HomeMy WebLinkAboutCC Ord 1673 2019-01-14ORDINANCE 1673
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-
2), 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 ( "AB ") 2299 and Senate Bill
( "SB ") 1069 (hereinafter "2016 legislation ") 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, AB 494 AB 494 ") and SB 229 (hereinafter
"2017 legislation ") 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" dweliings, 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) During the 2018 legislative session, the Legislature adopted SB 1333, to
be effective January 1, 2019, which amended various provisions of the State Planning
and Zoning Law to address the lack of affordable housing in California, including by
amending certain statutes to make them applicable to charter cities, including but not
limited to the legislative findings contained in Government Code Section 65852.150
regarding the importance of accessory dwelling units as a form of housing to assist the
' State in meeting its severe housing crisis.
Ordinance No. 1673
' (e) 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.
(f) 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 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 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 offstreet parking for
accessory dwelling units shall be permitted in setback areas in locations determined by
the City or through tandem parking, unless specific findings are made that parking in
setback areas or tandem parking is not feasible based on specific site or regional
topographical or fire and life safety conditions. The lots in other zoning districts are
insufficient in size to allow parking in rear, side or front yard setbacks, due to the
parking requirements for the primary dwelling unit and restricted driveway length and
width, and limited distance between neighboring lots. Allowing parking in rear, side and
front yard setbacks in the City's other zoning districts is not feasible, due to fire and
other life safety concerns. The addition of accessory dwelling units and the
corresponding need for additional parking and /or relocation of existing parking for the
primary dwelling unit would result in restricted ingress and egress between the public
street and the primary dwelling unit and accessory dwelling unit, and therefore setback
parking is not allowed. The provisions set forth in this 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 112.10.015 of the Seal Beach Municipal Code is hereby
amended as follows:
11.2.05.015 Development Standards.
2
Ordinance No. 1673
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.
K
Ordinance No. 1673
' Table 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
I
0
RHD-
RHD-
Supplemental
RLD -9
RLD -15
RMD -18
20
RHD-33
46
Regulations
Density /Intensity of Use - Lot
Dimensions .
Maximum Density
1 unit
See Section
per
1 unit per
5,000
3,000 sq.
1 unit
1 unit
for
for Attached
sq. ft. of
ft. of lot
1 unit per
p
per
1 unit per
per
Dwelling Unit
lot area,
area, plus
2,500 sq.
2,178
1,350 sq.
960
standards.
plus an
an
ft. of lot
sq. ft.
ft. of lot
sq. ft.
See
"Access
" Accessor
area
of lot
area
of lot
Subsection A
cry
y Dwelling
area
area
for Surfside
Dwelling
Unit'
Standards
Unit'
Maximum Density
See Chapter
with State Affordable
11.4.55:
Housing Bonus
Affordable
(du /ac)
Housing
Bonus
Minimum Lot Area
(sq. h.)
Interior Lots
(W)
See Section
5,000
3,000
5,000
2,500
5,000
5,000
11.4.05.115
for Accessory
Dwelling Unit
standards.
Corner Lots
(W)
See Section
5,500
3,000
5,500
2,500
5,500
5,500
11.4.05.115
for Accessory
Dwelling Unit
standards.
Nonresidential Uses
10,00
10,000
10,000
10,000
10,000
10,000
0
Minimum Lot Size
0
n
Ordinance No. 1673
RHD:
RHD-
Supplemental
RLD -9 RLD -15
RMD -18
20
RHD -33
46
Regulations
Interior Lots
50 x 100
30 x 80
50 x 100
25 x
50 x 100
50 x
(W)
100
100
Corner Lots
55 x 100
35 x 80
50 x 100
25 x
55 x 100
55 x
(W)
100
100
Minimum Floor
Area (sq. ft.)
Primary Dwelling
1,200
1,200 (E)
950
950
950
950
L -1
Unit
Efficiency Accessory
150
150
150
150
150
150
L -1
Dwelling Unit
1- Bedroom
Accessory Dwelling
400
400
400
400
400
400
L -1
Unit
2 +- Bedroom
Accessory Dwelling
600
600
600
—
—
—
L -1
Unit
Maximum Floor Area for
Accessory Dwelling Units
Detached Accessory
1,200
1,200 sq.
1,200 sq.
Dwelling Unit
sq. ft
ft
ft
Attached Accessory
50% of
50% of
Dwelling Unit
existing
50% of
living
existing
existing
living
area of
living area
area of
primary
of primary
r
primary
—
—
—
L -4
unit, to
unit, to
unit, to
maximu
maximum
maximum
m of
of 1,200
of 1,200
1,200 sq.
sq. ft..
ft.
ft.
sq.
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
7
.J
L7
Ordinance No. 1673
11
RHD -
RHD-
Supplemental
RLD -9
RLD -15
RMD -18
20.
RHD -33
46
Regulations
Front - Minimum
Average
Averag
12;
e 12;
(D) (E) (W); L-
(D)
(E)
18
18
3
mi nimum
minimu
6
m6
Interior Side —
10% of
10%
Minimum
10% of lot
lot
10% of lot
of lot
width;
width;
width; 3
3 ft.
width; 3
3 ft.
(A) (D)
(E)
ft.
minimu
ft.
minim
(A) (D) (E) (W)
minimum;
m; 10
minimum;
um;
10 ft.
ft
10 ft.
10 ft.
maximum
maxim
maximum
maxi
um
mum
Corner Side —
15% of
15%
Minimum
15% of
15% of lot
lot
15% of lot
of lot
lot width;
width; 10
width;
width; 10
width;
10 ft.
(E)
ft.
10 ft.
ft.
10 ft.
(E) (W)
maximu
maximum
maxim
maximum
maxi
m
um
mum
Rear
5 ft.; but
when
abutting
24 ft.
24 ft.
10
(E)
an alley
minus
width
minus
(E) (W)
24 ft.
width of
minus
of the
the alley.
width of
alley,
the alley.
Main Building
Envelope
Flood Zone Heights
Yes
Yes
Yes
Yes
Yes
Yes
(F)
Maximum Height
25 (A)
(ft.)
(G) (not
to
25(E)
(G)
25
35
35
(A)(G)(E)(W),
exceed 2
stories)
Maximum Height of
Downslope Skirt
6
6
6
6
6
6
(H)
Walls (ft.)
11
7
Ordinance No. 1673
7
RHD-
RHD-
Supplemental
RLD -9 RLD -15
RMD-18
20
RHD -33
46
Regulations
Projections
Yes
Yes (E)
Yes
Yes
Yes
Yes
(1) (E) (W)
Minimum Distance
Between Buildings
6
6
6
6
6
10 -20
(J)
on the Same Lot (ft.)
Minimum Court
—
—
—
—
15
15
Dimensions (ft.)
Building Design
Exterior Stairways
Yes
Yes
Yes
Yes
No
No
L -2
Prohibited
Porches
Yes
—
—
Yes
—
—
(K)
Vehicle
Accommodation
Off - Street Parking
See Chapter 11.4.20: Off - Street Parking and Loading
and Loading
Maximum Number
of Curb Cuts for
1 (L)
1
1
1
1
1
(L)
Driveway
Maximum Width of
18
—
—
—
—
—
(M)
Driveway (ft.)
Limitations on
Parking and Garage
Yes
Yes
Yes
Yes
Yes
Yes
(N)
Frontage
Landscaping and
Open Space
Minimum Permeable
Surface /Maximum
Paving in Street -
60/50
60/50
60/50
60/50
60/50
60/50
(0)
Facing Yards ( %)
Minimum Site Area
(E), (P); See
Devoted to
25
15 (E)
15
Yes
15
15
also Section
Landscaping ( %)
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
7
u
7
Ordinance No. 1673
L -1: 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 or 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.
E:1
RHIJ-
RHD-
Supplemental
RLD -9 RLD -15
RMD -18
20
RHD -33
46
Regulations
Standards
Accessory
See Section
Structures
Yes
Yes
Yes
Yes
Yes
Yes
11.4.05.100;
(W)
2 -Story
Cabanas /Manufactu
—
—
—
—
Yes
—
(S)
red Homes
Roof Decks
Yes
—
Yes
Yes
Yes
Yes
(T)
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
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
L -1: 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 or 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.
E:1
Ordinance No. 1673
'
1-3: Refer to Appendix A - City Council Approved Blanket Setback Variances,
L -4: As used in this Section, "living area" means the interior habitable area of a
dwelling unit including basements and attics but does not include a garage or any
accessory structure.
SECTION 3. The following regulation is hereby amended in Section 11.4.05.115
of the Seal Beach Municipal Code:
11.4.05.115 Residential Uses — Accessory Dwelling Units.
The following regulations are intended to comply with Government Code Sections
65582.1, 65583.1, 65589.4, 65852.150, 65852.2, and 66412.2 or any successor
statutes, on accessory dwelling units and implement the general plan, by allowing
accessory units in specified residential districts subject to the following requirements:
A. Accessory Dwelling Units Subject to Administrative Review.
1. Application. An application for an dwelling unit that meets the standards
contained in Subsections (B) through (U) of this Section 11.4.05.115 shall be
approved ministerially without discretionary review, notice or public hearing. An
application for an accessory dwelling unit shall be submitted to the Director of
Development Services concurrently with submittal of an application for a
building permit on a form provided by the City. The application form shall
specify the information from the applicant. The City Council may establish a
1 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
subsections (B) through (U) of this Section 11.4.05.115 and in the applicable
zoning district. The Director shall deny the application if he or she determines it
does not meet all such requirements. The decision of the Director may be
appealed in accordance with Section 11.5.25.025.
B. Locations Allowed. Accessory dwelling units may be established on any lot in the
RLD -9 and RLD -15 Districts, and in the RMD and RHD Zones, excluding Old Town
and Surfside except as provided in Subsection T, where a primary single -unit
dwelling has been previously established or is proposed to be established in
conjunction with an application for construction of an accessory dwelling unit,
subject to compliance with all requirements of this section and the requirements of
the underlying zoning district. Only one accessory dwelling unit is permitted per
primary single -unit dwelling on the same lot.
C. Primary Dwelling Unit. A legal single -unit dwelling (the "primary dwelling unit')
must exist on the lot or must be constructed on the lot in conjunction with the
construction of the accessory dwelling unit. Such primary dwelling unit is further
1 defined as a building that provides complete, independent living facilities, as
defined herein, for one or more persons as defined herein.
0
D. Independent Living Facilities. An
independent living facilities for one
provisions for living, sleeping, eating,
herein), and sanitation.
E. Lot Size and Floor Area.
Ordinance No. 1673
accessory dwelling unit shall provide
or more persons and include permanent
cooking (including a kitchen, as defined
1. Minimum Lot Size. The lot or parcel on which the accessory dwelling unit is
proposed to be located must be at least five thousand (5,000) square feet in
size.
2. Maximum and Minimum Floor Area. The maximum and minimum floor areas
of an accessory dwelling unit are set forth in Table 11.4.05.115.E: Accessory
Dwelling Unit — Maximum and Minimum Floor Area.
Table 11.4:05.115.E
ACCESSORY DWELLING UNIT— MAXIMUM AND MINIMUM FLOOR AREA
Type of Accessory Dwelling Unit
. Area (Square Feet
Maximum Floor Area
Detached
1,200
Attached
50% of existing living area of primary
residential unit, maximum increase of floor
area of 1,200"
Minimum Floor Area
Efficient
150
1- Bedroom
400
2- Bedroom
600
"Living area ": See definition of "living area" in Table 11.2.05.015, Note (L -4).
F. Zoning Requirements. Except as otherwise provided in this Section, ministerial
approval for an accessory dwelling unit shall not be issued unless the proposed
accessory dwelling unit complies with the same height, setback, lot size, lot
coverage, and other applicable zoning requirements as apply to the primary
dwelling unit
G. Access; Entrance Location and !Visibility. The accessory dwelling unit shall
provide an exterior access separate from the primary dwelling unit. 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. In order to maintain the single -
unit residential character of the street, the entrance to the accessory dwelling unit
shall be located so that it is not visible from the public right -of -way. The accessory
dwelling unit shall not have interior access from or to the primary dwelling unit.
10
Ordinance No. 1673
H. Emergency Access. An 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, The required
offstreet parking space for the accessory dwelling unit may be provided in a
rear yard setback or side yard setback area or through as tandem parking on a
driveway, subject to compliance with all other requirements of this Section. The
offstreet parking space for an accessory dwelling unit shall not be located
within the front yard setback area. No accessory dwelling unit shall be allowed
unless the existing or proposed primary dwelling is also in compliance with all
applicable parking requirements of this Code. An accessory dwelling unit is not
required to provide parking in any of the following instances:
(a) The accessory dwelling unit is located within one -half mile (as measured by
public pedestrian or vehicle access) of public transit.
(b) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(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. Parking for the accessory dwelling unit may be permitted in rear
yard setback or side yard setback areas in locations determined by the City or
through tandem parking, unless specific findings are made that parking in rear
yard setback or side yard 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 an existing garage, 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 of- converted to an accessory dwelling unit, any required off - street
11
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
' 1 st 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
12
Ordinance No. 1673
exemption or other written documentation sufficient to establish 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. 1673
Q. 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.
R. 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 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;
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;
4. The side and rear setbacks of the proposed attached accessory dwelling unit
are sufficient for fire safety;
5. Only one accessory dwelling unit shall be allowed per single - family lot; 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, servants
quarters, or similar facilities, unless the proposal includes demolition or
modification of such facilities so as to comply with the provisions of this
Subsection;
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Ordinance No. 1673
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.
U. 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
15
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations
Residential Use Types
Single -Unit Dwelling
2 spaces per studio unit.
2 spaces per dwelling unit for
each unit of 1 to 5 bedrooms.
3 spaces per dwelling for each
See also Section
unit of 6 bedrooms or more
11.2.05.015.N: Limitations on
plus 1 additional space for
Parking and Garage Frontage.
each bedroom above 6 total
All required spaces must be
bedrooms in the dwelling unit.
located in a garage. See also
Section 11.2.05.015.N.4:
Required Garage Exception -
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
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Ordinance No. 1673
16
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations
subject to Chapter 11.5.20:
Development Permits.
Accessory Dwelling Unit
1 space per accessory
Section 11.4.05.115.1:
dwelling unit or per bedroom,
Residential Uses - Accessory
whichever is less.
Dwelling Units. Required
spaces may be provided in
tandem configuration on a
driveway or in rear yard or
side yard setback areas,
subject to topographical or
public safety requirements per
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
for the residential dwelling).
Large Family Day Care
1 space per employee, with a
Section 11.4.05.045.B: Large
minimum of 3 provided.
Family Day Care Homes
Group Housing
0.5 space per unit
See also Section
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
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Ordinance No. 1673
17
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations
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
Section 11.4.05.045.0: Child
minimum of 3 spaces
Day Care Center
provided.
Golf Course
Minimum of 5 spaces per hole.
Government Offices
1 space per 400 square feet.
Hospitals and Clinics
Hospitals
1 space per bed.
Clinics
1 space per 250 square feet.
Park and Recreation Facilities
To be determined by director,
who may require parking
demand analysis.
Parking Facilities, Public
1 space per attendant station.
Public Maintenance and
To be determined by director,
Service Facilities
who may require parking
demand analysis.
Public Safety Facilities
To be determined by director,
who may require parking
demand analysis.
Religious Facilities
1 space per 5 fixed seats or
per 75 square feet of main
assembly area, whichever is
greater. Each 24" of bench
type seating is considered 1
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Ordinance No. 1673
In
Required Off - Street
Use Classification
Parking Spaces
Additional Regulations
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.
AutomobileNehicle Sales
and Services
Automobile Rentals
1 per 300 square feet of office
area in addition to
storage /display spaces for all
vehicles for rent.
AutomobileNehicle Sales and
1 per 300 square feet of office
Leasing
area in addition to
storage /display spaces for all
vehicles for sale or lease.
AutomobileNehicle Service
1 space per service bay (not
and Repair, Major
including areas for auto
service or auto storage), plus
parking for any towing vehicles
used in the operation.
In
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Ordinance No. 1673
19
Required Off- Street
Use Classification
Parking Spaces
Additional Regulations
Automobile Service
1 space per 300 square feet of
Station/Vehicle Service and
any convenience store plus 1
Repair, Minor
space per service bay if repair
occurs on -site (in addition to
spaces at pumps, queuing
areas for pumps, and areas for
self - service water and air
areas).
Automobile Washing
1 per 300 square feet of any
indoor sales, office, or lounge
areas.
Large Vehicle Sales, Services
1 space per 300 square feet of
and Rental
office area in addition to
storage/ display spaces for all
vehicles for rent.
Banks and Other Financial
1 space per 250 square feet.
Institutions
With Drive - Through Facilities
1 space per 250 square feet of
floor area. No additional
spaces required for drive -
through facility.
Automated Teller Machines
2 spaces per'ATM.
(ATMs)
Bed and Breakfasts
1 space per guest room, in
Section 11.3.05.015: General
addition to 1 space required
Provisions
for resident owner.
Building Materials and
1 space per 500 square feet of
Section 11.4.20.015.F:
Services
building area plus 1 space per
Substitution of Compact for
600 sq. ft. of outdoor sales/
Standard Parking Stalls.
display area.
Business Services
1 space per 300 square feet.
Commercial Recreation
Large -Scale (Greater Than
Gyms and fitness studios: 1
20,000 Sq. Ft.)
space per 300 square feet.
Other specific uses: to be
determined by director, who
may require a parking demand
analysis.
Small -Scale (20,000 Sq. Ft. or
Gyms and fitness studios: 1
Less)
space per 300 square feet.
Otherspecific uses: to be
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Ordinance No. 1673
20
Required off- Street
Use Classification.
Parking Spaces j
Additional Regulations
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.
Restaurants, Limited Service
1 space per 100 square feet.
Restaurants, Take Out Only
1 space per 300 square feet.
With Drive - Through Facilities
1 space per 100'square feet.
With Outdoor Eating Areas
1 space per 100 square feet,
including outdoor dining areas.
Food and Beverage Sales
Catering Services
1 space per 1000 square feet,
plus parking for any vehicles
used in the business.
Convenience Market
1 space per 300 square feet.
General Market
1 space per 300 square feet.
Liquor Stores
1 space per 300 square feet.
Funeral Parlors and
To be determined by the
Mortuaries
director, who may require a
parking demand analysis.
Home Improvement Sales and
1 space per 400 sq. ft. of floor
Subsection 11.4.20.015.F:
Services
area or outdoor sales display.
Substitution of Compact for
Standard Parking Stalls
Hotels and Motels
1 space per unit; plus 2
spaces adjacent to registration
office; 1 space per 20 person
capacity of any conference or
banquet rooms!
Laboratories
1 space per 400 square feet.
Live/Work Unit
1 space per unit for each unit
smaller than 1000 square feet;
1.5 spaces per unit for each
unit containing 1000 square
feet or greater floor area or 2
or more bedrooms.
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Ordinance No. 1673
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Required�dff- Stlreei
Use Classification
Parking Spaces
Additional Regulations
Maintenance and Repair
1 space per 500 square feet
Services
Massage Establishment
1 space per 300 square feet.
Offices, Business and
1 space per 400 square feet.
Professional
Walk -in Clientele
1 space per 300 square feet.
Offices, Medical and Dental
1 space per 200 square feet.
Parking Facilities, Commercial
1 space per attendant station
(in addition to parking spaces
for customers).
Personal Improvement
1 space per 300 square feet.
Services
Massage, Accessory
1 space per 300 square fleet.
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
5 spaces per 1,000 square
Subsection 11.4.20.015.F:
75,000 square feet of GFA
feet of GFA
Substitution of Compact for
Standard Parking Stalls
Tattoo Parlors
1 space per 300 square feet.
Theaters
1 space per 4 seats
Light Manufacturing Use
Types
Contractors' Yards
1 space per 1000 square feet
of building area (if building
exists)
Handicraft/Custom
1 space per 750 square feet
Manufacturing
Industry, General
1 space per 1000 square feet
of building area
Industry, Limited
1 space per 1000 square feet
of building area
Warehousing and Storage
1 space per 1000 square feet
of building area
Indoor Commercial Storage
1 space per 1000 square feet
of building area
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Ordinance No. 1673
22
Requir,id ®ff- Street
Use Classification
Parking Spaces „
Additional Regulations
Outdoor Storage
1 space per 1,000 square feet
of building area
Personal Storage
1 space per 20 storage units.
Transportation,
Communication, and Utility
Use Types
Communication Facilities
Antennae and Transmission
No spaces required unless
Towers
maintenance occurs on a daily
or more frequent basis, in
which case 1 space per facility
required.
Facilities Within Buildings
one
Recycling Facilities
Reverse Vending Machine
When accessory fo another
use, no additional spaces
required. Otherwise, subject to
determination by director.
Recycling Collection Point
A minimum of 6 spaces for
custo iners, 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 'i 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.
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Ordinance No. 1673
' SECTION 5. The following regulations are hereby amended in Section
11.6.05.010 of the Seal Beach Municipal'Code:
Accessory Dwelling Unit: an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined
herein), and sanitation on the same parcel as the single - family dwelling is situated. An
accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of
Health and Safety Code, and manufactured homes, as defined in Section 18007 of the
Health and Safety Code. See Section 11.4.05.115: Residential Uses - Accessory
Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.
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: 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,
23
Ordinance No. 1673
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.
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 14th day of January, 2019.
ATTEST:
N/I�ZGGk Dana Engstrom, EngstromDeputy City
24
Thomas Moore, Mayor
Ordinance No. 1673
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Dana Engstrom, Deputy 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 10th day of December, 2018, and was passed, approved and adopted by
the City Council at a regular meeting held on the 14th day of January, 2019 by the
following vote:
AYES: Council Members: Deaton, Massa - Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
and do hereby further certify that Ordinance Number 1673 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Dana Engstrom, Deputy City
Clerk
25