HomeMy WebLinkAboutSupplemental Item O - Robert Goldberg Robin Roberts
From: Robert Goldberg <rgoldberg@live.com>
Sent: Monday, December 10, 2018 9:34 AM
To: Robin Roberts
Cc: Ellery A. Deaton; Sandra Massa-Lavitt; Schelly Sustarsic; Thomas Moore; Mike Varipapa;
Jill Ingram; Crystal Landavazo; Community Media Corporation
Subject: Questions and Comments for Public Hearing on ADU's
Attachments: ADU.maximum size.doc; ADU Ordinance Questions and Comments.pdf
Hi Robin,
I would like to submit the two attachments as comments and questions for tonight's public hearing. The word
document are my specific comments on ADU size maximums. The pdf is an abridged version of the proposed
ordinance with marginal comments and questions. I would greatly appreciate if copies of both could be placed
at each Council members' dais seat.
Thank you very much,
Robert Goldberg
1
Can Local Governments Establish a Maximum ADU Size Less
than 1200 Square Feet?
Yes, per the CA Housing & Community Development FAQ's (http://www.hcd.ca.gov/
policy-research/docs/FAQsADUs.pdf). A local government may establish maximum unit
sizes (GC Section 65852.2(c)). However, like all development standards (e.g., height,
lot coverage, lot size), unit sizes should not burden the development of ADUs. For
example, setting a maximum unit size that unreasonably restricts opportunities would be
inconsistent with the intent of the statute. Typical maximum unit sizes range from
800 square feet to 1,200 square feet.
ADU law requires local government approval if meeting various requirements (GC Section
65852.2(a)(1)(D)), including unit size requirements. Specifically, attached ADUs shall not
exceed 50 percent of the existing Living area or 1,200 square feet and detached ADUs shall
not exceed 1,200 square feet. A local government may choose a maximum unit size
less than 1,200 square feet as long as the requirement is not burdensome on the
creation of ADUs
Relevant Government Code Sections:
65852.2(c): A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No minimum or
maximum size for an accessory dwelling unit, or size based upon a percentage of the
proposed or existing primary dwelling, shall be established by ordinance for either
attached or detached dwellings that does not permit at least an efficiency unit to be
constructed in compliance with local development standards.
65852.2(a)(1)(D)(iv): The total area of floor space of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling living area or
1,200 square feet.
65852.2(a)(1)(D)(v) The total area of floor space for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
Examples of 800 Square Feet Maximum in Other Cities:
Santa Monica: Effective 7/12/18 - Maximum 650 sf for lot sizes up to 6000 sf; maximum
800 sf for lots over 6000 sf (https://www.santamonica.gov/press/2018/05/30/new-
requlations-for-accessory-dwelling-units-in-santa-monica).
Goleta: Effective 7/13/18 - Maximum 800 sf. (https://www.independent.com/news/2018/
aug/13/goleta-limits-accessory-dwelling-units-800-square-/)
Union City: As of 6/25/18: Maximum 640 sf for lot sizes less than 8500 sf; maximum 800
sf for lots of 8500 sf or more (https://www.unioncity.org/DocumentCenter/View/1112/
RequirementsforAccessoryDw?bid Id=).
San Jose: Effective 7/27/18: - Maximum 800 sf for lot sizes from 9000-10,000 sf;
maximum 900 sf for lots over 10,000 sf (http://www.sanjoseca.gov/ADUs).
QuEST" S AN
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Scc101 i . F,NDiN`->
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(f) Pursuant to the 2016, 2017 and 2018 legislation, Government Code
Section 65852.2 requires that the City's zoning provisions regarding accessory dwelling
units incorporate these additional State-mandated standards.
(g) Pursuant to the authority granted in Government Code Section 65852.2(a)
through (e), the City Council hereby designates those zoning districts or other areas in
which accessory dwelling units may be located, and the development standards
applicable to the construction of accessory dwelling units within those designated
zoning districts. The City Council hereby finds that lots in the RHD-20 District located in
Old Town and the Surfside Colony area of the Rt_D-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 particular 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 off-street parking for j!folN,G_5
accessory dwelling unitsall be permitted in setback areas in locations determined by
the City or through tandem parking, unless specific findings are made that parking1n
setback areas or tandem parking .is not feasible based on specificsiteor regional 1-1-1(3'
topographical or fire and life safety conditions. The lots in other zoning districts are sir L34
insufficient in size to allow parking in rear, side or front yard setbacks, due to the epK'NG-
parking requirements for the primary dwelling unit and restricted driveway length and F'
width. and limited distance between neighboring lots. Allowing parking in rear, side and Pcpki
front yard setbacks in the City's other zoning districts is not feasible, due to fire and . i to/l Di
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 i_s 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.
2
Ec i��N 2 , DEvi-t PM>F S—,-p1JDf1IZ 1v 5-
rdinance No.
I
ft5i-E I I . 2-o 5-. 0/ S Ccar� /NuE'�/
RLD-9 RLD-15 RMD-18 RHD- RHD-33 RHD- Supplemental
fylNiIi\On AgE1; —__ 20 46 Regulations
Efficiency Second
Accessory Dwelling 150 150 150 150 150 150 L-1 •
Unit
1-Bedroom
Accessory Dwelling 400 400 400 400 400 400 L-1
Unit
2+-Bedroom Second
Accessory 600 600 600 — — — L1
Dwelling Unit
Maximum Floor Area for
Second Accessory Dwelling
Units
Detached Sesc»d 800 800 1.200 800 1.200 cC�
Accessory 1.200 .- - - fp 7
Dwelling Unit sq. ft sq ft sq. ft SNI rr.X ,
Attached Second 3050% 3050% of 3050% of W V
Accessory of .� P LE.
Dwelling Unit existing existing existing : 2 '�
living living e ',lap-5
living area of area of M`}xrnokihkS
area of
primary
primary primary — — — Foe
td
unit. to unit to to i
unit to
_ c
maximu maximu maximu t'' 2'
m of m of m of K 0 3-
1.200 1,200 sq. 1,200 sq. 5iN nrNS
Mil�16J
sa ft ft ft. pg-ti
J l�
Maximum Lot (B) 67 50 75 (B) 60 80 (B) (W)
Coverage (%)
Substandard Lot
Standards Yes Yes Yes Yes Yes Yes (C)
Building Form and
Location
Minimum Yards
(ft)
Front- Minimum Average Ave rag
12; e 12; (D) (E) (W); L-
(D) (E) 18 18
minimum minimu 3
6 m6
5
e( MS- (C. r-r(r")61;)
RLD-9 I RLD-15 RMD-18 RHD- RHD-33 RHD- Supplemental
20 46 Regulations
2-Story
Cabanas/Manufactu — — — — Yes — (S)
red Homes
Roof Decks Yes — Yes Yes Yes Yes (T)
Solar AccessSee Section
Yes Yes Yes Yes Yes Yes
11.4.10.045
Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter
11.4.15
General Site See Chapter 11.4.10: General Site
Standards Standards
•
Landscaping and See Chapter 11.4.30: Landscaping and Buffer
Buffer Yards Yards
Signs See Chapter 11.4.25: Sign Regulations
_
Nonconforming See Chapter 11.4.40: Nonconforming Uses. Structures, and Lots
Structures
Coastal See Chapter 11.4.35: Coastal Development Permit
Development Permit
Reasonable See Chapter 11 5.30 Reasonable Accommodations
Accommodations ���c Di.---
L-1: Atcesso ;sync, U t re of dtRZZd /?
d Tw r ui olo aD6.u�
ccess, rkinq d traffic im s 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, except that one
accessory dwelling unit per lot may be constructed within the existing space of
an existing single-family residence, pool house or similar existing accessory
structure within a zone for single-family use if the accessory dwelling unit
meets all the requirements set forth in Subsection T of this Section.
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.
8
E-c_. 1 o 14 3, kEsi pr„A/`T/A c. USES - H DV%s Ordinance No.
-----
) 1,9,v5,
_II,9,
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.
-unit shall- lave-a
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. The accessory dwelling unit shall not
have interior access from or to the primary dwelling unit.
H. Emergency Access. A-sewn dAn accessory dwelling unit may be permitted only
on a lot with access to a public street that meets the fire apparatus access road
requirements of the California Fire Code Section 902.2.2.1 et seq. or any successor
regulations.
I Parking. SO KEh1..+geD
1.Number required. Except as otherwise provided in this subsection, 1 space Fog Y
per accessory dwelling unit or per bedroom, whichever is less, aA-t imum-ef EFf1 r�`'
pass-shad be required for each second a ,�Do ?•
sessery- ., . -. , . • . , ', . _ . . - _ -
The required offstre jerking space for the
accessory dwelling unit may be provided in a4 etback area`or throug_h as > too' r S
tandem parking on a an-existing driveway, subjec 0 mpliance will Apt) Sgr8 K
other requirements of this Section. No second accessory dwelling unit shall be eRgxi+v .orj
allowed unless the existing or proposed primary dwelling is also in compliance 1O /4:1?Y
with all applicable parking requirements of this zoning--cCode. An accessory M c.
dwelling unit is not required to provide parking in any of the following `ir/pIP �lr
instances: 1 ' Pte'
ti
(a) The accessory dwelling unit is located within one-half mile (as c Miats �'l
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. — -
Sa pa
(c) The accessory dwelling unit is part of the proposed or existing ft b 0
primary residence or an existing accessory structure. --7 p,1Kj►vo-
L.
(d) When on-street parking permits are required but not offered to the FDA-
ojc
occupant of the accessory dwelling unit. 6pr1✓ j0
(e) When there is a car share vehicle located within one block of the IV
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
11
^'7 Fire)► 6--5 lij s. `o,J 1, G
f,zGffrBir TNis 6-1YY wiDe ,
so wt-11'
from the primary dwelling uni •r accessory dwelling unit. No-par-kiwi4he N t t-'T *1'1
CS
asses- • - • '. . . . m
ima -ttwel --unit-shalLb 4E' 3 •
f tr kt--: _ . . . Parking for the accessory dwelling unit may tie".
be permitted in setback areas 'n locations determined by the City or through
tandem parkins, • • •ecific 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 an existing arage,
carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit, or an existing garage, carport or
covered parking structure is converted to an accessory dwelling unit, any
required off-street parking for the primary dwelling unit shall be replaced
elsewhere on the sub-ect •ro•ert t• • - -- --- --..- = --1—the
primacy-i nt-shall_be-replaced; in a ratio of one to o e ms-shall-be
covered in accordance with the requirements of this Code as set forth in
Table 11.4.20.015.A.1. 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 6a N°
number of parking spaces for the primary unit. The requirement for p fLAc��
replacement parking shall not apply to an accessory dwelling unit described i i '�' '
in Subsection 1.1(a) through (e) of this Section. R
assessery u truce—iLs--ca�ny�.e�r{t�]ed- rite---ars-assess-m for' �Nd
d o€ -ct 3e1 k T4".WT ••••• _ r t vzLw*T • ! . . �/ \�R,
kkt
X4.113.544 4t of ' 'l
54. 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. Separation Requirements. Detached accessory dwelling units, which do not
share any walls with the primary dwelling unit, shall be separated by at least
ten (10 feet from the primary dwelling unit.
K. Common Walls. Any common wall separating the attached accessory
dwelling unit from the primary dwelling unit shall be soundproofed. Details of
the proposed means of soundproofing shall be submitted with plans for
construction.
AL. Ownership and Occupancy Requirements.
12
provided it meets fire and building code requirements. An accessory dwelling
unit constructed above a garage shall have a minimum setback of five feet.
NP. 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 plass and other techniques may be used to avoid line
of sight.
QQ.Health and Safety.
1.Accessory dwelling units must, at a minimum, adhere to the fire safety
standards in the Building and Fire Code for residential structures and use
measures such as fire preventative site design, landscaping and building
materials, and other required fire suppression techniques as determined by
the Fire Marshal. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.
2.Accessory dwelling units proposed to be developed in areas of geologic
hazard must not be endangered by, nor contribute to, hazardous conditions
on the site or on adjoining properties.
3. If the accessory dwelling unit proposed to be developed is in a Special
Flood Hazard Area identified on the City's Flood Insurance Rate Map and/or
in an area known for flooding, the finished floor level of the improvements
shall be above the base flood elevation.
PR. 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.
S. Illegal Units. Any illegal building additions or accessory structures on the
parcel or lot shall be brought into compliance with the Code prior to approval
of the accessory dwelling unit.
T. Conversion of Existing Spaces to an Attached Accessory Dwelling Unit.
Notwithstanding any other applicable requirements of this Section, the Ft
Director of Development Services, or designee, shall ministerially approve an
application) for an accessory dwelling unit in conjunction with a building
permit to create an attached accessory dwelling unit only if all of the
following requirements are met:
1. The proposed attached accessory dwelling unit will be located within a
zone allowing for single-family uses;
14
Ordinance No.
2. The proposed attached accessory dwelling unit is contained entirely
within the existing space of the existing single-family residence or
existing accessory structure on the lot;
3. The proposed attached accessory dwelling unit has independent exterior
access from the existing primary residence that complies with
Subsection G of this Section; o� ,S
4. The side and rear setbacks of the proposed attached accessory dwelling
unit are sufficient for fire safety; D AA►
5. Only one accessory dwelling unit shall be allowed per single-family lot; -;- w teA
and the lot on which the attached accessory dwelling unit is proposed to
be established shall not contain any existing attached or detached
accessory living quarters, accessory dwelling units, second units,
granny flats, guest houses, servant's quarters, or similar facilities, unless
the proposal includes demolition or modification of such facilities so as
to comply with the provisions of this Subsection;
6. The attached accessory dwelling unit shall contain no more than one
bedroom; and
7. The proposed attached accessory dwelling unit approved pursuant to
this Subsection shall comply with Subsections L and M relating to
owner-occupancy and deed restrictions for either the primary dwelling
unit or accessory dwelling unit created through this process.
QU. 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 114.35.
SECTION 4. The following regulations are hereby amended in Table
4.20.015.A.1 of the Seal Beach Municipal Code
Table 11 4.20 015 A.1
REQUIRED PARKING
Required Off-Street
Use Classification Parking Spaces Additional Regulations
Residential Use Types
Single-Unit Dwelling 2 spaces per studio unit.
2 spaces per dwelling unit for
each unit of 1 to 5 bedrooms.
3 spaces per dwelling for each See also Section
15
Required Off-Street
Use Classification Parking Spaces Additional Regulations
unit of 6 bedrooms or more 11.2.05 015.N: Limitations on
plus 1 additional space for Parking and Garage Frontage.
each bedroom above 6 total All required spaces must be
bedrooms in the dwelling unit. located in a garage. See also
Section 11.2.05 015.N.4:
Required Garage Exception—
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 1 space for asa-et€rcie Section 11.4.05.115.1:
Unit second per accessory Residential Uses -Second
dwelling unit or per Accessory Dwelling Units.
bedroom, whichever is less Required spaces may be REF-iAg
4)444F43431:1140f provided in tandem 1-rO
non-efficiency-&econd configuration on exI �e s ;g.1",....C(`
accessor-dwellingunits driveway orgri setback ' Z- -INC
strt5�ct t6—-- F f- A7i1
topographical or public 50(1`11-77 , 7
safety requirements per g . 1$L
Section 11.4.05.115.1.2. For
replacement spaces. see
Section 11.4.05.115.1.3.
Two-Unit Dwelling; Multiple- 2 spaces per dwelling unit for See also Section
Unit Residential each unit. 1 guest space for 11.2.05.015 N. Limitations on
every 7 units. 1 space per Parking and Garage Frontage.
dwelling unit, inclusive of All spaces except guest
guest parking. for each studio spaces must be located in a
or one-bedroom unit in a garage or carport.
development meeting the
minimum requirements of
Chapter 11.4.55: Affordable
Housing Bonus.
Small Family Day Care No additional spaces required
(besides the required spaces
16