting Required Yes Yes Yes Yes Yes Yes (Q)
on Downslope Lots
Pedestrian — — Yes Yes Yes Yes (R)
Walkways
O,the�
Development; f
Standards; f
Accessory See Section
Structures Yes Yes Yes Yes Yes Yes 11!4.05.100;
I (W)
2-Story — — — — Yes — (S)
Cabanas/Manufact
6 I
Ordinance No. 1662
RHb 4214D- ,Supplemental
RL'D=9` RLD`15' RMD.18 RHD-33
20 - Regulations
ured Homes
Roof Decks Yes — Yes Yes Yes Yes (T)
Solar Access Yes Yes Yes Yes Yes Yes See Section
11.4.10.045
Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter
111.4.15
General Site See Chapter 11.4.10: General Site
Standards Standards
Landscaping and See Chapter 11.4.30: Landscaping and Buffer
Buffer Yards Yards
Signs See Chapter 11.4.25: Sign Regulations
Nonconforming See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Structures
Coastal
Development See Chapter 11.4.35: Coastal Development Permit
Permit
Reasonable See Chapter 11.5.30: Reasonable Accommodations,
Accommodations
L-1: Second-Accessory Dwelling Units are not allowed in the RHD-20 District located
in Old Town due to fire, access, parking and traffic impacts.
L-2: Exterior stairways providing access from the ground level and/or the first floor to
the second floor or above are prohibited when such stairways are not specifically
required by the California Building Code. Exterior stairways may be permitted
through the building permit process in the RLD-9 district on properties with a second
story kitchen existing as of March 9, 1998. In such a case, a covenant shall be
recorded on the title of the property stipulating the property is to be used only as a
Single-Unit dwelling. Exception: Exterior stairways may be permitted on Single-Unit
dwellings located within identified flood zones upon approval of an administrative use
permit pursuant to Chapter 11.5.20: Development Permits.
L-3: Refer to Appendix A - City Council Approved Blanket Setback Variances.
L-4: As used in this Section, "living area" means the interior habitable larea of a
dwelling unit including basements and attics but does not include a garage or any
accessory structure.
SECTION 3. The following regulation is hereby amended in Section 114.05.115
of the Seal Beach Municipal Code:
11.4.05.115 Residential Uses—Second Accessory Dwelling Units.
7
Ordinance No. 1662
The following regulations are intended to comply with Government Code Sections
65582.1., 65583.1, 65589.4, 65852.150—ands 6585Z2, and 66412.2 or any!successor
statutes, on cecond accessory dwelling units and implement the general plan, by
allowing cecond accessory units in specified residential districts subject to the following
requirements:
A. Second—Accessory Dwelling Units PdSubiect to Administrative
Review.
•
1_Application. An application for a sccondan accessory dwelling unit that meets
the standards contained in Subsections (B) through (P) of this sSection 1!1.4.05.115
shall be approved ministerially without discretionary review, notice) or public
hearing.. An owner may apply for an accessory dwelling unit by submitting an
application to the Director of Development-Services on a form provided by the City.
The application form shall specify the information from the applicant'. The City
Council may establish a fee forthe application.
2. Decision. The Director shall consider the application without discretionary review,
public notice or hearing in accordance with Chapter 11.5.25, Chapter 11.5.25
Director Determinations. The Director shall approve the application if the or she
determines the application meets all requirements and standards in subsections (B)
through (P) of this Section 11.4.05.115 and in the applicable zoning district. The
Director shall deny the application if he or she determines it does not meet all such
requirements. The decision of the Director may be appealed in accordance with
Section 11.5.25.025.
B. Where—Locations Allowed. Second—Accessory Ddwelling 13unitsj may be
established on any lot in the RLD-9 and RLD-15 Districts, and in the RMD and RHD
Zones, excluding Old Town, where a primary single-unit dwelling has been
previously established or is proposed to be established in conjunction with
construction of a cecondan accessory dwelling unit, subject to compliance with all
requirements of this section and the requirements of the underlying zoning district.
Only one second--accessory dwelling unit is permitted per primary ;single-unit
dwelling on the same lot.
C. Primary Dwelling Unit. A. legal single-unit dwelling (the "primary dwelling unit")
must exist on the lot or must be constructed on the lot in conjunction with the
construction of the cecond accessory dwelling unit. Such primary dwelling unit is
further defined as a building that provides complete, independent living facilities, as
defined herein, for one or more persons as defined herein.
D. Independent Living Facilities and Access.
1.PrseserrdAn accessory dwelling unit shall provide independent living facilities for
one or more persons and include permanent provisions for living, sleeping, eating,
cooking (including a kitchen, as defined herein), and sanitation.
2.The accessory dwelling unit must provide independent—a separate exterior
access. The exterior access shall be a standard exterior door and shall be located
in a manner that will preserve, to the greatest extent feasible, the privacy of the
primary residence, other accessory structures and any adjoining residences.
8
Ordinance No. 1662
E. Maximum and Minimum Floor Area.
1. The maximum and minimum floor areas of a second dwelling unit are set
forth in. Table 11.4.05.115.E: Second Dwelling Unit—Maximum and Minimum
Floor Area.
Table 11.4,05.115.E
SECOND DWELLING UNIT—MAXIMUM AND MINIMUM FLOOR AREA
i
Type of Second Urjit 'LArea'(Square Feet) I ,
Maximum Floor Area
Detached 0001,200
Attached 3050% of existing living area of primary
residential unit, maximum increase of floor
area of 1,200** max
Minimum Floor Area
Efficiency 150
1-Bedroom 400
2-Bedroom 600
**Living area": See definition of"living area" in Table 11.2.05.015, Note (L-4),!
F. Zoning Requirements. Except as otherwise provided in this Section, ministerial
approval for A secondAn an accessory dwelling unit shall not be issued 'unless the
proposed 'accessory dwelling unit comply-complies with the same height, setback,
It size, lot coverage, and other applicable zoning requirements as apply to the
primary dwelling unit
G. Entrance Location and Visibility. A-secendAn accessory dwelling unit 'shall have
an outdoor entrance separate from the primary dwelling. In order to maintain the
single-unit residential character of the street, the entrance to the seven&accessory
dwelling unit shall be located so that it is not visible from the public right-of-way.
H. Emergency Access. A dAn accessory dwelling unit may be permitted only
on a lot with access to a public street that meets the fire apparatus access road
requirements of the California Fire Code Section 902.2.2.1 et seq. or any successor
regulations.
I. Parking.
1. Number required. Except as otherwise provided in this subsection, aA minimum
of 1 covered parking space shall be required for each second-accessory dwelling
unit. A non-efficiency accessory dwelling unit must provide one parkinqi space for
each bedroom. The required offstreet parking space may be provided as tandem
parking on an existing driveway, subject to compliance with all other requirements
of this Section. No second accessory dwelling unit shall be allowed unless the
9
Ordinance No. 1662
primary dwelling is also in compliance with all applicable parking requirements of
this zenirtg-cCode. An accessory dwelling unit is not required to provide parking in
any of the following instances:
(a) The accessory dwelling unit is located within one-half mile (as measured
by public pedestrian or vehicle access) of public transit.
(b)- The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(c) The accessory dwelling unit is part of the existing primary residence or an
existing accessory structure.
(d) When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(e) When there is a car share vehicle located within one block of the
accessory dwelling unit.
2. Obstructions. The location of the required parking space(s) for an 'accessory
dwelling unit shall not obstruct the parking of the primary unit or ingress and egress
from the public street. At least one of the required parking space(s) for the
accessory dwelling unit and at least one of the required parking space(s) for the
primary dwelling unit shall each be independently accessible at all times so that
clear access is provided for each subject motor vehicle to access the public street,
and the configuration of the parking shall not obstruct fire and other public safety
access to and from the primary dwelling unit or accessory dwelling unit. No parking
for the accessory dwelling unit or primary dwelling unit shall be permittedlwithin any
front, rear or side yard setbacks.
3. Replacement on Demolition. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an laccessory
dwelling unit, the off-street parking spaces for the primary dwelling unit shall be
replaced, in a ratio of one'to one, and shall be covered. No accessory dwelling unit
shall be permitted which shall cause the parking spaces for the primary dwelling
unit to fall below the minimum required number of parking spaces for the primary
unit.
4. Notwithstanding any of the foregoing, where an existing garage or other
accessory structure is converted into an accessory dwelling unit, any required off-
street parking for the primary unit must be replaced elsewhere on the subject
property in accordance with the requirements of this Code as set forth in Section
Table 11.4.20.015.A.1.
5. Notwithstanding any of the foregoing, parking for any attached on detached
accessory dwelling unit shall not obstruct any public sidewalk, public street or any
other public right-of-way for pedestrian travel, including but expressly not limited to,
passage by a person in a Wheelchair.
J. Ownership. The property shall be the primary residence of the property owner.
The owner must occupy either the primary dwelling unit or second-accessory
dwelling unit as his or her primary principal residence.
10
Ordinance No. 1662
K. Deed Restriction. The cccond accessory dwelling unit shall not be sold,
transferred, or assigned separately from the primary dwelling unit. Before obtaining
a building permit for the cccond accessory dwelling unit, the owner of the lot or
parcel shall file with the county recorder a declaration or agreement of restrictions,
which has been approved by the city attorney as to its form and content) containing
a reference to the deed under which the property was acquired by the !owner and
stating that:
1. The cccond accessory dwelling unit may be rented, but shall not be sold
separately from the primary dwelling unit.
2. The accessory dwelling unit shall be considered legal only
so long as either the primary dwelling unit,or the cccond accessory dwelling
unit is occupied by the owner of record of the property. '
3. If the accessory ctructure dwelling unit is used for rentals, the rental terms
must be for longer than 30 consecutive days.
34. The restrictions shall be binding upon any successor in ownership of the
property and lack of compliance shall result in legal action against the property
owner.
L. Impact on Historic Resources. No second dwelling unit may be approved if
located on, or adjacent to, real property that is listed on the California Register of
Historic Places. (Ord. 1598)
M. Setbacks. No setback shall be required for an existing garage or
accessory/detached building that is converted to an accessory dwellinq unit
provided it meets fire and building code requirements. An accessory dwelling unit
constructed above a garage shall have a minimum setback of five feet.
N. Design Criteria.
1.Architectural style and building form of Accessory Dwelling Units shalll match the
color, style and form of the primary residence. Architectural details, including, but
not limited to windows, roof pitch, and trim shall match the main building on the
property. i
2. Lighting shall be shielded or directed so that it does not glare off-site or illuminate
the primary residence or adjacent property.
3.Windows shall be located to avoid line of sight to windows of adjacent properties.
Obscured glass and other techniques may be used to avoid line of sight.
O. Health and Safety.
1.Accessory dwelling units must, at a minimum, adhere to the fire safety standards
in the. Building and Fire Code for residential structures and use measures such as
fire preventative site design, landscaping and building materials, and other required
fire suppression techniques as determined by the Fire Marshal. Accessory dwellinq
units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
11 i
Ordinance No. 1662
2.Accessory dwelling units proposed to be developed in areas of geologic hazard
must not be endangered by, nor contribute to, hazardous conditions onl the site or
on adjoining properties.
3. If the accessory dwelling unit proposed to be developed is in a Special Flood
Hazard Area identified on the City's Flood Insurance Rate Map and/or in an area
known for flooding, the finished floor level of the improvements shall be above the
base flood elevation. '
P. Building Permits and Codes. In addition to the provisions herein, accessory
dwelling unit construction shall be subject to all applicable provisions and
requirements of Title 9 of this code.
Q. Coastal Zone. Notwithstanding any other provision of this Code, laccessory
dwelling units proposed in the Coastal Zone shall comply with all applicable
requirements of the City's Local Coastal Plan and the California Coastal Act (Public
Resources Code Section 30000 et seq.), as amended from time to time, including
but expressly not limited to, a coastal development permit. See Chapter 11.4.35.
SECTION 4. The following regulations are hereby amended in Table
4.20.015.A.1 of the Seal Beach Municipal Code:
Table 11.4.20.015.A.1
REQUIRED PARKING
;Required Off-Street f
Use Glassificatwn Parking;Spaces. . Additional`Reg iiatiorisy
Residential,Use Types.. i
Single-Unit Dwelling 2 spaces per studio unit.
2 spaces per dwelling unit for
each unit of 1 to 5 bedrooms.
3 spaces per dwelling for each See also Section
unit of 6 bedrooms or more 11.2.05.015.N: Limitations on
plus 1 additional space for Parking and Garage Frontage.
each bedroom above 6 total All required spacesImust be
bedrooms in the dwelling unit. located in a garage! See also
Section 11.2.05.015.N.4:
Required Garage Exception-
RLD-9 District. SeeFalso
Section 11.2.05.015.N.5:
Required Garage Ezception-
Surfside. See also Section
11.2.05.015.N.6: Required
Garage Exception RHD-20
District. See also Section
11.4.40.010.8: Maintenance,
Nonstructural Repairs and
12
Ordinance No. 1662
Required Off-Street- yy'
`Use.Class fication< Parkmg Spaces J;Additional'_Regulations
Interior Alterations. Note:
Additions to existing single-
unit dwellings may have a
reduced parking requirement
approved by minoriuse permit
subject to Chapter 11.5.20:
Development Permits.
Second Accessory Dwelling 1 space for efficiency Section 11.4.05.115.1
Unit second-accessory dwelling Residential Uses -Second
unit and 1 space per bedroom Accessory Dwelling Units.
for non-efficiency second Required spaces may be
accessory dwelling units. provided in tandem's
configuration on existinq
driveway subject td public
safety requirements.
Two-Unit.Dwelling; Multiple- 2 spaces per dwelling unit for See also Section
Unit Residential each unit. 1 guest space.for 11.2.05.015.N. Limitations on
every 7 units. 1 space per Parking and Garage Frontage.
dwelling unit, inclusive of All spaces except guest
guest parking, for each studio spaces must be located in a
ozone-bedroom unit in a garage or carport.
development meeting the
minimum requirements of
Chapter 11.4.55: Affordable
Housing Bonus.
Small Family Day Care No additional spaces required
(besides the required spaces
for the residential dwelling).
Large Family Day Care 1 space per employee, with a Section 11.4.05.045.B: Large
Minimum of 3 provided. Family Day Care Homes
Group Housing 0.5 space per unit See also Section
11..2.05.015.N: Limitations on
Parking and Garage Frontage.
Senior Citizen Housing 0.5 space per unit See also Section
11.2.05.015.N: Limitations on
Parking and Garage Frontage
Transitional Housing 0.5 space per unit See also Section
11.2.05.015.N. Limitations on
Parking and Garage Frontage
aPubbc, Semi-Public, and
rServrce Use Types' f
Cemetery To be determined by Director,
who may require-a parking
demand analysis.
13
Ordinance No. 1662
Required Off-Street .1,
,Use Classification -'arkmg;`Spacei Additional Regulations
Clubs and Lodges 1 space per 5 fixed seats or
per 75 square feet of main
assembly area, whichever is
greater. Each 24" of bench
type seating is considered 1
seat.
Community Center 1 space per 5 fixed seats or
per 75'square feet of main
assembly area, whichever is
greater. Each 24" of bench
type seating is considered 1
seat.
Social Service Organization To•be determined by director,
who may require parking
demand analysis.
Cultural Institutions 1 space per 5 fixed seats or
per 75 square feet of main
assembly area whichever is
greater. Each 24" of bench
type seating is considered 1
seat.
Day Care Center 1 space per employee, with a Section 11.4.05.045.C: Child
minimum of 3 spaces Day Care Center
provided.
Golf Course Minimum of 5 spaces per hole.
Government Offices 1 space per 400 square feet.
Hospitals and Clinics
Hospitals 1 space per bed.
Clinics 1 space per 250 square feet.
Park and Recreation Facilities To be determined by director,
who may require parking
demand analysis.
Parking Facilities, Public 1 space per attendant station.
Public Maintenance and To be determined by director,
Service Facilities who may require parking
demand analysis.
•
Public Safety Facilities To be determined by director,
who may require parking
demand analysis.
Religious Facilities 1 space per 5 fixed seats or
per 75 square feet of main
assembly area, whichever is
greater. Each 24"of bench
14
Ordinance No. 1662
;Required Off Street
;Use°Classification :ParkirigSpaces Addit�onalReguletions
type seating is considered 1
seat.
Residential Care Facilities
Residential Care, General 1 space per 2 employees, plus
1 space per facility vehicle.
Residential Care, Limited None required above the
requirement for the residential
dwelling type.
Residential Care, Senior 1 space per 5 beds.
Schools, Private Junior high/elementary school:
1 space per classroom, plus 1
space per 300 square feet of
office area.
High.school: 1 space per
classroom, plus 1 space per
300 square feet of office area,
plus 1 space per 10 students.
4Commercia[`.Use Ty'pes',: -
AdulfBusiness Establishments 'Retail establishments: 1 space
per 300 square feet.
Bars 1 space per 100 square feet.
Animal Sales and Services 1 space per 300 square feet.
Kennel 1 space per 1000 square feet
of building area.
Artists' Studios 1 space per studio.
AutomobileNehicle Sales
and Services
Automobile Rentals 1 per 300 square feet of office
area in addition to
storage/display spaces for all
vehicles for rent.
AutomobileNehicle Sales and 1 per 300 square feet of office
Leasing area in addition to
storage/display spaces for all
vehicles for sale or lease.
AutomobileNehicle Service 1 space per service bay (not
and Repair, Major including areas for auto
service or auto storage), plus
parking for any towing vehicles
15
Ordinance No. 1662
Required Off Steet ' '
A
Use Classification sParkin°g;Spaces' . ' ;Additional Regulations
used in the operation.
Automobile Service 1 space per 300 square feet of
StationNehicle Service and any convenience store plus 1
Repair, Minor space per service bay if repair
occurs on-site On addition to
spaces at pumps, queuing
areas for pumps, and areas for
self-service water and air
areas).
Automobile Washing 1 per 300 square feet of any
indoor sales, office, or lounge
areas.
Large Vehicle Sales, Services 1 space per 300 square feet of
and Rental office area in addition to
storage/display spaces for all
vehicles for rent.
Banks and Other Financial 1 space per 250 square feet.
Institutions
With Drive-Through Facilities 1 space per 250 square feet of
floor area. No additional
spaces required for drive-
through facility.
Automated Teller Machines 2 spaces per ATM.
(ATMs)
Bed and Breakfasts 1 space per guest room, in Section 11.3.05.015: General
addition to 1 space required Provisions
for resident owner.
Building Materials and 1 space per 500 square feet of Section 11.4.20.015.F:
Services building area plus 1 space per Substitution of Compact for
600 sq. ft. of outdoor sales/ Standard Parking Stalls.
display area.
Business Services 1 space per 300 square feet.
Commercial Recreation
Large-Scale (Greater Than Gyms and fitness studios: 1
20,000 Sq. Ft.) space per 300.square feet.
Other specific uses: to be
determined,by director, who
may require a parking demand
analysis.
Small-Scale (20,000 Sq. Ft. or Gyms and fitness studios: 1
space per 300 square feet.
16
Ordinance No. 1662
Required air s.Stieet F 1
•
Use Classification Parking Spaies . . Additional?Regulations•
Less) Other specific uses: to be
determined by director, who
may require a parking demand
analysis.
Day Spa/Spa 1 space per 300 square feet.
Eating and Drinking
Establishments
Bars 1 space per 100 square feet.
Restaurants, Fast Food 1 space per 100 square feet..
Restaurants, Full Service 1 space per 100 square feet.
Restaurants, Limited Service 1 space per 100 square feet.
Restaurants, Take Out Only 1 space per 300 square feet.
With Drive-Through Facilities 1 space.per 100 square feet.
With Outdoor Eating Areas 1 space per 100 square feet,
including outdoor dining areas.
Food and Beverage Sales
Catering Services 1 space per 1000 square feet,
plus parking for any vehicles
used in the business.
Convenience Market 1 space per 300 square feet.
General Market 1 space per 300 square feet.
Liquor Stores 1 space per 300 square feet.
Funeral Parlors and To be determined by the
Mortuaries director, who may require a
parking demand analysis.
Home Improvement Sales and 1 space per 400 sq. ft, of floor Subsection 11.4.20'1015.F:
Services area or outdoor sales display. Substitution of Compact for
Standard Parking Stalls
Hotels and Motels 1 space per unit; plus 2
spaces adjacent to registration
office; 1 space per 20 person
capacity of any conference or
banquet rooms.
Laboratories 1 space per 400 square feet.
Live/Work Unit 1 space per unit for each unit
smaller than 1000 square feet;
1.5 spaces per unit for each
unit containing 1000 square
feet or greater floor area or 2
17
Ordinance No. 1662
Required Off-Street ":; r ,.
e i
Use Classification 'Parking Spaces: , - Additional.Regulations-
or more bedrooms.
Maintenance and Repair 1 space per 500 square feet
Services
Massage Establishment 1 space per 300 square feet.
Offices, Business and 1 space per 400 square feet.
Professional
Walk-in Clientele 1 space per 300 square feet.
Offices, Medical and Dental 1 space per 200 square feet.
Parking.Facilities, Commercial 1 space per attendant station
(in addition to parking spaces
for customers).
Personal Improvement 1 space per 300 square feet.
Services
Massage, Accessory 1 space per 300 square feet.
Personal Services 1 space per 300 square feet.
Massage, Accessory 1 space per 300 square feet.
Beauty/Barber Shops 2 spaces for each operator
station.
Retail Sales 1 space per 300 square feet.
Shopping Centers greater than 5:spaces per 1,000 square Subsection 11.4.20:015.F:
75,000 square feet of GFA feet of GFA Substitution of Compact for
Standard Parking Stalls
Tattoo Parlors 1 space per 300 square feet.
Theaters 1 space per 4 seats
Light Manufacturing'Use t.
Types:>..
Contractors' Yards .1 space per 1000 square feet
of building area (if building
exists)
Handicraft/Custom 1 space per 750 square feet
Manufacturing
Industry, General 1 space per 1000 square feet
of building area
Industry, Limited 1 space per 1000 square feet
of building area
Warehousing and Storage 1 space per 1000 square feet
of building area
Indoor Commercial Storage 1 space per 1000-square feet
of building area
18
Ordinance No. 1662
. . ..., Required Off Streef'.`. , _ . . . • ti
Use Ciassific
�� ation • Parking Spaces; , •AilditronaC Regulations � '. �
Outdoor Storage 1 space per 1000 square feet
of building area
Personal Storage 1 space per 20 storage units.
Transportation, ,
•
Commhunication;,and4Utility { .
UseTypes_,
Communication Facilities
Antennae and Transmission No spaces required unless
Towers maintenance occurs on a daily
or more frequent basis, in
which case 1 space per facility
required.
Facilities Within Buildings None
Recycling Facilities
Reverse Vending Machine When accessory to another
use, no additional spaces
required. Otherwise, subject to
determination by director.
Recycling Collection Point A minimum of 6 spaces for
customers, plus 1 space for
each commercial vehicle
operated by the recycling
facility.
Recycling Processing Facility 1 space per 1000 square feet
Utilities, Major To be determined by the
director, who may require a
parking demand analysis.
Utilities, Minor No spaces required unless
maintenance occurs on a daily
or more.frequent basis, in
which case 1 space per facility
required.
Agricultural Use Types
Crop and Animal Raising None for the crop or animal
raising operation area. 1
space per 300 square feet of
any accessory retail outlet.
Nurseries 1 space per 350 square feet of
indoor or outdoor sales/display
area.
19
Ordinance No. 1662
SECTION 5. The following regulations are hereby amended in Section
11.6.05.010 of the Seal Beach Municipal Code:
Second--Accessory Dwelling Unit: an attached or a detached residential dwelling unit
which provides complete independent living facilities for one or more persons. It shall
include permanent provisions for living, sleeping, eating, cooking (including alkitchen as
defined herein), and sanitation on the same parcel as the single-family dwelling is
situated. °. condAn accessory dwelling unit also includes efficiency units, as defined
in Section 17958.1 of Health and Safety Code, and manufactured homes', as those
terms are defined in Section 18007 of the Health and Safety Code. A Qecon d dwelli ng
unit is not an. "accessory structure or building." See Section 11 .4.05.115: Residential
Uses - Sesend--Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific
Uses.
Detached Accessory Dwelling Unit: a new or existing structure that is located on the
property such that the unit does not share any walls with the primary residence and the
distance between nearest point of any portion of the unit and the primary residence is
six feet or more.
Attached Accessory Dwelling. Unit: a new or existing second unit that occupies part
of the floor area of the primary residence or, is attached to the primary residence by one
or more common walls.
Kitchen:any space used, intended or designed to be used for cooking and preparing
feed a 'room or portion thereof containing permanent facilities designed and used for
food preparation, cooking, eating and dish washing. A kitchen shall include all of the
following: a sink with hot and cold running water; a range or stove-top and anloven; at a
minimum, an apartment-sized refrigerator; and built-in dish and utensil storage spaces.
In addition to the aforementioned improvements, a kitchen may also include !any of the
following: microwave, convection oven, hot plate or automatic dish washer. I
SECTION 6. CEQA Findings. The City Council hereby determines that this
Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Title 14, Chapter 3, Section 15282(h) of the California Code of Regulations.
SECTION 6. Effective Date. This Ordinance is adopted as an urgency
ordinance for the immediate preservation of the public peace, health and safety within
the meaning of Section 412 of the Seal Beach Charter, and therefore shall be passed
immediately upon its introduction and shall become effective immediately upon its
adoption by a minimum 4/5 vote of the City Council.
SECTION 7. Term. This Urgency Ordinance is adopted as an urgency, interim
ordinance and shall take effect immediately. This Urgency Ordinance shall expire and
terminate 45 days after the date of adoption, unless extended by the City Council at a
regularly noticed public hearing.
20
Ordinance No. 1662
SECTION 8. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Urgency Ordinance or any part thereof; is for any
reason held to be invalid, such invalidity shall not affect the validity of the; remaining
portions of this Urgency Ordinance or any part hereof. The City Council of ithe City of
Seal Beach hereby declares that it would have passed each section, subsection,
• subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences,!clauses or
phrases be declared invalid.
SECTION 9. Savings Clause. Neither the adoption of this Urgency Ordinance
nor the repeal or amendment by this Urgency Ordinance of any ordinance or part or
portion of any ordinance previously in effect in the City or within the territory comprising
the City, shall in any manner affect the prosecution for the violation of any ordinance,
which violation was committed prior to the effective date of this Urgency Ordinance, nor
be construed as a waiver of any license, fee or penalty or the penal 'provisions
applicable to any violation of such ordinances.
SECTION 10. Certification. The City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 12th day of December, 2016.
•
Mayor
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney
21
Ordinance No. 1662
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Urgency Ordinance was passed, approved and adopted by the City Council at
a regular meeting held on the 12th day of December, 2016 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Urgency Ordinance Number has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
22