HomeMy WebLinkAboutSupplemental - Ordinance 1673 Revisions Ordinance No. 1673
parking for the primary dwelling unit shall be replaced elsewhere on the subject
property in a ratio of one to one in accordance with the requirements of this
Code as set forth in Table 11.4.20.015.A.1. The replacement spaces for the
primary dwelling unit 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, except that no replacement parking for the
primary dwelling unit shall be located within the front yard setback area. 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 an accessory dwelling unit described in Subsection
1.1(a) through (e) of this Section.
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. 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.
L. Ownership and Occupancy Requirements.
1. Owner Occupancy Required. The property shall be the primary residence of
the property owner. The owner must occupy either the primary dwelling unit or
accessory dwelling unit as his or her primary principal residence as long as the
accessory dwelling unit exists.
2. Rental Occupancy. The residential unit on the property that is not occupied by
the owner of the property in conformance with this subsection may be rented
for no less than thirty(30) consecutive days at any time.
3. Sale of Accessory Dwelling Units. The accessory dwelling unit shall not be
sold, transferred or assigned separately from the primary dwelling unit. The lot
upon which the accessory dwelling unit and primary unit are located shall not
be subdivided in any manner that would authorize such sale, transfer
assignment or ownership.
4. Annual Verification. The property owner shall annually submit written
verification under penalty of perjury on an annual basis, no later than January
1st of each year, to demonstrate that the owner continues to occupy either the
primary dwelling unit or the accessory dwelling unit as his/her primary principal
residence. Annual verification may consist of proof of homeowner property tax
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Ordinance No. 1673
exemption or other written documentation sufficient to establish property
ownership that the primary dwelling unit or the accessory dwelling unit is the
property owner's primary residence to the satisfaction of the Director.
M. Deed Restrictions. Before obtaining a building permit for the accessory dwelling
unit, the owner of the lot or parcel shall execute and record 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 all restrictions set out in
Subsection L and the following provisions:
1. The accessory dwelling unit shall be considered a legal unit, and may be used
as habitable space, only so long as either the primary dwelling unit or the
accessory dwelling unit is occupied by the owner of record of the property.
2. 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.
3. The deed restriction shall further provide that violation of the code will be
subject to administrative fines and penalties as contained in Chapter 1 .15 of
the Seal Beach Municipal Code and may be enforced in accordance with the
code and applicable law.
N. Impact on Historic Resources. No accessory 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)
O. Setbacks.
1. Conversion of Existing Structure. No setback shall be required for an existing
garage or existing accessory/detached building or portion of an existing garage
(or other accessory/detached building) that is converted to an attached
accessory dwelling unit, provided it meets fire and building code requirements.
An accessory dwelling unit constructed above an existing garage shall have a
minimum setback of five feet.
2. Construction of New Detached Accessory Dwelling Unit. If an existing primary
dwelling unit is nonconforming as to side yard or rear yard setbacks, a new
detached accessory dwelling unit shall not be permitted.
P. 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.
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Ordinance No.
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 an accessory dwelling unit described in Subsection
1.1(a) through (e) of this Section.
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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. 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.
1. Owner Occupancy Required. 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 as
long as the accessory dwelling unit exists.
2. Rental Occupancy. The residential unit on the property that is not
occupied by the owner of the property in conformance with this
subsection may be rented for no less than thirty(30) consecutive days at
any time.
3. Sale of Accessory Dwelling Units. The accessory dwelling unit shall not
be sold, transferred or assigned separately from the primary dwelling
unit. The lot upon which the accessory dwelling unit and primary unit are
located shall not be subdivided in any manner that would authorize such
sale, transfer assignment or ownership.
4. Annual Verification. The property owner shall annually submit written
verification under penalty of perjury on an annual basis, no later than
January 1st of each year, to demonstrate that the owner continues to
occupy either the primary dwelling unit or the accessory dwelling unit as
his/her primary principal residence. Annual verification may consist of
proof of homeowner property tax exemption or other written
documentation sufficient to establish 'onertvownersh that t:-
1:3
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primary dwelling unit or the accessory dwelling unit is the propen
to the satisfaction of the Director.
14M. Deed Restrictions. •- -_e•e . . . e - ••e . •• •. •e e- e :
- • -: -= - *•• •- • e - ••: .-Before obtaining
a building permit for the second accessory dwelling unit, the owner of the lot or
parcel shall file execute and record with the Csounty Rrecorder a declaration or
agreement of restrictions, which has been approved by the city attorney as to its
form and content, containing all restrictions set out in Subsection L a reference
thatand the following provisions:
1. The second accessory dwelling unit may be rented, but shall not be sold
separately--from the-
21. The second accessory dwelling unit shall be considered a legal unitand
may be used as habitable space, 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.
32. 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.
43. The deed restriction shall further provide that violation of the code will be
subject to administrative fines and penalties as contained in Chapter 1.15
of the Seal Beach Municipal Code and may be enforced in accordance
with the code and applicable law.
N. 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)
MO.Setbacks.
1. Conversion of Existing Structure. No setback shall be required for an
existing garage or existing accessory/detached building or portion of an
existing garage (or other accessory/detached building) that is converted
to an attached accessory dwelling unit, provided it meets fire and
building code requirements. An accessory dwelling unit constructed
above an existing garage shall have a minimum setback of'five feet.
2. Construction of New Detached Accessory Dwelling Unit. If an existing
primary dwelling unit is nonconforming as to side yard or rear yard
setbacks, a new detached accessory dwelling unit shall not be permitted.
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
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