HomeMy WebLinkAboutCC Ord 1662 2017-12-11URGENCY ORDINANCE NO. 1662
AN URGENCY ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING A 12 -MONTH EXTENSION TO DECEMBER 11,
2018 OF EXISTING INTERIM URGENCY ORDINANCE NO.
1662 AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL
CODE REGARDING ACCESSORY DWELLING UNITS AND
RELATED DEVELOPMENT STANDARDS AND DECLARING
THE URGENCY AND IMMEDIATE EFFECTIVENESS THEREOF
PURSUANT TO SEAL BEACH CITY CHARTER SECTION 412
(ZONE TEXT AMENDMENT 16 -2)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Interim Ordinance. On December 12, 2016, following a duly -
noticed public hearing, the City Council of the City of Seal Beach ( "City') adopted
Urgency Ordinance No. 1662, a 45 -day interim ordinance amending the Seal Beach
Municipal Code to establish temporary zoning regulations applicable to accessory
dwelling units in residential zones, to comply with new 2016 legislation including
Assembly Bill 2299 (AB 2299) and Senate Bill (SB 1069). On January 23, 2017, the
City Council held a duly noticed public hearing and thereafter adopted an extension of
Ordinance No. 1662 for a 10 -month 15 -day period, which extension is scheduled to
expire on December 11, 2017.
SECTION 2. New Legislation. Senate Bill 229 (SB 229) and Assembly Bill 494
(AB 494), enacted in October 2017 and effective January 1, 2018, contain additional
restrictions on cities' ability to regulate accessory dwelling units in residential zones.
SECTION 3. Public Hearing. On December 11, 2017, the City Council held a
duly noticed public hearing regarding the proposed extension of Ordinance No. 1662
and the temporary zoning regulations contained therein applicable to accessory
dwelling units in residential zones, and after taking all written and oral testimony, closed
the public hearing.
SECTION 4. Urgency Findings. The City Council makes the following findings
in connection with the adoption of this Ordinance extending the term of Ordinance No.
1662 and the interim zoning regulations contained therein:
(a) Effective January 1, 2017, Assembly Bill 2299 ( "AB 2299 ") and Senate Bill
1069 ( "SB 1069 ") amended Government Code Section 65852.2 to further limit the
standards cities may impose on second units (now termed "accessory dwelling units ").
Effective January 1, 2018, Assembly Bill ( "AB 494 ") and Senate Bill 229 ( "SB 229 ")
amend Government Code Section 65852.2 to clarify certain provisions of the 2016
statutory amendments and to provide additional provisions relating to cities' authority to
regulate 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) The adoption of Ordinance No. 1662 and interim zoning regulations
contained therein were necessitated by AB 2299 and SB 1069, which provided that in
the absence of a State - compliant Accessory Dwelling Unit ordinance on January 1,
2017, the City's existing second unit standards would 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. In addition, in the
absence of an Accessory Dwelling Unit Ordinance on January 1, 2018 that is fully
compliant with the new provisions of AB 494 and SB 229, the City's existing second unit
standards may also be considered null and void pursuant to those new bills, as set forth
in Government Code Section 65852.2(a)(4), as amended, and the City would be
required to approve any accessory dwelling unit meeting minimal state criteria until the
City adopts a State - compliant ordinance.
(e) Lots in the RHD -20 District located in Old Town, cannot accommodate
accessory dwelling units because this zoning district contains substandard lots, and
insufficient setbacks between neighboring lots, and is also characterized by a lack of
both adequate on- street and off - street parking for existing primary dwelling units.
Government Code Section 65852.2, as amended by the 2016 and 2017 legislation,
eliminates in some instances, off - street parking requirements for existing and proposed
accessory dwelling units and consequently would further negatively impact the ability of
property owners in Old Town to provide sufficient off - street parking for the primary
residence on -site. The 2016 and 2017 legislation would also result in increased public
safety impacts, in particularly those related to fire, traffic and access. Allowing
accessory dwelling units in Old Town on substandard lots would preclude the City from
being able to provide adequate fire protection services to residents of the subject sites,
as well as nearby property owners, due to severely restricted access to the primary
residence or to detached accessory dwelling units from the public street or from
adjacent lots. In addition, elimination of off - street parking requirements for certain
accessory dwelling units will have an adverse impact on the circulation system and
parking of a zoning district already characterized by a severe shortage of on- street
public parking for residents within that zoning district, particularly those who require their
own vehicles for transportation to jobs and for medical treatment. Section 65852.2, as
amended, provides that off street 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.
Some lots in other zoning districts are also 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.
(f) The immediate preservation of the public health, safety and welfare
requires that the temporary zoning regulations previously enacted pursuant to
Ordinance No. 1662, remain in place pending development of permanent regulations,
so that during this interim period 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, an extension of this
Ordinance is necessary for the immediate preservation of the public peace, health,
safety and welfare and its urgency is hereby declared.
(g) During the previous term of Ordinance No. 1662, City staff has been
' reviewing of the new legislation, its impact on the City's zoning provisions and the
experience of other cities with accessory dwelling units. The City's actions include an
evaluation of a technical assistance memorandum issued by the California Department
of Housing and Community Development ( "HCD ") and HUD webinar regarding
implementation of the new legislation, which provides the only state guidelines currently
available to cities to assist in the development and evaluation of accessory dwelling unit
ordinances pursuant to AB 2299 and SB 1069. The HUD memorandum addresses
matters including requirements with respect to minimum and maximum sizes of
accessory dwelling units, off - street parking, and other potential development standards
in light of the statutory purposes establishing accessory dwelling units as an essential
component of the state's housing supply. Based on the recent enactment of AB 494
and SB 229, the City is also evaluating the impact of additional provisions contained in
those bills on the City's authority to regulate accessory dwelling units in all residential
districts and any necessary permanent zoning amendments. The City's research,
review and analysis is not yet complete, and the City Council finds that additional time is
necessary for the City to analyze the HUD memorandum and any other State - issued
guidance and study the potential land use, public services, public safety, parking, traffic
and infrastructure effects of allowing accessory dwelling units to be built on lots in the
various areas of the City. The Planning Commission and City Council require a
reasonable period of time to evaluate and establish the most appropriate permanent
regulations for accessory dwelling units, 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. Unless the City extends the interim urgency ordinance, the
City would be required to either approve accessory dwelling units in locations and under
standards that may have severe negative impacts on the surrounding community or
adopt permanent standards without the benefit of an inquiry and study on the
appropriate locations and standards for accessory dwelling units in the City and in
particular areas. In light of the need to allow staff to complete its evaluation of options
and to provide the City Council with a long -term solution to issues, the City Council finds
that while contemplated zoning and permitting proposals are still being considered,
there is a current and immediate threat to public health, safety or welfare, and that a
such, an additional extension of the interim ordinance is necessary.
SECTION 5. CEOA Findings. The City Council hereby determines that this
Urgency Ordinance is exempt from the California Environmental Quality Act ( "CEQA ")
pursuant to Public Resources Code Section 21080.17 and Title 14, Chapter 3, Section
15282(h) of the California Code of Regulations.
SECTION 6. Urgency Ordinance No. 1662 Extended to December 11, 2018.
Ordinance No. 1662 and the temporary zoning regulations enacted thereby will expire
and terminate on December 11, 2017 unless further extended on or before that date.
Therefore, Urgency Ordinance No. 1662 is hereby extended pursuant to Government
Code Section 65858 for 12 months, through and including December 11, 2018. During
the extended term of the interim ordinance, all accessory dwelling units shall comply
with any and all zoning regulations set forth in Ordinance No. 1662.
SECTION 7. Effective Date; Term. 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 City 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. This Ordinance shall expire on
December 11, 2018.
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 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. I
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 11th day of December, 2017.
7rri�ZI✓,2'L� �(
Mayor, Sandra Massa- Lavitt
ATTEST:
City Clerk, Robin
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
APPROVED AS TO FORM
, Craig Steele
I, Robin L. 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 11th day of December, 2017 by the following
vote:
AYES: Council Members: Massa - Lavitt, Deaton, Sustarsic, Moore, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
and do hereby further certify that Urgency Ordinance Number 1662 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk, Robin L. Roberts