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AGENDA STAFF REPORTI
ti4 IFORN p
DATE: January 9, 2017
TO: Honorable Mayor and Members of the City Council
FROM: Jim Basham, Community Development Director
SUBJECT: APPROVAL AND ISSUANCE OF A REPORT ON STEPS
TAKEN BY THE CITY SINCE THE ADOPTION OF INTERIM
URGENCY ORDINANCE NO. 1662 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:
That the City Council adopt and issue the Report, attached hereto as Exhibit A, effective
January 16, 2017, pursuant to Government Code section 65858(d), with regard to
measures taken to evaluate the conditions which led the City to adopt Urgency
Ordinance No. 1662, amending regulations applicable to accessory dwelling units in
residential zones in the City to comply with new state legislation, for a 45 -day period
pending further review of the impacts of the new legislation on the City.
BACKGROUND:
On December 12, 2016, the City Council adopted Urgency O dinance No. 1662, a 45-
day interim ordinance amending the Municipal Code to establish temporary zoning
regulations applicable to accessory dwelling units in residential zones, to comply with
new legislation including Assembly Bill 2299 (AB 2299) and Senate Bill (SB 1069). A
copy of Urgency Ordinance No. 1662 is enclosed with this staff report as Attachment B.
As previously outlined in the December 12, 2016 staff report, this new state legislation
was written with the intent to increase the housing supply in California by facilitating the
creation of new second dwelling units, by further limiting the ability of local jurisdictions
to regulate second dwelling units (now described as "accessory dwelling units" or
"ADUs "). Under AB 2299 and SB 1069, cities were required to adopt an ordinance that
complies with the new restrictions by January 1, 2017, or would be required to approve
all accessory dwelling units that meet certain very minimal state' criteria.
ANALYSIS:
Urgency Ordinance No. 1662 includes interim regulations (intended to update the
existing zoning provisions to ensure consistency with the limitations that have been
Agenda Item K
imposed on cities by the new legislation. Absent any additional action, Urgency
Ordinance No. 1662 will expire after 45 days, or on January 26, 2017. A duly noticed
public hearing will be held on January 23, 2017 before the CitylCouncil for consideration
of an extension of the urgency ordinance for an additional 10 months and 15 days
(through and including December 11, 2017).
Government Code Section 65858(d) states "Ten days prior Ito the expiration of that
interim ordinance or any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which filed to the adoption of the
ordinance." This "ten -day" report must be issued on January 116, 2017. Issuance of the
"ten -day' report does not act to extend the moratorium. It does, however, allow the City
Council to consider an extension to the moratorium at its January 23, 2017 meeting.
The attached report describes the measures taken to evaluate the conditions which led
to the adoption of the interim ordinance.
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 ten -day report is categorically exempt from the requirements of CEQA on
several grounds. Approval of this report is categorically exempt from CEQA under
Section 15308 of the State CEQA Guidelines, because this report is part of a regulatory
action taken by the City in accordance with California Government Code Section 65858
to assure maintenance and protection of the environment pending further review of the
potential impacts of AB 2299 and SB 1069 on accessory dwelling units in the City.
In addition, this ten -day report is not a "project' within the meaning of Section 15378 of
the State CEQA Guidelines, because it has no potential to result in a direct physical
change in the environment, and it has no potential to result in any reasonably
foreseeable indirect physical change in the environment. This report does not impose
any limitations on development in the City but is being issued in connection with a
pending moratorium that has temporarily adopted regulations consistent with the
requirements of the new state legislation.
Finally, this report is exempt from CEQA review pursuant to Section 15061(b)(3) of the
State CEQA Guidelines. This report is covered by the general rule that CEQA applies
only to projects that have the potential to cause a significant effect on the environment.
Because this report merely provides an update on the actions taken by staff under the
moratorium to evaluate the impacts of the new legislation on 'the City's land uses and
zoning, it can be seen with certainty that there is no possibility that this ten -day report
will have a significant effect on the environment, and therefore! this report is not subject
to CEQA.
Page 2
LEGAL ANALYSIS:
The City Attorney has reviewed the attached ten -day report and has approved as to
form.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
RECOMMENDATION:
That the City Council adopt and issue the Report, attached hereto as Exhibit A, effective
January 16, 2017, pursuant to Government Code section 65858(d), with regard to
Lftency Ordinance 1662, amending regulations for accessory dwelling units in
esi ential zones in the City to comply with new state legislation.
D
im Basham
irector of Community Development,
Interim Director of Public Works
NOTED AND APPROVED:
*
NMI-
. P,,lll. �(
Attachments:
A. Ten -Day Report regarding Urgency Ordinance No. 1662
B. Urgency Ordinance No. 1662
Page 3
Attachment "A99
REPORT ON THE MEASURES TAKEN TO ALLEVIATE THE
CONDITIONS WHICH LED THE CITY OF SEAL BEACH TO ENACT
URGENCY ORDINANCE NO. 1662 WHICH AMENDED REGULATIONS
FOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN
THE CITY FOR A 45 -DAY PERIOD TO COMPLY WITH NEW STATE
LEGISLATION (ZONE TEXT AMENDMENT NO. 16 -2) j
ISSUED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH
JANUARY 16, 2017 PURSUANT TO GOVERNMENT CODE SECTION
65858(d)
Background
On December 12, 2016, the City Council adopted Urgency Ordinance No. 1662, a 45-
day interim ordinance amending the Municipal Code to establish temporary zoning
provisions regulating accessory dwelling units in residential zones in the City to comply
with new legislation adopted by the State of California, Assembly Bill 2299 (AB 2299)
and Senate Bill 1069 (SB 1069). These bills amended Government Code Section
65852.2 to further restrict the ability of cities to regulate second units (now referred to as
.,accessory dwelling units ", or "ADUs "), effective January 1, 2017. Cities must adopt an
ordinance that complies with the new restrictions by January 1, 2017, or be required to
approve all accessory dwelling units that meet very minimal state criteria set forth in the
new legislation.
Absent any additional action, Urgency Ordinance No. 1662 will expire after 45 days, or
on January 26, 2017. However, staff anticipates additional time will be necessary to
complete its research and evaluation of the impacts of AB 2299 and SB 1069 on the
City's zoning and land uses. Consequently, a duly noticed public hearing will be held on
January 23, 2017, before the City Council for consideration of an extension of the
interim ordinance for an additional ten (10) months and fifteen' (15) days (through and
including December 11, 2017). i
DaV Interim Ordinance and Its Extension:
During the initial 45 days of the interim ordinance, Staff has begun a review of the new
legislation, its impact on the City's zoning provisions and the experience of other cities
with ADUs.
Since enactment of the interim ordinance, the California Department of Housing and
Community Development ( "HCD ") issued a technical assistance memorandum and
conducted a webinar regarding implementation of the new legislation. HCD does not
have approval authority over ADU ordinances, but all local agencies are required to
submit any new or amended ordinances to HCD, and HCDl provides the only state
guidelines currently available to cities to assist in the development and evaluation of
ADU ordinances. The HCD memo provides some into i mation concerning the
ATTACHMENT A
requirements of AB 2299 and SIB 1069.
The current interim ordinance allows a maximum attached ADU size of the lesser of
50% of the main residential structure or 1,200 square feet and a maximum detached
ADU of 1,200 square feet. The HCD technical assistance memo indicates that local
governments may establish maximum unit sizes, and may choose a maximum unit size
less than 1,200 square feet as long as the size requirement is not burdensome on the
creation of ADUs. The memo indicates that typical maximum unit sizes range from 800
to 1,200 square feet. HCD also states that local governments may establish minimum
unit sizes, so long as they at least allow for an efficiency unit (as defined in Health &
Safety Code Section 17958.1). The HCD memo also notes that ADUs can be avoided
or allowed through an ancillary and separate discretionary process in areas with health
and safety risks such as high fire hazard areas, but emphasizes that standards and
allowable areas must not be designed or applied in a manner that burdens the
development of ADUs and should maximize the potential for, ADU development, and
that designating areas where ADUs are allowed should be approached primarily on
health and safety issues including water, sewer, traffic flow Iand public safety. Any
development standards should be evaluated in light of Government Code Section
65852.150, which establishes ADUs as an essential component of the state's housing
supply.
Government Code Section 65852.2, as amended, states that local governments cannot
require off - street parking if certain conditions are met, including if an ADU is within half
a mile of public transit. According to HCD, public transit includes a bus stop, train
station, and paratransit, if appropriate for the applicant. Where off - street parking may
be required, it must be permitted as covered or uncovered tandem parking on an
existing driveway unless specific findings are made.
HCD also acknowledges that local agencies may require that an applicant be an owner
occupant, and recommends recordation of a deed restriction. l
i
Staff requires additional time to review State - issued guidance and study the potential
land use, public services, public safety, parking, traffic andl infrastructure effects of
allowing ADUs to be built on lots in the various areas of the City. The Planning
Commission and City Council also require a reasonable period of time to evaluate and
establish permanent regulations for ADUs, and sufficient time is also necessary to allow
the residents an opportunity to participate in the public hearing process for development
of the updated regulations. Under state law, the City may Itwice extend an interim
ordinance while contemplated zoning and permitting proposals are being considered
upon a finding that there is a current and immediate threat to the public health, safety,
or welfare. Pursuant to Government Code Section 65858(a), this first extension of the
interim ordinance must be adopted by not less than a four - fifths vote of this City Council
and will be in effect for an additional ten months and fifteen days from its adoption. The
City Council may consider one additional one -year extension to the interim ordinance,
pursuant to all legal requirements, if necessary. At the January 23, 2017 City Council
meeting, Staff will request that the City Council extend the term of Urgency Ordinance
ATTACHMENT A
No. 1662 for an additional ten months and fifteen days to allow staff additional time to
prepare a permanent ordinance for Council consideration. It. is hoped that before the
expiration of the extension, additional guidance will be available so that a permanent
ordinance may be adopted before the expiration of the extension.
I
i
A copy of this ten -day report required by Government Code Section 65858 is available
for public inspection in the office of the City Clerk, Seal Beach City Hall, 211 8th Street,
Seal Beach, California 90740. 1
ATTACHMENT A
3
,������ E���
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 121 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)I 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 To
accessory dwelling units because this zoning district cc
insufficient setbacks between neighboring lots, and is chara
adequate on- street and off - street parking for existing
Government Code Section 65852.2, as amended, eliminate
street parking requirements for accessory dwelling units and i
negatively impact the ability of property owners in Old Tow
street parking for the primary residence on -site, and wouli
public safety impacts, in particularly those related to fire, tr
accessory dwelling units in Old Town would preclude the City
adequate fire protection services to residents of the subje
property owners, resulting from severely restricted access to 1
detached accessory dwelling units from the public street. In
street parking requirements for certain accessory dwelling u
district already characterized by a severe shortage of or
n, cannot accommodate
stains substandard lots,
terized by a lack of both
primary dwelling units.
in some instances, off -
msequently would further
to provide sufficient off -
also result in increased
fic and access. Allowing
-om being able to provide
site, as well as nearby
e primary residence or to
idition, elimination of off -
ts will increase a zoning
,treet public parking for
Ordinance No. 1662
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 lots. 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 of 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.
Q Based on the foregoing, the City Council finds Iand 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 iAccessory 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 if accessory
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. I
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 I 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 I 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.
Table 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
I
2
Ordinance No. 1662
RHD-
RHD -
Supplemental
TRLD
-9
RLD -15
RMD -18
RHD -33
.
20
46
Regulations
Density /Intensity of Use - Lot
Dimensions i
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'
i
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
1
10,00
10,000
10,000
10,000
10,000
10,0 00
0
Minimum Lot Size
Interior Lots
50 x 100
30 x 80
50 x 100
25 x
50 x 00
50 x
(W)
100
100
Corner Lots
55 x 100
35 x 80
50 x 100
25 x
55 x 100
55 x
(W)
100
100
Minimum Floor
Area (sq. ft.)
Primary Dwelling
1,200
1,200 (E)
950
950
950
950
L -1
Unit
Efficiency Accessory
150
150
150
150
150
150
L -1
Dwelling Unit
1- Bedroom
Accessory Dwelling
400
400
400
400
400
400
L -1
Unit
Ordinance No. 1662
0
RHD-
RHD-
Supplemental
RLD -9
RLD -15'
RMD -18
RHD -33
,
20
46
Regulations
2 +- Bedroom
Accessory Dwelling
600
600
600
—
—
—
L -1
Unit
Maximum Floor Area for
Accessory Dwelling Units
Detached
1,200 sq.
1,200 sq.
1,200 sq.
Accessory Dwelling
ft
ft
ft
Unit
Attached
50% of
50% of
50% of
Accessory Dwelling
existing
Unit
existing
existing
living
living area
living area
area of
of primary
of primary
unit, to
unit, up to
primary
—
—
—
(L -4)
unit, up to
maximum
maximum
maximum
of 1,200
of 1,200
of 1,200
sq. ft.
sq. ft.
sq. ft.
Maximum Lot
(B)
67
50
75(B)
60
80
(B) (W)
Coverage ( %)
Substandard Lot
Standards
Yes
Yes
Yes
Yes
Yes
Yes
(C)
Building Form
and Location
Minimum Yards
Front - Minimum
Average
Averag
12;
a 12;
(D) (E) (W), L-
(D)
(E)
18
18
minimum
minimu
3
6
m6
Interior Side –
10% of
10%
Minimum
lot
of lot
10% of lot
10% of lot
width;
width;
width; 3
3 ft
width; 3
3 ft.
ft'
ft.
(A) (D)
(E)
minimu
minim
(A) (D) (E) (W)
minimum;
m; 10
minimum;
um;
10 ft.
10 ft.
ft
10 ft.
maximum
maxim
maximum
maxi
um
mum
0
Ordinance No. 1662
5
RHD-
RHD-
Supplemental
RLD -9
RLD -15
RMD -18
RHD -33
20
46
Regulations
Corner Side –
15% of
i
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.
k
10 ft.
(E) (W)
maximum
maximum
maxim
maximum
maxi
um
mum
Rear
5 ft.; but
when
24 ft.
abutting
24 ft.
an alley
minus
10
(E)
24 ft.
width
dth of
width
(E) (W)
of the
minus
alley.
the alley.
width of
j
the alley.
Main Building
Envelope
Flood Zone Heights
Yes
Yes
Yes
Yes
Yes
Yes
(F)
Maximum Height
25 (A) (G)
(ft.)
(not to
25 (E)
(G)
25
35
35
(A) (G) (E) (W)
exceed 2
stories)
Maximum Height of
Downslope Skirt
6
6
6
6
6
6
(H)
Walls (ft.)
Projections
Yes
Yes (E)
Yes
Yes
Yes
i
Yes
(1) (E) (W)
Minimum Distance
Between Buildings
6
6
6
6
i
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
Prohibited
Porches
Yes
—
—
Yes
—
(K)
Vehicle r
Accommodation
5
Ordinance No. 1662
RLD -9
RLD -15
RMD -18
RHD-
RHD -33
RHD-
Supplemental
20
- 46
1 Regulations
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
Driveway (ft.)
18
(M)
Limitations on
Parking and
Yes
Yes
Yes
Yes
Yes
Yes
(N)
Garage Frontage
Landscaping and
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 ( %)
I
11.4.30.015
Planting Required
Yes
Yes
Yes
Yes
Yes
Yes
(Q)
on Downslope Lots
Pedestrian
—
—
Yes
Yes
Yes
Yes
(R)
Walkways
Other
Development
Standards
Accessory
I
See Section
Structures
Yes
Yes
Yes
Yes
Yes
Yes
11.4.05.100;
(W)
2 -Story
Cabanas /Manufact
—
—
—
—
Yes
—
(S)
ured Homes
Roof Decks
Yes
—
Yes
Yes
Yes
Yes
(T)
Solar Access
See Section
Yes
Yes
Yes
Yes
Yes
Yes
11.4.10.045
Ordinance No. 1662
L -1: 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 andlor 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 m 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 area 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 11.4.05.115
of the Seal Beach Municipal Code:
11.4.05.115 Residential Uses — Accessory Dwelling Units.
The following regulations are intended to comply with Government Code Sections
65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 or any successor
statutes, on accessory dwelling units and implement the general plan, by allowing
accessory units in specified residential districts subject to the following requirements:
A. Accessory Dwelling Units Subject to Administrative Review
I
r�
RHD-
Supplemental
RLD -9
RLD -15.
RMD -18
RHD -33
20
FRHD-
Regulations
Walls and Fences
See Chapter
Yes
Yes
Yes
Yes
Yes
11.4.15
General Site
See Chapter 11.4.10: General Site
Standards
Standards
i
Landscaping and
See Chapter 11.4.30: Landscaping and Buffer
Buffer Yards
Yards
Signs
See Chapter 11.4.25: Sign Regulations
Nonconforming
Structures
See Chapter 11.4.40: Nonconforming Useis, Structures, and Lots
Coastal
Development
See Chapter 11.4.35: Coastal Development Permit
Permit
Reasonable
See Chapter 11.5.30: Reasonable Accommodations
Accommodations
L -1: 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 andlor 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 m 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 area 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 11.4.05.115
of the Seal Beach Municipal Code:
11.4.05.115 Residential Uses — Accessory Dwelling Units.
The following regulations are intended to comply with Government Code Sections
65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 or any successor
statutes, on accessory dwelling units and implement the general plan, by allowing
accessory units in specified residential districts subject to the following requirements:
A. Accessory Dwelling Units Subject to Administrative Review
I
r�
Ordinance No. 1662
1. Application. An application for an accessory dwelling unit that meets the
standards contained in Subsections (B) through (P) of this Section 11.4.05.115
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 for the application.
i
2. Decision. The Director shall consider the application without discretionary review,
public notice or hearing in accordance with Chapter 1 1.5.25, Chapter 11.5.25
Director Determinations. The Director shall approve the application if he 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. Locations Allowed. Accessory dwelling units 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 an accessory
dwelling unit, subject to compliance with all requirements of this section and the
requirements of the underlying zoning district. Only one 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 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. An 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 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.
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
8
Ordinance No. 1662
Type of Second Unit
Area (Square Feet
Maximum Floor Area
Detached
1,200
Attached
50% of existing living area of primary
residential unit, maximum increase of floor
area of 1,200 **
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 an accessory dwelling unit shall not be issued unless the proposed
accessory dwelling unit complies with the same height, setback, lot size, lot
coverage, and other applicable zoning requirements as apply to the primary
dwelling unit
G. Entrance Location and Visibility. An 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 accessory dwelling
unit shall be located so that it is not visible from the public (right -of -way.
H. Emergency Access. An accessory dwelling unit may be permitted only on a lot
with access to a public street that meets the fire j 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, a minimum of
1 covered parking space shall be required for each accessory dwelling unit. A non -
efficiency accessory dwelling unit must provide one 'parking 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 accessory dwelling unit shall be allowed unless the primary dwelling is
also in compliance with all applicable parking requirements of this Code. 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.
7
Ordinance No. 1662
(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 permitted within 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 accessory
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 or 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 accessory dwelling unit
as his or her primary principal residence.
K. Deed Restriction. The accessory dwelling unit shall not be sold, transferred, or
assigned separately from the primary dwelling unit. Before obtaining a building
permit for the 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 accessory dwelling unit may be rented, but shall not be sold separately
from the primary dwelling unit.
10
Ordinance No. 1662
2. The accessory dwelling unit shall be considered legal only so long as either the
primary dwelling unit or the accessory dwelling unit is occupied by the owner of
record of the property.
3. If the accessory dwelling unit is used for rentals, the rental term must be for
longer than 30 consecutive days.
4. 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
dwelling unit provided it meets fire and building code requirements. An accessory
dwelling unit constructed above a garage shall have a Iminimum setback of five
feet.
N. Design Criteria.
1. Architectural style and building form of Accessory Dwelling Units shall 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.
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 dwelling
units shall not be required to provide fire sprinklers if they are not required for the
primary residence.
2. Accessory dwelling units proposed to be developed in 'areas of geologic hazard
must not be endangered by, nor contribute to, hazardous conditions on 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.
11
Ordinance No. 1662
Q. Coastal Zone. Notwithstanding any other provision of this Code, accessory
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
12
Required Off-Street
Use Classification
Parking Spaces
Additional Regulations .
Residential Use Types
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 spaces must be
bedrooms in the dwelling unit.
located in a garage. See also
Section 11.2.05.015.N.4:
Required Garage Exception -
RL' D -9 District. See also
Section 11.2.05.015.N.5:
Required Garage Exception -
Surfside. See also Section
11.2.05.015.N.6: Required
Garage Exception— RHD -20
District. See also Section
1114.40.010.6: Maintenance,
Nonstructural Repairs and
Interior Alterations. Note:
Additions to existing single -
unit dwellings may have a
reduced parking requirement
approved by minor use permit
subject to Chapter 11.5.20:
Development Permits.
Accessory Dwelling Unit
1 space for an efficiency
Section 11.4.05.115.1:
accessory dwelling unit and 1
Residential Uses - Accessory
space per bedroom for non-
Dwelling Units. Required
efficiency accessory dwelling
spaces may be provided in
units.
tandem configuration on
12
Ordinance No. 1662
13
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations:
existing driveway subject to
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
or one - 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
1112.05.015.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
1112.05.015.N: Limitations on
Parking and Garage Frontage
Public, Semi - Public, and
Service Use Types
Cemetery
To be determined by Director,
I
who may require a parking
demand analysis.
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,
13
Ordinance No. 1662
14
Required Off - Street
'Use Classification
Parking Spaces
Additional Regulations
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
minimum of 3 spaces
Section 11.4.05.045.C: Child
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
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:
14
Ordinance No. 1662
15
Required Off - Street
:Use Classification
Parking Spaces
Additional Regulations
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.
'Commercial Use Types
Adult Business 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.
Automobile/Vehicle 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
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 (in 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.
15
Ordinance No. 1662
UP
Required Off - Street ;
Use Classification
Parking Spaces
Additional Regulations
i
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
addition to 1 space required
Section 11.3.05.015: General
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
Less)
space per 300 square feet.
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.
UP
Ordinance No. 1662
17
Required Off- Street
Use Classification
Parking Spaces
Additional Regulations
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 11.4.20.015.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
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
17
Ordinance No. 1662
Required Off- Street
Use Classification
Parking Spaces
Additional Regulations
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.
i
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
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
Outdoor Storage
1 space per 1000 square feet
of building area
Personal Storage
1 space per 20 storage units.
Transportation,
Communication, and Utility
Use Types
Communication Facilities
Antennae and Transmission
No spaces required unless
Towers
maintenance occurs on a daily
or more frequent basis, in
Ordinance No. 1662
SECTION 5. The following regulations are hereby amended in Section
11.6.05.010 of the Seal Beach Municipal Code:
I
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 a kitchen as defined
herein), and sanitation on the same parcel as the single - family dwelling is situated. An
accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of
Health and Safety Code, and manufactured homes, as defined in Section 18007 of the
Health and Safety Code. See Section 11.4.05.115: Residential Uses - Accessory
Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.
19
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations
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.
SECTION 5. The following regulations are hereby amended in Section
11.6.05.010 of the Seal Beach Municipal Code:
I
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 a kitchen as defined
herein), and sanitation on the same parcel as the single - family dwelling is situated. An
accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of
Health and Safety Code, and manufactured homes, as defined in Section 18007 of the
Health and Safety Code. See Section 11.4.05.115: Residential Uses - Accessory
Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.
19
Ordinance No. 1662
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 thei primary residence by one
or more common walls.
Kitchen: 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 an oven; 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.
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.
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 the 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 ofIany 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
:1
Ordinance No. 1662
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.
Sandra Massa - Lavitt, Mayor
ATTEST: APPROVED AS
Robin L. Roberts, City Clerk Craig A. Steele,
STATE OF CALIFORNIA } i
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 12`" 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 1662 has been published
pursuant to the Seal Beach City Charter and Resolution Number 266.
o O
Robin L. Roberts, City Clerk
21