HomeMy WebLinkAboutPC Res 18-21 - 2018-11-05RESOLUTION 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 L'amPll.l�
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
ATTEST: Chairperson
stal LYr6aVazo
tanning Com n Secretary
ATTACHMENT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 18 -2
Proposed changes have been identified as shown in the Key at the top
right comer of the first page of the Ordinance
Ordinance No.
Key:
New lenauoae
New9eleNea
ORDINANCE NO. XXX Frlor new lonauoce
/rom UroeMv
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 Cal'rfomia.
(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
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 65652.2 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.
Table 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
RLD -15
RMD -18
RHD-
RHD 33
1 RHD-
Supplemental
20
46
Regulations
DensityMtensity of Use - Lot
Dimensions
Maximum Density
See Section
1 unit
11.4.
per
1 unit per
1 unit
1 unit
Second
for econd
5,000
3,000 sq.
1 unit per
per
1 unit per
per
Dwelling Unit
sq. ft. of
ft. of lot
2,500 sq.
2,178
1,350 sq.
960
standards.
lot area,
area, plus
ft. of lot
sq. ft.
ft. of lot
sq. ft.
See
plus a
a "Second
area
of lot
area
of lot
Subsection A
"Second
Unit"
area
area
for Surfside
Unit
Standards
Maximum Density
See Chapter
with State Affordable
11.4.55:
Housing Bonus
Affordable
(du /ac)
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
50 x 100
50 x
100
100
Comer Lots
55 x 100
35 x 80
50 x 100
25X
55 x 100
55 x
100
100
Minimum Floor
Area (sq. ft)
Primary Dwelling
1,200
1,200 (E)
950
950
950
950
L -1
Unit
Efficiency Sesead
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 Secend
Accessory
600
600
600
—
—
—
Dweffin Unit
Maximum Floor Area for
Seoend Accessory Dwelling
Units
Detached Second
800
80B 1200
800 1.200
Accessory
1.200
sq. ft
sq. ft
Dwelli0Q Unit
sq. ft
RLD-9
RLD•15
RMD•18
RHD•
RHD33
RHD-
Supplemental
20
46
Regulations
Attached Sesend
3050%
30M of
30,`•Q( of
Accessory
of
Dwelling Unit
aitlSlllL4
existino
Whit
EYlill0.4
fivipq
LWAll
area of
area of
primary
primary
primary ry
unitary
unit,lg
unit,.lg
maxim
maximu
aiairimu
m9f
n Of
m of
1.200
1,200 sq.
•200 so,
$
s°• R
f3
Maximum Lot
(B)
67
50
75(B)
60
80
(B)(W)
Coverage ( %)
Substandard Lot
Yes
Yes
Yes
Yes
Yes
Yes
(C)
Standards
Building Form and
Location
Minimum Yards
ON
Front - Minimum
Average
Averag
12;
a 12;
(D) (E) (W); L-
(D)
(E)
18
18
mi nimum
minimu
3
6
m6
Interior Side —
10% of
10%
Minimum
10% of lot
lot
10% of lot
of lot
width; 3
width;
width; 3
width;
R
3 ft.
3 ft.
(A) (D)
(E)
minimu
. '
minim
(A) (D) (E) (W)
minimum;
m; 10
minimum;
um;
m;
10 ft.
ft
10 ft.
t
maximum
maxim
maximum
maxi
um
mum
Comer Side —
15% of
15%
Minimum
15% of
15% of lot
lot
15% of lot
of lot
lo
1
width; 10
width;
width; 10
width;
i 00�
(E)
ft.
loft.
ft.
10 ft.
(E) (W)
maximu
maximum
maxim
maximum
maxi
m
um
mum
Rear
5 ft.; but
when
24 ft.
abutting
24 ft.
10
E
an alley
minus
width
minu s
(E
)(W)
()
24 ft.
of the
width of
minus
alley.
the alley.
width of
the alley.
Main Building
Envelope
Flood Zone Heights
Yes
Yes
Yes
Yes
Yes
Yes
(F)
Maximum Height
25(A)
(ft.)
(G) (not
25(E)
(G)
25
35
35
(A)(G)(E)(W)
to
exceed 2
Ordinance No.
RLD-9
RLD -15
RMD -18
RHD-
RHD-33
Supplemental
20
46
46
Regulations
stories)
Maximum Height of
Downslope Skirt
6
6
6
6
6
6
(H)
Walls (ft.)
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
— —
(Iq
Vehicle
Accommodation
Off - Street Packing
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
60/50
60/50
60/50
60/50
60/50
60/50
(0)
Paving in Street -
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
Yes
Ye s
Yes
Yes
Yes
Yes
(0)
on Downslope Lots
Pedestrian
—
—
Yes
Yes
Yes
Yes
(R)
Walkways
Other Development
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)
L -1: Second Accessory Dwellfna 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, parkin 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. `Wrla area" means the interior habitable area of a
dwellina unit including basements and attics but does not include a aaraae or
�PtS44- F�31i�'iQrrdDll
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 sesead accessory dwellina 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.
I. Application. An application for an sesondaccessory dwelling unit that meets
the standards contained in Subsections (B) throuah (P) of this section
11.4.05.115 shall be approved ministerially without discretionary reviewLRLic2 or
public hearing. An owner may apply for an accessory dwelling unit by
the applicant. The Cify 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 aporove the application if
he or she determines the application meets all requirements and standards in
RLD -9
RLD -75
RMD -18
RHD-
RHD�3
RHD-
Supplemental
20
46
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
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: Second Accessory Dwellfna 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, parkin 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. `Wrla area" means the interior habitable area of a
dwellina unit including basements and attics but does not include a aaraae or
�PtS44- F�31i�'iQrrdDll
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 sesead accessory dwellina 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.
I. Application. An application for an sesondaccessory dwelling unit that meets
the standards contained in Subsections (B) throuah (P) of this section
11.4.05.115 shall be approved ministerially without discretionary reviewLRLic2 or
public hearing. An owner may apply for an accessory dwelling unit by
the applicant. The Cify 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 aporove the application if
he or she determines the application meets all requirements and standards in
Ordinance No.
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. Sesend Accessory Qd&elling Uynits may be
established on any lot in the RLD -9 and RLD -15 Districts, and in the RMD and RHO
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- sesendan accessory dwelling unit. subject to compliance wifh
zonina district. Only one sesend- 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 sesenrl 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 Livin Facilities and Access.
1. A-sesendAn accessorvdwelling 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 l, 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 adioining 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
699
Attached
3W/6 of existing living area of primary
residential unit maximum increase of
floor area of 12.00" max
Minimum Floor Area
Efficiency
150
1- Bedroom
400
2- Bedroom
1600
"Living area ", See definition of "livina area" in Table 11.2.05.015. Note (L-4).
F. Zoning Requirements Except as otherwise provided in this Section
ministerial approval for second pnn accessory dwelling unit shall not be issued
unless the proposed accessory dwelling unit Gemply 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- seeendAn 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 sesend-accr,fi&=
dwelling unit shall be located so that it is not visible from the public right -of -way.
H. Emergency Access. A- sesendAD aceessory 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 .
other reauirements of this Section. No sesend accessory dwelling unit shall be
allowed unless the existing or Proposed primary dwelling is also in compliance
with all applicable parking requirements of this zen44@- -G .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 reauired 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 reauired parking space(s) for an
accessory dwelling unit shall not obstruct the Parking of the Primary unit or
inaress and egress from the Public street. At least one of the reauired
parking spacers) for the accessory dwelling unit and at least one of the
hest:-rear-or-side yard - se.na k&.- Parking for the accessory dwellino unit may
be Permitted in setback areas in locations determined by the City or throuoh
tandem Parking, unless specific findings are made that oarkina 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 oarage carport, or
covered parking structure is demolished in coniunction with the construction
of an accessory dwellino unit or converted to an accessory dwellino unit, the
off - street parking spaces for the Primary dwelling unit shall be replaced, in a
tandem spaces. or by the use of mechanical automobile oarkina lifts, and in
minimum required number of Parking spaces for the primary unit. The
reouirement for replacement Parking shall not apply to a unit described in
Subsection l.1(a) throuoh (e) of this Section.
4- Alptivitfigianding any of t.he +sfNra�o.
acc-egnnn •fnighAre is PnImeprfad n.n an acneg ser*- dwell�Ag- unit. �nnv
10
Ordinance No
S4. 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 sesend accessory dwelling unit shall not be sold,
transferred, or assigned separately from the primary dwelling unit. Before obtaining
a building permit for the sesend 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 orlmary 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 loner 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)
unit constructed above a garage shall have a minimum setback of five feet.
N. Design Criteria.
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 adiacent 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.
the Fire Marshal. Accessory dwelling units shall not be required to provide
fire sprinklers if they are not required for the primary residence.
11
2 Accessory dwelling units proposed to be deve loped in areas of geologic
hazard must not be endangered by, nor contribute to, hazardous conditions
on the site or on adioining 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 subiect to all applicable provisions and
requirements of Title 9 of this code.
O Coastal Zone. Notwithstanding any other provision of this Code. accessory
dwelling units proposed in the Coastal Zone shall comps with all applicable
requirements of the City's Local Coastal Plan and the California Coastal Act
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
12
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
11.4.40.010.1: 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.
Sesend Accessory Dwelling
1 space 6BFan etfir sncy Section 11.4.05.1151:
Unit
sesend Der accessory Residential Uses - Sesend
dwellin unit order Accessory Dwelling Units .
bedroom. whichever is less Reouired spaces may be
Provided in tandem
configuration on e*kdk e a
-w`000 :-o,..• alwe �Wn.a s. driveway or in setback
areas. subiect to
12
Ordinance No.
13
Required Off-Street
Use Classification
Parking Spaces
Additional Regulations
topooraohical or public
safety reauirements Per
Section 11.4.05.115.1.2. For
replacement spaces. see
Section 11.4.05.115.0.
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 11.4.05.045.8: 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
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.C: Child
minimum of 3 spaces
Day Care Center
provided.
Golf Course
Minimum of 5 spaces per hole.
13
14
Required Off-Street
Use Classification
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
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
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.
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.
14
Ordinance No.
it-I
Required Off-Street
Use Classification
Parking Spaces
Additional Regulations
Automobile/Vehicle 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.
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.
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.
it-I
16
Required Off-Street
Use Classification
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
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
i 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
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 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
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
16
Ordinance No.
17
Required Off-Street
Use Classification
Parking Spaces
Additional Regulations
Light Manufacturing Use
Types
Contractors' Yards
1 space per 1000 square feet
of building area (if building
e)dsts)
HandicrafUCustom
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
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
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
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.
17
SECTION 5. The following regulations are hereby amended in Section
11.6.05.010 of the Seal Beach Municipal Code:
Seeend 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 &
situated. P spnnnd An accessory dwelling unit also includes efficiency units, as
defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as
these terFisare defined in Section 18007 of the Health and Safety Code. A sesend
dweling unit is an "aGGeSGGFY 64606% or building.. See Section 11.4.05.115:
Residential Uses - Secend- Accessory Dwelling Units in Chapter 11.4.05: Standards for
Specific Uses.
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.
plate or automatic dish washer.
Tandem: in connection with off - street narking. "tandem parking" or "tandem
configuration" means that two or more automobiles are oarked 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.
18
Ordinance No.
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 31 st 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.
ATTEST:
Robin L. Roberts, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mike Varipapa, Mayor
APPROVED AS TO FORM
Craig A. Steele, City Attorney
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.
L. Roberts, City Clerk
19