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HomeMy WebLinkAboutPC Agenda Packet_11052018CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday,November 5,2018 —7:00 PM City Council Chambers 211 Eighth Street Seal Beach,CA 90740 District 1 —Victor Grgas District 2 —Robert Aguilar District 3 —Michael Thomas,Chair District 4 —Patty Campbell District 5 —Mariann Klinger -Vice-Chair Department of Community Development Crystal Landavazo,Interim Director Steven Fowler,Assistant Planner Amy Greyson,Assistant City Attorney •City Hall office hours are 8:00 a.m.to 5:00 p.m.Monday through Friday.Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act.If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562)431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov).Check the SBTV3 schedule for rebroadcast of meeting —meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD.Telephone:(562)596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at:http://sealbeachca.suiteonemedia.com/web/home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL:The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS:Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period.The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission.No action can be taken by the Planning Commission on these communications on this date,unless agendized. CONSENT CALENDAR:Consent Calendar items are considered routine items that normally do not require separate consideration.The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR'S REPORT:Updates and reports from the Director of Community Development (Planning and Building Divisions)are presented for information to the Planning Commission and the public. COMMISSION CONCERNS:Items of concern are presented by the Planning Commissioners and discussed with staff. SCHEDULED MATTERS:These items are considered by the Planning Commission separately and require separate motions.These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS:Public Hearings allow citizens the opportunity to speak in favor of or against agendized items.More detailed information is found in the actual agenda attached.If you have documents to distribute,you should have enough copies for all Planning Commissioners,City staff,and the public.Please give one to the secretary for the City files.The documents become part of the public record and will not be returned. All proceedings are recorded. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda,re-arrange the order of the agenda,and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission.Pursuant to the Brown Act,the Commission cannot discuss or take action on any items not on the agenda unless authorized by law.Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record.All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR 1.Approval of September 17,2018 Minutes CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS 1.MINOR USE PERMIT 18-9 350 12th Street Applicant:DLC Enterprises Request:Request for a Minor Use Permit to allow the replacement of a staircase to an existing multi-family residence,on a property that is nonconforming due to density and parking in the Residential High Density (RHD-20)zoning area. Recommendation: After conducting the Public Meeting,staff recommends that the Planning Commission adopt Resolution No.18-19,APPROVING Minor Use Permit 18-9 with Conditions. 2.MINOR USE PERMIT 18-10 114 Ocean Avenue Applicant:Eric Mossman Request:Request for a Minor Use Permit to allow the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence,on a property located in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Meeting,staff recommends that the Planning Commission adopt Resolution No.18-20,APPROVING Minor Use Permit 18-10 with Conditions. PUBLIC HEARINGS 3.ZONE TEXT AMENDMENT 18-2 All Residential Zones Applicant:City of Seal Beach Request:REVIEW PROPOSED ZONE TEXT AMENDMENT (ZTA 18-2) REGARDING REGULATIONS FOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN THE CITY TO COMPLY WITH NEW STATE LEGISLATION Recommendation:That the Planning Commission hold a public hearing regarding Zone Text Amendment 18-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 18-2 to the City Council. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday,November 19,2018 at 7:00 p.m. PLANNING COMMISSION STAFF REPORT DATE:November 5, 2018 TO:Planning Commission THRU:Robin Roberts, City Clerk FROM:Crystal Landavazo, Interim Community Development Director SUBJECT:Approval of September 17, 2018 Minutes RECOMMENDATION:Approve the minutes for the Planning Commission meeting held on September 17, 2018 Prepared by: Approved by: Robin L. Roberts Crystal Landavazo Robin Roberts Crystal Landavazo City Clerk Interim Director of Community Development Attachment: 1. Minutes City of Seal Beach – Planning Commission September 17, 2018 Chair Thomas called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Campbell led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Campbell, Klinger, Grgas, Thomas, Aguilar Absent: None Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Robin L. Roberts, City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Aguilar, to approve Agenda. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: None. Chair Thomas closed oral communications. CONSENT CALENDAR 1. Approval of Planning Commission meeting minutes from July 16, 2018 Motion by Campbell, second by Aguilar, to approve items on Consent Calendar. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried SCHEDULED MATTERS There were no scheduled matters. CONTINUED ITEMS There were no continued items. NEW BUSINESS 2.Minor Use Permit (MUP) 18-4 1524 Marine Avenue Applicant:Mark Bennett Request:Request for a Minor Use Permit to allow the conversion of a window on the first floor to a sliding door and replace balcony railings at an apartment building that is nonconforming due to parking, density and setbacks located in the Residential High Density (RDH-20) zoned area. Recommendation:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-15, APPROVING Minor Use Permit 18-4 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: Mark Bennett spoke regarding his application. Chair Thomas closed public comment. Aguilar moved, second by Campbell, to adopt Resolution No.18-15, APPROVING Minor Use Permit 18-4 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. 3. Minor Use Permit (MUP) 18-6 1011 Ocean Avenue Applicant:David Arnold & Kenneth Greenberg Request:Request for a Minor Use Permit to allow an alteration of exterior doors and conversion of two windows on the first floor to doors and replace balcony railings at an apartment building that is nonconforming due to density and setbacks located in the Residential High Density (RHD-20) zoned area. Recommendation:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-16, APPROVING Minor Use Permit 18-4 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: David Arnold, one of the applicants introduced himself. Chair Thomas closed public comment. Thomas moved, second by Klinger, to adopt Resolution No.18-16, APPROVING Minor Use Permit 18-4 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. 4. Minor Use Permit (MUP) 18-7 632 Sandpiper Applicant:Rebecca Croff Request:Request for a Minor Use Permit to allow an alteration of less than 25% of interior walls to remodel the bathrooms and kitchen at a residence that is nonconforming due to setbacks located in the Residential Low Density (RLD-9) zoned area. Recommendation:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-17, APPROVING Minor Use Permit 18-7 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: None. Chair Thomas closed public comment. Campbell moved, second by Aguilar, to adopt Resolution No.18-17, APPROVING Minor Use Permit 18-7 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. PUBLIC HEARINGS 5. Conditional Use Permit 18-7 640 Taper Drive Applicant:Jesus Rivas Request:Request for a Conditional Use Permit to allow an interior remodel and the addition to the 2nd story of an existing residence on a property that is nonconforming due to setbacks in the Residential Low Density (RDL-9) zoning area. Recommendation:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-18, APPROVING Conditional Use Permit 18-7 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Commission Grgas inquired about the second story balcony. Chair Thomas opened the public hearing. Speakers: Jesus Rivas indicated he was available for questions if needed. Chair Thomas closed public comment. Thomas moved, second by Klinger, to adopt Resolution No.18-18, APPROVING Minor Use Permit 18-7 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten-day appeal period starts tomorrow. DIRECTOR’S REPORT Interim Director Landavazo had no comments. COMMISSION CONCERNS Commissioner Aguilar indicated his constituents have had concerns regarding the time it takes to process permits. Interim Community Development Director Landavazo explained the process and the staffing levels. ADJOURNMENT Chair Thomas adjourned the Planning Commission meeting at 7:25 p.m. to Monday, October 1, 2018 at 7:00 p.m. ___________________________ Robin L. Roberts, City Clerk Approved: _______________________ Michael Thomas, Chair Attest: _______________________ Robin L. Roberts, City Clerk PLANNING COMMISSION STAFF REPORT DATE:October 5, 2018 TO:Planning Commission THRU:Crystal Landavazo, Interim Community Development Director FROM:Steve Fowler, Assistant Planner SUBJECT:MINOR USE PERMIT 18-9. Request for a Minor Use Permit to allow the replacement of a staircase to an existing multi-family residence, on a property that is nonconforming due to density and parking in the Residential High Density (RHD-20) zoning area. LOCATION:350 12th Street APPLICANT:DLC Enterprises RECOMMENDATION:After conducting the Public Meeting, staff recommends that the Planning Commission adopt Resolution No. 18-19, APPROVING Minor Use Permit 18-9 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:043-135-16 LOT AREA:2,937.5 sq. ft. GROSS FLOOR AREA:1,748 sq. ft. SURROUNDING PROPERTIES: NORTH:Residential High Density (RHD-20) SOUTH:Residential High Density (RHD-20) EAST:Residential High Density (RHD-20) WEST:Public and Semi-Public Facilities (PS) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a staircase to an existing multi- family residence, where only minor modifications are required for the renovation. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on October 18, 2018 and mailed to property owners and occupants within a 300' radius of the subject property on October 25, 2018 with affidavits of the publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS DLC Enterprises, (“the applicant”) filed an application for Minor Use Permit 18-9 requesting approval to allow the replacement of a staircase to an existing multi-family residence that is nonconforming due to parking and density. The subject site is located on the east side of 12th street between Landing Avenue and Pacific Coast Highway. The subject site is located in the RHD-20 zone and is surrounded by residential uses on the north, south and east sides with a park to the west. The subject property is nonconforming due to density and parking. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties zoned RHD-20 are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is a 2,937.5 sq. ft. parcel with four existing dwelling units. Only one unit would be allowed by the current zoning regulations that pertain to density. According to Table 11.4.20.015 of the Seal Beach Municipal Code, residential uses in the RHD- 20 zone are required to provide 2 off-street parking spaces per dwelling unit. The subject site contains four dwelling units and by current standards is required to have 8 enclosed parking spaces. However, the site only contains a two car garage which makes the site deficient by 6 spaces. The applicant is proposing to remove an existing exterior staircase that provides access to the front two units and replace it with a new one. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration of exterior stairs through the approval of a Minor Use Permit. No interior remodel is proposed so no additional bedrooms or bathrooms will be added. The alterations proposed on the subject site are consistent with the provisions of this code. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopts attached Resolution No. 18-19 to allow the removal and replacement of an exterior staircase at an existing multi-family residence that is nonconforming at 350 12th Street. Prepared by: _____________________________ _______________________________ Steve Fowler Crystal Landavazo Community Development Department Interim Community Development Director Attachments: 1. Resolution No. 18-19 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 18-9, to allow the removal and replacement of an exterior staircase at an existing multi-family residence that is nonconforming due to parking and density at 350 12th Street located in the Residential High Density (RHD-20) zoning area. 2. Project architectural plans. Page 1 of 3 RESOLUTION NO. 18-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18-9 TO ALLOW THE REPLACEMENT OF A STAIRCASE TO AN EXISTING MULTI-FAMILY RESIDENCE, ON A PROPERTY THAT IS NONCONFORMING DUE TO DENSITY AND PARKING IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 350 12TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. DLC Enterprises (“the applicant”), submitted an application to the Community Development Department for Minor Use Permit 18-9. The proposed project includes the replacement of a staircase to an existing Multi-family residence that is nonconforming due to density and parking located in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a staircase to an existing multi-family residence, where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on November 5, 2018 to consider Minor Use Permit 18-9. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 18-9 for a proposed project at 350 12th Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,937 square feet per assessor’s records. The property is approximately 25 feet wide by 117.5 feet deep. The site is surrounded by residential uses on the north, south and east with the park on the west side. C. The subject property is currently developed with a 4 unit apartment building and a detached 2-car garage. Based on the existing front yard setback condition and the density, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration the exterior doors, stair cases and balconies, provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for each bedroom. Resolution 18-19 350 12th street Page 2 of 3 Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The proposed alteration of the staircase will be compatible with the architectural style of the existing building and will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as alteration of staircases and balconies with approval of a Minor Use Permit C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a 4 unit apartment building with a detached two-car garage. The alteration of the exterior staircase of the existing apartments will maintain development standards applicable to the RHD-20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-20 zone, which consists of properties developed as single family and multi-family residences. The improvement will not add habitable space, will not change existing operating characteristics of the 4 unit apartment building, and will remain similar to surrounding uses throughout RHD-20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 18-9 for the replacement of an exterior staircase of the existing 4 unit apartment building which is nonconforming is subject to the following conditions: 1. Minor Use Permit 18-9 is approved for the replacement of an exterior staircase of the existing 4 unit apartment building located at 350 12th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18-9. All new construction shall comply with all applicable state and local codes. Resolution 18-19 350 12th street Page 3 of 3 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. This Minor Use Permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 5. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively “the City” hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 5, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: __________________________ Crystal Landavazo Planning Commission Secretary PLANNING COMMISSION STAFF REPORT DATE:November 5, 2018 TO:Planning Commission THRU:Crystal Landavazo, Interim Community Development Director FROM:Steve Fowler, Assistant Planner SUBJECT:MINOR USE PERMIT 18-10. Request for a Minor Use Permit to allow the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence, on a property located in the Residential Low Density (RLD-9) zoning area. LOCATION:114 Ocean Avenue APPLICANT:Eric Mossman RECOMMENDATION:After conducting the Public Meeting, staff recommends that the Planning Commission adopt Resolution No. 18-20, APPROVING Minor Use Permit 18-10 with Conditions. GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY ZONE:RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER:199-111-07 LOT AREA:8,567 sq. ft. GROSS FLOOR AREA:6,436 sq. ft. SURROUNDING PROPERTIES: NORTH:Residential High Density (RHD-20) SOUTH:Beach (BEA) EAST:Residential Low Density (RLD-9) WEST:Residential Low Density (RLD-9)) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a retaining wall to allow the construction of a single-family residence, where only minor modifications are made. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on October 18, 2018 and mailed to property owners and occupants within a 300' radius of the subject property on October 25, 2018 with affidavits of the publishing and mailing on file. VICINITY MAP: AERIAL MAP: ANALYSIS Eric Mossman, (“the applicant”) on behalf of Jan and Derrick Hodson (“the owners”) filed an application for Minor Use Permit 18-10 requesting approval to allow the construction of a retaining wall with a garden wall on top that will extend along 60 feet of the interior side property line to allow construction of a single-family residence. The subject site is located on the south side of Ocean Avenue between 1st and 2nd Street. The subject site is located in the RLD-9 zone and is surrounded by residential uses on the north, west and east sides with the beach to the south. The Seal Beach Municipal Code (SBMC § 11.4.15.015) allows properties in the Gold Coast area, zoned RLD-9 to construct a retaining wall greater than 30 inches subject to approval of a Minor Use Permit. This code regulation also sets a maximum overall height of 10 feet for a retaining wall with a garden wall placed on top of the retaining portion. Because the nature of a retaining wall is different from a standard garden wall or fence, the Seal Beach Municipal Code (SBMC 11.1.15.025.D) requires that a retaining wall with a fence or garden wall above be measured from the midpoint of the retaining wall to the top of the fence or garden wall placed above. The applicant is requesting to construct a 10 feet tall retaining wall with a five feet tall garden wall on top. According to SBMC § 11.1.15.025.D the height of the combined wall and retaining wall, is 10 feet. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopts attached Resolution No. 18-20 to allow the construction of a 10 foot tall retaining wall and garden wall 60 feet long to allow construction of a single-family residence that is located at 114 Ocean Avenue. Prepared by: _____________________________ _______________________________ Steve Fowler Crystal Landavazo Community Development Department Interim Community Development Director Attachments: 1. Resolution No. 18-20 – A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 18-10, to allow the construction of a combination 10 foot tall retaining wall and garden wall 60 feet long to allow construction of a single-family residence, at 114 Ocean Avenue located in the Residential High Density (RLD-9) zoning area. 2. Project architectural plans. Page 1 of 3 RESOLUTION NO. 18-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18- 10 TO ALLOW THE CONSTRUCTION OF A 10 FOOT TALL COMBINATION RETAINING WALL AND GARDEN WALL, 60 FEET LONG TO ALLOW CONSTRUCTION OF A SINGLE- FAMILY RESIDENCE, ON A PROPERTY LOCATED IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA AT 114 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Eric Mossman, (“the applicant”) on behalf of Jan and Derrick Hodson (“the owners”) submitted an application to the Community Development Department for Minor Use Permit 18-10. The proposed project includes the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence located in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a retaining wall to allow the construction of a single-family residence, where only minor modifications are made. Section 3. A duly noticed public meeting was held before the Planning Commission on November 5, 2018 to consider Minor Use Permit 18-10. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 18-10 for a proposed project at 114 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 8,567 square feet per assessor’s records. The property is approximately 43.94 feet wide by 194.97 feet deep. The site is surrounded by residential uses on the north, west and east with the beach on the south side. C. The subject property is currently vacant with a proposed single-family residence and a attached 2-car garage. The proposed improvements will not expand or create any nonconformity as the proposed residence with attached garage meets all zoning requirements. D. The Seal Beach Municipal Code (SBMC § 11.4.15.015) allows the construction of retaining walls greater than 30 inches subject to approval of a Minor Use Permit. The applicant is requesting to construct a 10 feet tall retaining wall with a five feet tall garden wall on top. The retaining wall with the garden wall on top is required to be a maximum of 10 feet tall. According Seal Beach Municipal Code (SBMC § 11.1.15.025.D) to measure height of a combined wall and retaining wall measure from the midpoint of the retaining wall to the top of the garden wall. This combined height is 10 feet. Resolution 18-20 114 Ocean Avenue Page 2 of 3 Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Gold Coast area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The proposed construction of the retaining wall will be compatible with the architectural style of the surrounding area and will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Gold Coast RLD-9 zone, an area where the Seal Beach Municipal Code (Section 11.4.15.015) allows retaining walls over 30 inches tall with approval of a Minor Use Permit C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently vacant. The construction of the retaining wall and with a garden wall on top will maintain development standards applicable to the RLD-9 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RLD-9 zone, which consists of properties developed as single family residences. The improvement will assist with the construction of a single-family residence, will not change existing operating characteristics of the single-family residence, and will remain similar to surrounding uses throughout RLD-9. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 18-10 for the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence is subject to the following conditions: 1. Minor Use Permit 18-10 is approved for the construction of a 10 foot tall retaining wall 60 feet long to allow construction of a single-family residence located at 114 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18-10. All new construction shall comply with all applicable state and local codes. 3. The retaining wall shall be a maximum of 10 feet tall with no more than a 5 foot tall garden wall along the 60 linear feet of combination wall. Resolution 18-20 114 Ocean Avenue Page 3 of 3 4. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 5. This Minor Use Permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 6. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively “the City” hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 5, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: __________________________ Crystal Landavazo Planning Commission Secretary PLANNING COMMISSION STAFF REPORT DATE:November 5, 2018 TO:Planning Commission THRU:Crystal Landavazo, Interim Community Development Director FROM:Crystal Landavazo SUBJECT:ZONE TEXT AMENDMENT 18-2 REGULATIONS FOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES IN THE CITY TO COMPLY WITH NEW STATE LEGISLATION LOCATION:Citywide – All Residential Zones APPLICANT:City of Seal Beach RECOMMENDATION:That the Planning Commission hold a public hearing regarding Zone Text Amendment 18-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 18-2 to the City Council GENERAL PLAN All Residential Zones DESIGNATION: ZONE:All Residential Zones ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (“CEQA”), the Planning Department has determined that the proposed ordinance amending the City’s accessory dwelling unit zoning 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 from environmental review. LEGAL NOTIFICATION Legal notice of the Public Hearing was published in the Sun Newspaper on October 18, 2018. An affidavit of publication is on file. ANALYSIS In December 2016 and December 2017, the City Council adopted an Urgency Ordinance and Extension of Urgency Ordinance, respectively, amending regulations for accessory dwelling units (or “ADUs”) in residential zones in the City to comply with 2016 state legislation, Assembly Bill 2299 (“AB 2299”) and Senate Bill 1069 (“SB 1069”) and directed staff to further review that new legislation and present an ordinance for final action. The purpose of AB 2299 and SB 1069 was to increase the housing supply by facilitating the creation of new accessory dwelling units. As amended by those bills, Government Code Section 65852.2 imposed certain state- mandated development standards for certain types of accessory dwelling units, and specified the permissible types of development standards that may be imposed by cities. However, late in 2017, the State Legislature again amended Government Code Section 65852.2, pursuant to Assembly Bill 494 (“AB 494”) and Senate Bill 229 (“SB 229”), to further restrict the ability of cities to regulate ADUs in order to increase the housing supply. Like the prior legislation, AB 494 and SB 229 again incorporate State-mandated standards for certain types of ADUs. The amendments place additional restrictions on cities’ ability to require parking for accessory dwelling units and expand the application of certain restrictions by modifying the definition of “existing” dwellings to also include “proposed” dwellings, including ADUs proposed on lots with an existing single-family residence as well as lots on which the applicant proposes an ADU and a single-family home simultaneously. As amended by AB 494 and SB 229, Government Code Section 65852.2 requires that the City’s zoning provisions regarding accessory dwelling units incorporate these additional State-mandated standards. The Urgency Ordinance regulations comply with the requirements of Government Code Section 65852.2, as previously amended by AB 2299 and SB 1069, but additional modifications to the City’s Zoning Code are now required in order for the City to comply with the new standards adopted by AB 494 and SB 229. The items listed below identify the permissible areas of local regulation and describe the limitations that have been imposed on cities by Government Code Section 65852.2, as further amended by AB 494 and SB 229. Ministerial Approval As under existing law, applications for accessory dwelling units must 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 Municipal Code (as adopted by the Urgency Ordinance) 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 and Surfside Colony. The Old Town and Surfside Colony area are very congested areas 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 and Surfside Colony 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 lots within these areas would not be able to support an influx of new accessory dwelling units due to fire, access, parking, and traffic. Consequently, ADUs will continue to be prohibited in the Old Town and Surfside Colony areas. The draft Ordinance contains express findings justifying the prohibition in Old Town and Surfside Colony based on these 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 ADU meet all applicable development standards including setbacks, parking and height limitations, except as otherwise restricted by Government Code Section 65852.2, as amended. 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. Accessory dwelling units also shall not be required to provide fire sprinklers if they are not required for the primary residence. As required by Government Code Section 65852.2, as amended, the proposed Ordinance provides that no setback is required for an existing garage that is converted to an accessory dwelling unit or to a portion of an ADU, and a setback of no more than five feet from the side and rear lot lines is required for an ADU that is constructed above a garage. 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. Government Code Section 65852.2, as amended, now requires that parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. The new legislation also restricts the City’s ability to require that these parking spaces be located within a garage, and provides that the parking spaces may be provided as tandem parking on a driveway. In addition, the ordinance must allow off-street parking to 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 upon specific site or regional topographical or fire and life safety conditions. Consistent with Government Code Section 65852.2, as amended, the proposed Ordinance also provides that if a garage, carport or covered parking structure is demolished in connection with the construction of an ADU, or converted to an ADU, the replacement off-site parking spaces may be located in any configuration on the same lot as the ADU, including uncovered, covered or tandem spaces, or by the use of mechanical automobile parking lifts. The current code also requires that no accessory dwelling unit shall be permitted which causes the parking spaces for the primary dwelling unit to fall below the minimum required number of parking spaces for the primary unit, and that provision will remain unchanged. Additionally, Government Code Section 65852.2 prohibits a city ordinance from requiring additional parking for an accessory dwelling unit under any of the following circumstances: The ADU is located within one-half mile of public transit; The ADU is located within an architecturally and historically significant district; The ADU is part of the proposed or existing primary residence or an accessory structure; When there is car share vehicle within one block of the ADU; or when 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. The operational standards include the following: No separate sales -- The ADU cannot be sold or transferred separately from the primary residence, and a covenant must be recorded containing this restriction before a building permit may be issued. This is part of the existing code and will remain. Rental – The ADU may be rented. This is part of the existing code and will remain. Cities may also prohibit short-term rentals (less than 30 days), and the proposed Ordinance contains a prohibition on rentals of less than 30 days. Zone – The lot must be zoned for single-family or multi-family use and must contain an existing single-family dwelling. This is part of the existing code and will remain. Lot Requirement – The accessory dwelling unit must be 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 are required by the new state legislation. CONCLUSION Staff recommends that the Planning Commission hold a public hearing and after considering all evidence and testimony presented adopt the attached resolution recommending approval of Zone Text Amendment 18-2 to the City Council. Prepared by: _Crystal Landavazo ______________ Crystal Landavazo Interim Community Development Director Attachments: 1. Resolution No. 18-21 with Draft Ordinance RESOLUTION NO. 18-21 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 18-2 REGARDING ACCESSORY DWELLING UNITS AND RELATED DEVELOPMENT STANDARDS (ZONE TEXT AMENDMENT 18-2), AND REPEALING URGENCY ORDINANCE NO. 1662 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On February 20, 2018 the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 18-1, which would amend Title 11 Section 11.2.05.015.A of the Seal Beach Municipal Code regarding development standards for Surfside Colony in the RLD-9 zoning classification as set forth in the draft ordinance included as Attachment “A”. Section 2. This ordinance (Zone Text Amendment 18-1) is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,“CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the amendment establishes rules and procedures to add text to further clarify the setbacks permitted in the Surfside Colony RLD-9 (Residential Low Density-9) zoned district; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. The amendment therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance with the requirements of CEQA. Section 3. The Planning Commission recommends that the City Council adopt Zone Text Amendment 18-2. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 5, 2018 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _________________________________ Michael Thomas ATTEST:Chairperson _________________________________ Crystal Landavazo Planning Commission Secretary 2 ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 18-2 Proposed changes have been identified as shown in the Key at the top right corner of the first page of the Ordinance Ordinance No. ____ 3 ORDINANCE NO. XXX AN 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 18-XXX), AND REPEALING URGENCY ORDINANCE NO. 1662 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. (a) The City of Seal Beach (the “City”) is a charter city duly organized under the constitution and the laws of the State of California. (b) Zoning and development standards for accessory dwelling units are governed by Government Code Section 65852.2, which imposes certain restrictions on the ability of cities, including charter cities, to regulate accessory dwelling units. (c) Effective January 1, 2017, Assembly Bill 2299 (“AB 2299”) and Senate Bill 1069 (“SB 1069”) amended Government Code Section 65852.2 to further restrict the standards cities may impose on second units (now called “accessory dwelling units”). Pursuant to adoption of Urgency Ordinance No. 1662, effective December 12, 2016 and extended to be effective through and including December 12, 2018, the City amended the Zoning Code to brings its ordinances into compliance with Government Code Section 65852.2, as amended by AB 2299 and SB 1069. (d) Effective January 1, 2018, Assembly Bill 494 (“AB 494”) and Senate Bill 229 (“SB 229”) amended Government Code Section 65852.2 to place additional restrictions on cities’ ability to require parking for accessory dwelling units and expands the application of certain restrictions by modifying the definition of “existing” dwellings to also include “proposed” dwellings, including accessory dwelling units proposed on lots with an existing single-family residence as well as lots on which the applicant proposes an accessory dwelling unit and a single-family home simultaneously. (e) As amended by AB 494 and SB 229, Government Code Section 65852.2 requires that the City’s zoning provisions regarding accessory dwelling units incorporate these additional State-mandated standards. (f) The City Council hereby finds that lots in the RHD-20 District located in Old Town and the Surfside Colony area of the RLD-9 District cannot accommodate accessory dwelling units because this zoning district contains substandard lots, insufficient setbacks between neighboring lots, and is 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, eliminates in some instances, off- street parking requirements for accessory dwelling units and consequently would further negatively impact the ability of property owners in Old Town and Surfside Colony 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 Old Town and Surfside Colony 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-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 Key: New language New deletion Prior new language from Urgency Ordinance 4 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 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. 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. Ordinance No. ____ 5 Table 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD-9 RLD-15 RMD-18 RHD- 20 RHD-33 RHD- 46 Supplemental Regulations Density/Intensity of Use - Lot Dimensions Maximum Density 1 unit per 5,000 sq. ft. of lot area, plus a “Second Unit” 1 unit per 3,000 sq. ft. of lot area, plus a “Second Unit” 1 unit per 2,500 sq. ft. of lot area 1 unit per 2,178 sq. ft. of lot area 1 unit per 1,350 sq. ft. of lot area 1 unit per 960 sq. ft. of lot area See Section 11.4.05.115 for Second Dwelling Unit standards. See Subsection A for Surfside Standards Maximum Density with State Affordable Housing Bonus (du/ac) See Chapter 11.4.55: Affordable 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 10,000 10,000 10,000 10,000 10,00 0 Minimum Lot Size (ft.) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 (W) Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 (W) Minimum Floor Area (sq. ft.) Primary Dwelling Unit 1,200 1,200 (E)950 950 950 950 L-1 Efficiency Second Accessory Dwelling Unit 150 150 150 150 150 150 L-1 1-Bedroom Accessory Dwelling Unit 400 400 400 400 400 400 L-1 2+-Bedroom Second Accessory Dwelling Unit 600 600 600 ———L-1 Maximum Floor Area for Second Accessory Dwelling Units Detached Second Accessory Dwelling Unit 800 1,200 sq. ft 800 1,200 sq. ft 800 1,200 sq. ft ——— 6 RLD-9 RLD-15 RMD-18 RHD- 20 RHD-33 RHD- 46 Supplemental Regulations Attached Second Accessory Dwelling Unit 3050% of existing living area of primary unit, to maximu m of 1,200 sq. ft. 3050% of existing living area of primary unit, to maximu m of 1,200 sq. ft.. 3050% of existing living area of primary unit, to maximu m of 1,200 sq. ft. ———(L-4) Maximum Lot Coverage (%)(B)67 50 75 (B)60 80 (B) (W) Substandard Lot Standards Yes Yes Yes Yes Yes Yes (C) Building Form and Location Minimum Yards (ft.) Front - Minimum (D)(E) Average 12; minimum 6 Averag e 12; minimu m 6 18 18 (D) (E) (W); L- 3 Interior Side – Minimum (A) (D)(E) 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimu m; 10 ft. maxim um 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minim um; 10 ft. maxi mum (A) (D) (E) (W) Corner Side – Minimum 15% of lot width; 10 ft. maximu m (E) 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maxim um 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maxi mum (E) (W) Rear 10 (E) 5 ft.; but when abutting an alley 24 ft. minus width of the alley. 24 ft. minus width of the alley. 24 ft. minus width of the alley. (E) (W) Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes (F) Maximum Height (ft.) 25 (A) (G) (not to exceed 2 25 (E)(G)25 35 35 (A) (G) (E) (W) Ordinance No. ____ 7 RLD-9 RLD-15 RMD-18 RHD- 20 RHD-33 RHD- 46 Supplemental Regulations stories) Maximum Height of Downslope Skirt Walls (ft.) 6 6 6 6 6 6 (H) Projections Yes Yes (E)Yes Yes Yes Yes (I) (E) (W) Minimum Distance Between Buildings on the Same Lot (ft.) 6 6 6 6 6 10-20 (J) Minimum Court Dimensions (ft.)————15 15 Building Design Exterior Stairways Prohibited Yes Yes Yes Yes No No L-2 Porches Yes ——Yes ——(K) Vehicle Accommodation Off-Street Parking and Loading See Chapter 11.4.20: Off-Street Parking and Loading Maximum Number of Curb Cuts for Driveway 1 (L)1 1 1 1 1 (L) Maximum Width of Driveway (ft.)18 —————(M) Limitations on Parking and Garage Frontage Yes Yes Yes Yes Yes Yes (N) Landscaping and Open Space Minimum Permeable Surface/Maximum Paving in Street- Facing Yards (%) 60/50 60/50 60/50 60/50 60/50 60/50 (O) Minimum Site Area Devoted to Landscaping (%) 25 15 (E)15 Yes 15 15 (E), (P); See also Section 11.4.30.015 Planting Required on Downslope Lots Yes Yes Yes Yes Yes Yes (Q) Pedestrian Walkways ——Yes Yes Yes Yes (R) Other Development Standards Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100; (W) 2-Story Cabanas/Manufactu red Homes ————Yes —(S) Roof Decks Yes —Yes Yes Yes Yes (T) 8 RLD-9 RLD-15 RMD-18 RHD- 20 RHD-33 RHD- 46 Supplemental Regulations 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 11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards Landscaping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Signs See Chapter 11.4.25: Sign Regulations Nonconforming Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Reasonable Accommodations See Chapter 11.5.30: Reasonable Accommodations L-1: Second Accessory Dwelling Units are not allowed in the RHD-20 District located in Old Town or the Surfside Colony area of the RLD-9 zone 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 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—Second Accessory Dwelling Units. The following regulations are intended to comply with Government Code Sections 65582.1, 65583.1, 65589.4, 65852.150, and 65852.2, and 66412.2 or any successor statutes, on second 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. 1.Application. An application for an secondaccessory dwelling unit that meets the standards contained in Subsections (B) through (P) of this sSection 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. 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 he or she determines the application meets all requirements and standards in Ordinance No. ____ 9 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 Uunits 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 secondan 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 second 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.A secondAn 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 Type of Second Unit Area (Square Feet) Maximum Floor Area Detached 8001,200 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 second an accessory dwelling unit shall not be issued unless the proposed accessory dwelling unit comply 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. A secondAn 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 second accessory dwelling unit shall be located so that it is not visible from the public right-of-way. 10 H.Emergency Access. A secondAn 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, 1 space per accessory dwelling unit or per bedroom, whichever is less, 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 parking space for each bedroom. The required offstreet parking space for the accessory dwelling unit may be provided in a setback area or through as tandem parking on a an existing driveway, subject to compliance with all other requirements of this Section. No second accessory dwelling unit shall be allowed unless the existing or proposed primary dwelling is also in compliance with all applicable parking requirements of this zoning 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 proposed or 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. Parking for the accessory dwelling unit may 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 upon specific site or regional topographical or fire and life safety conditions. 3.Replacement on Demolition or Conversion. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to 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. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, and in accordance with the requirements of this Code as set forth in Section Table 11.4.20.015.A.1. 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. The requirement for replacement parking shall not apply to a unit described in Subsection I.1(a) through (e) of this Section. 4.Notwithstanding any of the foregoing, where an existing garage or other accessory structure is converted into an accessory dwelling unit, any Ordinance No. ____ 11 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. 5.4. 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, and shall not obstruct any fire road, fire lane or other emergency access. 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. K.Deed Restriction. The second accessory dwelling unit shall not be sold, transferred, or assigned separately from the primary dwelling unit. Before obtaining a building permit for the second 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 second accessory dwelling unit may be rented, but shall not be sold separately from the primary dwelling unit. 2. The second accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit or the second 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. 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 or portion of a garage (or other 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 minimum 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. 12 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. 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 Use Classification Required Off-Street 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 unit of 6 bedrooms or more plus 1 additional space for each bedroom above 6 total bedrooms in the dwelling unit. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All required spaces must be located in a garage. See also Section 11.2.05.015.N.4: Required Garage Exception— RLD-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 11.4.40.010.B: 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. Second Accessory Dwelling Unit 1 space for an efficiency second per accessory dwelling unit or per bedroom, whichever is less and 1 space per bedroom for non-efficiency second accessory dwelling units. Section 11.4.05.115.I: Residential Uses - Second Accessory Dwelling Units. Required spaces may be provided in tandem configuration on existing a driveway or in setback areas, subject to Ordinance No. ____ 13 Use Classification Required Off-Street Parking Spaces Additional Regulations topographical or public safety requirements per Section 11.4.05.115.I.2. For replacement spaces. see Section 11.4.05.115.I.3. Two-Unit Dwelling; Multiple- Unit Residential 2 spaces per dwelling unit for each unit. 1 guest space for every 7 units. 1 space per dwelling unit, inclusive of guest parking, for each studio or one-bedroom unit in a development meeting the minimum requirements of Chapter 11.4.55: Affordable Housing Bonus. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All spaces except guest spaces must be located in a garage or carport. 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 minimum of 3 provided. Section 11.4.05.045.B: Large 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 Public, Semi-Public, and Service Use Types Cemetery To be determined by Director, 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, 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 provided. Section 11.4.05.045.C: Child Day Care Center Golf Course Minimum of 5 spaces per hole. 14 Use Classification Required Off-Street Parking Spaces Additional Regulations 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 Service Facilities To be determined by director, 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: 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. Automobile/Vehicle Sales and Leasing 1 per 300 square feet of office area in addition to storage/display spaces for all vehicles for sale or lease. Ordinance No. ____ 15 Use Classification Required Off-Street Parking Spaces Additional Regulations Automobile/Vehicle Service and Repair, Major 1 space per service bay (not including areas for auto service or auto storage), plus parking for any towing vehicles used in the operation. Automobile Service Station/Vehicle Service and Repair, Minor 1 space per 300 square feet of any convenience store plus 1 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. Large Vehicle Sales, Services and Rental 1 space per 300 square feet of office area in addition to storage/ display spaces for all vehicles for rent. Banks and Other Financial Institutions 1 space per 250 square feet. With Drive-Through Facilities 1 space per 250 square feet of floor area. No additional spaces required for drive- through facility. Automated Teller Machines (ATMs) 2 spaces per ATM. Bed and Breakfasts 1 space per guest room, in addition to 1 space required for resident owner. Section 11.3.05.015: General Provisions Building Materials and Services 1 space per 500 square feet of building area plus 1 space per 600 sq. ft. of outdoor sales/ display area. Section 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls. Business Services 1 space per 300 square feet. Commercial Recreation Large-Scale (Greater Than 20,000 Sq. Ft.) Gyms and fitness studios: 1 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 Less) Gyms and fitness studios: 1 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. 16 Use Classification Required Off-Street 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 Mortuaries To be determined by the director, who may require a parking demand analysis. Home Improvement Sales and Services 1 space per 400 sq. ft. of floor area or outdoor sales display. Subsection 11.4.20.015.F: 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 Services 1 space per 500 square feet Massage Establishment 1 space per 300 square feet. Offices, Business and Professional 1 space per 400 square feet. 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 Services 1 space per 300 square feet. 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 75,000 square feet of GFA 5 spaces per 1,000 square feet of GFA Subsection 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Tattoo Parlors 1 space per 300 square feet. Theaters 1 space per 4 seats Ordinance No. ____ 17 Use Classification Required Off-Street Parking Spaces Additional Regulations Light Manufacturing Use Types Contractors’ Yards 1 space per 1000 square feet of building area (if building exists) Handicraft/Custom Manufacturing 1 space per 750 square feet 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 Towers No spaces required unless 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. 18 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 a kitchen as defined herein), and sanitation on the same parcel as the single-family dwelling is situated. A second An 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 second dwelling unit is an “accessory structure or building.” See Section 11.4.05.115: Residential Uses - Second 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:and space used, intended or designed to be used for cooking and preparing food 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. Tandem: in connection with off-street parking, “tandem parking” or “tandem configuration” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. SECTION 6. Repeal of Urgency Ordinance No. 1662. Urgency Ordinance No. 1662, originally adopted December 12, 2017 and previously extended through and including December 12, 2018, is hereby repealed. SECTION 7. CEQA 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 8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this 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 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 Ordinance nor the repeal or amendment by this 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 Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances. Ordinance No. ____ 19 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. SECTION 11. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the _____ day of ____________, 2018. __________________________ Mike Varipapa, Mayor ATTEST: APPROVED AS TO FORM ___________________________ ___________________________ Robin L. Roberts, City Clerk Craig A. Steele, City Attorney 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 ordinance was introduced for the first reading at a regular meeting held on the ____ day of __________, 2018, and was passed, approved and adopted by the City Council at a regular meeting held on the ____ day of __________, 2018 by the following vote: AYES: Council Members ____________________________________________ NOES: Council Members ____________________________________________ ABSENT: Council Members ____________________________________________ ABSTAIN: Council Members ____________________________________________ and do hereby further certify that Ordinance Number XXXX has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ___________________________ Robin L. Roberts, City Clerk