HomeMy WebLinkAboutPC Res 21-07 - 2021-05-17RESOLUTION NO. 21-7
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 21-1 REGARDING ACCESSORY
DWELLING UNITS AND RELATED DEVELOPMENT
STANDARDS (ZONE TEXT AMENDMENT 21-1)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
WHEREAS, Recent amendments to California Government Code Sections
65852.2 and 65852.22 became effective that regulate Accessory Dwelling Units; and
WHEREAS, Staff has identified areas within the text of the Zoning Code, Title 18,
of the Municipal Code that require amendment to become compliant with California
Government Code 65852.2 and 65852.22; and
WHEREAS, Staff has identified the need to amend portions of Title 11 of the Seal
beach Municipal Code; and
WHEREAS, the Planning Commission has authority pursuant to Section
11.5.05.010.6 of the Municipal Code to make a written recommendation to the City
Council to approve, approve with modifications, or disapprove amendments to the Zoning
code; and
WHEREAS, the City has reviewed the proposed Zone Text Amendment for
compliance with the California Environmental Quality Act (CEQA) and finds and
determines that the adoption of Ordinance 21 -XX and Zoning Text Amendment 21-1 is
exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines
Section 15282 (h), as an action to implement the provisions of Government Code
Sections 65852.2 and 65852.22; and
WHEREAS, the Community Development Department on May 6, 2021, caused to
be published a legal notice in the Sun Newspaper, a local paper of general circulation, a
hearing notice indicating the date, time, and location of the public hearing on the proposed
Zone Text Amendment; and
WHEREAS, on May 17, 2021, the Planning Commission held the duly noticed
meeting where interested persons had an opportunity to testify in support of, or opposition
to, the project and at which time the Planning Commission Zone Text Amendment 21-1.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL
BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1. Environmental Findings. Pursuant to the California Environmental Quality
Act ("CEQA"), the Community Development Department has determined that the
proposed amendments to Accessory Dwelling Unit regulations are exempt from the
requirements of CEQA and the City's CEQA Guidelines pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the
adoption of an ordinance regarding second units in a single-family or multi -family
residential zone. To the extent that any provisions of this ordinance are not exempt
pursuant to Public Resources Code Section 21080.17 and Section 15282(h), the
amendments are not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3),
because it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
Section 2. Required findings for Zone Text Amendment 21-1. The California
Government Code and Section 11.5.15.025 (Required Findings) of the Municipal Code
require that Zone Text Amendments meet certain findings prior to recommendation of
approval by the Planning Commission and approval by the City Council. The Planning
Commission hereby makes the following findings, as supported by substantial evidence
on the record including and incorporating all facts and evidence in the staff report and its
attendant attachments, in support of the recommendation for approval of Zone Text
Amendment 21-1:
Finding 1. The proposed amendment is consistent with the following General Plan
Goals and Policies:
Land Use Element
1. Features of the Community: A goal of the City is to maintain and promote those
social and physical qualities that enhance the character of the community and
the environment in which we live.
2. Housing: It is to be a goal of the City to preserve its low- and medium -density
residential character while still providing a wide choice of living
accommodations and lifestyles for its residents.
Housing Element
1. Goal 1: Facilitate the development of a variety of housing types for all income
levels to meet the existing and future needs of residents.
The proposed Ordinance will allow and facilitate the provision of a broader
spectrum of ADUs and hence housing types available to lower income, senior
and special needs households.
2. Program 1 c: Second Units: Continue to allow for the development of second
units consistent with state law and the Municipal Code.
The proposed Ordinance will continue to allow second units (ADUs) consistent
with state law.
3. Goal 2: Assist in the development of adequate housing to meet the needs of
low- and moderate -income households.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby
adding additional housing units available to low- and moderate -income
households.
4. Policy 2a: Expand housing opportunities for households with special needs,
such as the elderly, disabled, large households, female -headed households,
and the homeless.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby
adding additional housing units available to households with special needs,
such as the elderly, disabled, large households, female -headed households,
and the homeless.
5. Policy 2b: Provide incentives for and otherwise encourage the development of
new affordable housing for low- and moderate -income households, including
extremely -low-income persons.
The proposed Ordinance will facilitate and incentivize the provision of a broader
spectrum of ADUs, through relaxed development standards, and hence
encourage the development of additional housing available in particular to
lower income households.
6. Policy 2d: Direct the construction of low- and moderate -income housing to sites
that are:
• located with convenient access to schools, parks, public transportation,
shopping facilities, and employment opportunities;
• adequately served by public utilities,
• adequately served by police and fire protection;
• compatible with surrounding existing and planned land uses,
• minimally impacted by noise, flooding, or other environmental constraints,
and
• outside of areas of concentrated lower-income households.
Finding 2. The proposed amendment would not be detrimental to the public
interest, health, safety, convenience, or welfare of the city.
Proposed Zone Text Amendment 21-1 will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City as it is an amendment to the
Zoning Code to be compliant with State law in regulating Accessory Dwelling Units
in residential zones.
Section 3. On May 17, 2021, the Planning Commission held a duly noticed public hearing
to consider Zone Text Amendment 21-1, which would amend Title 11 Section 11.4.04.115
of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other
minor corresponding amendments to the City's Zoning Code as set forth in the draft
ordinance included as Attachment "A".
Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other
evidence in the record, the Planning Commission hereby recommends that the City Council
approve Zone Text Amendment 21-1.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on May 17, 2021 by the following vote:
AYES: Commissioners Miller, Winkler. Thomas. Klinger
NOES: Commissioners Campbell
ABSENT: Commissioners
ABSTAIN: Commissioners
ATT
as .r�xrson
fanning Commission Secretary
Steve Miller
Chairperson
ATTACHMENT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 21-1
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL
CODE PERTAINING TO ACCESSORY DWELLING UNITS
AND FINDING THE ORDINANCE TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Effective January 1, 2020, Senate Bill 13 ("SB 13"), Assembly Bill 68 ("AB
68"), and Assembly Bill 881 ("AB 881") amended Government Code Sections 65852.2 and
65852.22 to further limit the standards cities may impose on accessory dwelling units ("ADUs")
and junior accessory dwelling units ("JADUs"). Government Code Section 65852.2 also was
amended this year by Senate Bill 1030 and Assembly Bill 3182.
Section 2. Procedural Findings. The City Council of the City of Seal Beach does
hereby find, determine, and declare that:
A. On May 17, 2021, the Planning Commission considered this Ordinance at a
duly noticed public hearing, as prescribed by law, at which time City staff and interested persons
had an opportunity to and did testify either in support of or against this matter.
B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 21-xx,
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance on
at a duly noticed public hearing, as prescribed by law, at which time City staff and
interested persons had an opportunity to and did testify either in support of or against this matter.
D. Following the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City Council.
Sectimi 3. Findings. In approving the proposed Zoning Code amendment, the City
Council hereby makes the following findings that the Ordinance is consistent with the General
Plan as follows:
A. The proposed Code Amendment is consistent with the following General
Plan Land Use Element Goals and Policies in that accessory dwelling units improve and expand
housing opportunities and housing choice:
1. Features of the Community: A goal of the City is to maintain and
promote those social and physical qualities that enhance the character of the community and the
environment in which we live.
2. Housing: It is to be a goal of the City to preserve its low- and
medium -density residential character while still providing a wide choice of living accommodations
and lifestyles for its residents.
B. The proposed Ordinance is consistent with the following City's General
Housing Element Goals and Policies in that it will: facilitate the development of a variety of
housing types for all income levels to meet the existing and future needs of residents; assist in the
development of adequate housing to meet the needs of low- and moderate -income households;
address, and where appropriate and legally possible, remove governmental constraints to the
maintenance, improvement and development of housing; and encourage more efficient energy use
in residential developments.
1. Goal 1: Facilitate the development of a variety of housing types for
all income levels to meet the existing and future needs of residents.
The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs
and hence housing types available to lower income, senior and special needs households.
2. Program 1 c: Second Units: Continue to allow for the development
of second units consistent with state law and the Municipal Code.
The proposed Ordinance will continue to allow second units (ADUs) consistent with state law.
3. Goal 2: Assist in the development of adequate housing to meet the
needs of low- and moderate -income households.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional
housing units available to low- and moderate -income households.
4. Policy 2a: Expand housing opportunities for households with special
needs, such as the elderly, disabled, large households, female -headed households, and the
homeless.
The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional
housing units available to households with special needs, such as the elderly, disabled, large
households, female -headed households, and the homeless.
5. Policy 2b: Provide incentives for and otherwise encourage the
development of new affordable housing for low- and moderate -income households, including
extremely -low-income persons.
The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of
ADUs, through relaxed development standards, and hence encourage the development of
additional housing available in particular to lower income households.
6. Policy 2d: Direct the construction of low- and moderate -income
housing to sites that are:
• located with convenient access to schools, parks, public transportation,
shopping facilities, and employment opportunities;
• adequately served by public utilities;
• adequately served by police and fire protection;
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compatible with surrounding existing and planned land uses;
minimally impacted by noise, flooding, or other environmental
constraints; and
outside of areas of concentrated lower-income households.
The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of
ADUs throughout all of the City's residential communities thereby assuring they are allowed and
encouraged in areas appropriate for residential use in a manner that does not result in undue
concentration of lower income households.
C. The proposed amendments are also consistent with Chapter 3 of the Coastal
Act, will not have an impact either individually or cumulatively on coastal resources, and do not
involve any change in existing or proposed use of land or water.
Section 4. Chapter 11.4.05.115 (Residential Uses - Accessory Dwelling Units) of Title
11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
"Sec. 11.4.05.115. - Accessory dwelling units.
A. Purpose and applicability. The purpose of this chapter is to implement the
requirements of Government Code Sections 65852.2 and 65852.22 to allow
accessory dwelling units and junior accessory dwelling units in a manner that
encourages their development but simultaneously minimizes impacts on traffic,
parking, density, and other areas where the City is still permitted to exercise local
control.
B. Definitions. For the purposes of this section, the following definitions apply.
(1) "Attached ADU" means an ADU that is constructed as a physical expansion (i.e.
addition) of the Primary Dwelling and shares a common wall with the Primary
Dwelling.
(2) "Detached ADU" means an ADU that is constructed as a separate structure from
the Primary Dwelling, which does not share any walls with the Primary Dwelling.
(3) "Existing structure" means an existing single-family dwelling, duplex or other
accessory structure that can be safely converted into habitable space under the
California Building Standards Code, as amended by the City, and other applicable
law.
(4) "Junior Accessory Dwelling Unit" or "JADU" has the same meaning ascribed in
Government Code Section 65852.22, as the same may be amended from time to
time. JADU standards apply to properties containing a Primary Dwelling.
(5) "Multi -family Dwelling" for purposes of this chapter, means a property
containing three (3) or more attached dwelling units. Multiple separate residential
structures on the same lot do not qualify as a multi -family building.
(6) "Primary Dwelling," for purposes of this chapter, means the existing or proposed
single-family dwelling or duplex on the lot where an ADU would be located.
(7) "Public transit," for purposes of this chapter, has the meaning ascribed in
Government Code Section 65852.20), as the same may be amended from time to
time.
C. Building permit approval only. (Tier 1)
(1) An accessory dwelling unit application is not required to be filed with the
Community Development Director for an ADU or JADU that satisfies the
requirements of subsection C(2) of this section (Government Code Section
65852.2(e)(1), as the same may be amended from time to time), subsections (G),
(H), and (I) of this section, and Title 8, Building and Construction, of the Seal
Beach Municipal Code. A Building Permit application is required to be filed with
the Building and Safety Department.
(2) Pursuant to Government Code Section 65852.2(e), the City shall ministerially
approve an application for a building permit on a lot that is zoned to allow single
family or multi -family residential use to create any of the following:
(a) ADU and JADU within Primary Dwelling and ADUs within existing
accessory structures. One ADU and one JADU per lot with a proposed or
existing single-family dwelling if all of the following apply:
(i) The ADU or JADU is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory
structure and may include an expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure.
An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
(ii) When an ADU is attached to a single-family dwelling, the ADU shall have
exterior access from the proposed or existing single-family dwelling.
(iii)The side and rear setbacks are sufficient for fire and safety.
(iv)The JADU complies with the requirements of Government Code Section
65852.22 and with the requirements set forth in subsection (F) of this
section.
(b) Detached new construction ADUfor Primary Dwelling. One detached, new
construction ADU for a lot with a proposed or existing single-family dwelling
if all of the following apply. The ADU may be combined with a JADU
described in subsection (C)(2)(a) of this section.
(i) The ADU shall be no more than 800 square feet in size.
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(ii) The ADU shall not exceed a height limit of 16 feet.
(iii) The ADU shall be setback a minimum of four feet from side and rear
lot lines. However, in districts which allow lesser side setbacks, the
lesser shall apply.
(c) ADU within non -livable space in existing multifamily dwelling. One ADU
within the portions of existing multifamily dwelling structures that are not
used as livable space, including, but not limited to: storage rooms, boiler
rooms, passageways, attics, basements, or garages, if each unit complies with
state building standards for dwellings. If requested, multiple ADUs shall be
allowed, up to the number of ADUs that equals 25 percent of the existing
multifamily dwelling units in the structure.
(d) Detached new construction ADUs for existing multifamily dwelling. Not
more than two detached ADUs located on a lot that has an existing
multifamily dwelling, subject to a height limit of 16 feet and minimum four -
foot rear yard and side setbacks. However, in districts which allow lesser side
setbacks, the lesser shall apply. Multiple separate residential structures on the
same lot do not qualify as a multi -family building.
D. Planning permit application. (Tier 2)
(1) An accessory dwelling unit application is required to be filed with the Community
Development Director for an ADU that does not satisfy the requirements of
subsection (C)(2) of this section. An accessory dwelling unit application shall be
made in writing to the Community Development Director on the forms provided
by the Planning Department, shall be accompanied by the filing fee as established
by resolution of the City Council, and shall include the following information:
(a) Name and address of the applicant.
(b) Completed Owner's Affidavit.
(c) Assessor's parcel number(s) of the property.
(d) A site plan drawn in sufficient detail to clearly describe the following:
(i) Physical dimensions of the property.
(ii) Location and dimensions of all existing and proposed structures, walls,
and fences.
(iii)Location and dimensions of all existing and proposed easements, septic
tanks, leach lines, seepage pits, drainage structures, and utilities.
(iv)Location, dimensions, and names of all adjacent roads, whether public or
private.
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(v) Setbacks.
(vi)Existing and proposed methods of circulation, including ingress and
egress, driveways, parking areas, and parking structures.
(vii) Panoramic color photographs showing the property from all sides and
showing adjacent properties.
(viii) A description of architectural treatments proposed for the ADU.
(ix) Written confirmation from any water district or sewer district providing
service of the availability of service.
(e) Floor plans. For an attached ADU, the plans must include the Primary
Dwelling, as well.
(f) Elevations. For an attached ADU, the plans must include the Primary
Dwelling as well.
(g) Such additional information as shall be required by the Planning Director.
(2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of
the Seal Beach Municipal Code. A Building Permit application is required to be
filed with the Building Department.
(3) In accordance with State law, ADUs are an accessory use or an accessory
structure to the Primary Dwelling on the lot. ADUs shall not be considered to
exceed the allowable density for the lot.
(4) The Community Development Director shall ministerially review and approve an
accessory dwelling unit application, provided that the submitted application is
complete and demonstrates that the ADU complies with the requirements
contained in this chapter and any other applicable law. A public hearing is not
required.
(5) Accessory dwelling unit applications subject to ministerial approval shall be
processed within the timelines established by California Government Code
Section 65852.2. The City shall act upon the accessory dwelling unit permit
within 60 days of receiving the application, or as the deadline required by
Government Code Section 65852.2, as the same may be amended from time to
time. Notice of decision on the application shall be mailed to the applicant. The
decision of the Community Development Director shall be final.
(6) Where an accessory dwelling unit application for an ADU is submitted with an
application for a Primary Dwelling that is subject to discretionary review under
Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application
shall be processed in accordance with this section, separately without
AI
discretionary review or a public hearing, following action on the portion of the
project subject to discretionary review.
E. Standards for ADUs. Except those ADUs approved pursuant to subsection (C) of
this section (Building Permit Approval Only (Tier 1)), ADUs shall comply with the
following development standards:
(1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or
existing Primary Dwelling that is zoned to allow single family or multi -family
residential use.
(2) Development Standards:
(a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the
lesser of: 1) fifty percent (50%) of the gross floor area for the Primary
Dwelling or 2) 850 square feet in gross floor area if it contains one or
fewer bedrooms or 1,000 square feet in gross floor area if it contains
more than one bedroom. Notwithstanding the above, an ADU with a
gross floor area between 1,001 and 1,200 square feet is allowed
provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850
square feet in gross floor area if it contains one or fewer bedrooms or
1,000 square feet in gross floor area if more than one bedroom.
Notwithstanding the above, an ADU with a gross floor area between
1,001 and 1,200 square feet is allowed provided a minimum of one
parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed fifty percent (50%) of the gross
floor area for the Primary Dwelling or 850 square feet in gross floor area
if it contains one or fewer bedrooms or 1,200 square feet in gross floor
area if more than one bedroom, whichever is less.
iv. In no case shall the gross floor area of an ADU be less than that of an
"efficiency unit" as defined in Health and Safety Code Section 17958.1.
(b) Height restrictions. A Detached ADU shall not exceed 16 feet in height, and
an Attached ADU shall not exceed the height of the Primary Dwelling. An
ADU may be constructed above a detached garage subject to the height limits
of the underlying zone, subject to recordation of a declaration of restrictions,
in a form approved by the City Attorney, agreeing to maintain the existing
garage as functionally available for parking.
(c) Setbacks. No setback shall be required for an ADU that is within a legally
Existing Structure or new ADU that is constructed in the same location and
with the same dimensions as a legally Existing Structure. For all other ADUs,
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the required minimum setback from side and rear lot lines shall be four feet,
except in districts which allow lesser side setbacks, in which case the lesser
shall apply. An ADU shall comply with all required front yard setbacks
otherwise required by the Seal Beach Municipal Code.
(d) Lot coverage. An ADU shall conform to all lot coverage requirements
applicable to the zoning district in which the property is located, except where
the application of the lot coverage regulations would not permit construction
of an 800 -square -foot ADU that is 16 feet in height with at least four -foot side
and rear yard setbacks, except in districts which allow lesser side setbacks, in
which case the lesser shall apply.
(e) Design. The ADU shall have the same design, architecture, colors and
materials of the Primary Dwelling, and shall comply with any objective
design standards adopted by the City that are applicable to the zoning district
or Specific Plan area where the ADU is located.
i. An ADU that is architecturally and aesthetically complimentary to the
Primary Dwelling with regards to design, architecture, colors and
materials may be considered subject to the City's minor use permit
process.
(f) Exterior access. An ADU shall have a separate exterior access.
(g) Fire sprinklers. ADUs are required to provide fire sprinklers if required for
the Primary Dwelling.
(h) Historic resources. An ADU that has the potential to adversely impact any
historical resource listed on the California Register of Historic Resources,
shall be designed and constructed in accordance with the "Secretary of the
Interior's Standards for the Treatment of Historic Properties with Guidelines
for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings" found at 36 CFR 68.3, as the same may be amended from time to
time. An ADU shall also comply with all local historic register requirements,
as well as all objective local requirements, ordinances, or Specific Plans that
pertain to historic resources.
(3) Parking Requirements:
(a) In addition to the off-street parking space(s) required for the Primary
Dwelling, one off-street parking space shall be provided for each ADU,
except when:
(i) The ADU is located within one-half mile walking distance of Public
Transit; or
(ii) The ADU is located within an architecturally and historically significant
historic district; or
E:
(iii)The ADU is an attached ADU proposed with a new single-family
development, or a proposed conversion of an existing Primary Dwelling
or accessory structure; or
(iv)The ADU is located in an area where on -street parking permits are
required but not offered to an ADU occupant; or
(v) The ADU is located within one block of a city -approved and dedicated
parking space for a car share vehicle.
(b) When the ADU is created by converting or demolishing a garage, carport or
covered parking structure, replacement of parking space(s) eliminated by the
construction of the ADU shall not be required as long as the ADU remains in
use as a legal ADU.
(4) Other provisions:
(a) Recreational trailers are not permitted to be used as ADUs. This includes, but
is not limited, to recreational vehicles and mobile/motor homes.
F. Standards for JADUs. In accordance with the standards set forth in Government
Code Section 65852.22, JADUs shall comply with the following requirements, unless
State law is amended to set forth different standards in which case State law standards
will govern:
(1) A JADU shall be a minimum of 220 square feet and a maximum of 500 square
feet of gross floor area. The gross floor area of a shared sanitation facility
(bathroom) shall not be included in the maximum gross floor area of a JADU.
(2) A JADU must be contained entirely within the walls of the existing or proposed
single-family dwelling.
(3) A separate exterior entry from the main entrance to the single-family dwelling
shall be provided to serve a JADU.
(4) A JADU may include a separate sanitation facility (bathroom), or may share
sanitation facilities (bathroom(s)) with the existing single-family dwelling.
(5) A JADU shall include an efficiency kitchen which shall include all of the
following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the JADU.
(6) No additional parking is required for a JADU.
D
G. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU
or JADU, the property owner shall record a declaration of restrictions, in a form
approved by the City Attorney, placing the following restrictions on the property, the
property owner, and all successors in interest:
(1) The ADU or JADU shall not be sold, transferred, or assigned separately from the
Primary Dwelling, but may be rented.
(2) The ADU shall not be used for short-term rentals for less than 30 consecutive
days.
(3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be
occupied by the owner of record.
H. Fees and utility connections.
(1) ADUs and JADUs shall have adequate water and sewer services. These services
may be provided from the water and sewer points of connection for the Primary
Dwelling and not be a separate set of services. For an ADU that is not a
conversion of an existing space, a separate utility connection directly between the
accessory dwelling unit and the utility may be required. Consistent with
Government Code Section 65852.2(f), the connection may be subject to a
connection fee or capacity charge that shall be proportionate to the burden of the
proposed accessory dwelling unit.
(2) The owner of an ADU or JADU shall be subject to the payment of all sewer,
water and other applicable fees, including impact fees set forth in Government
Code Section 66000 et seq., except as follows:
(a) ADUs that are less than 750 square feet shall not be subject to impact fees.
(b) ADUs that are 750 square feet or more shall be charged impact fees that are
proportional in relation to the square footage of the Primary Dwelling unit.
(3) The City shall not issue a building permit for an ADU or JADU until the applicant
provides a will serve letter from the local water and sewer provider.
Notwithstanding the foregoing, if a private sewage disposal system is being used,
the applicant must provide documentation showing approval by the Building
Official in lieu of the will serve letter by the local sewer provider. If a private
well is being used, the applicant must provide documentation showing approval
by the Building Official and Orange County Health Department in lieu of the will
serve letter by the local water provider.
I. Fire safety requirements. The construction of all new accessory dwelling units shall
meet minimum standards for fire safety as defined in the Building Code of the City
of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be
amended by the City from time to time. All applications for accessory dwelling units
in areas designated as high or very high fire hazard zones shall be reviewed by the
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Building Official and Fire Marshal to ensure the standards for fire safety as defined
in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal
Beach will be met. Fuel modification treatments (clearing requirements) will be
greater for those properties in high and very high fire hazard severity zones, which
may be characterized by steeper terrain, larger and denser fuels, fuels that are highly
volatile, and subject to frequent fires. Clearing requirements shall meet the state's
General Guidelines for Creating Defensible Space."
Section 5. Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title 11 of the Seal Beach
Municipal Code is hereby amended by providing for the minimum floor area for accessory
dwelling units consistent with state law as follows, with all other portions of Table 11.2.05.015
remaining the same:
Minimum Floor Areas q.ft)
Primary
1,200
1,200(E)
950
950
950
950
Dwelling
Unit
Junior
220
220
220
220
220
220
Accessory
Dwelling
Unit
1-
400
400
400
400
400
400
Bedroom
Accessory
Dwelling
Unit
2+-
600
600
600
600
600
600
Bedroom
Accessory
Dwelling
Unit
Maximum Floor Areafor Accesso Dwellin Units so -ft)
Junior
500
500
500
500
500
500
Accessory
Dwelling
Unit
Detached
1,200
1,200
1,200
1,200
1,200
1,200
Accessory
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
(L-4)
Dwelling
Unit
Attached
1,200
1,200
1,200
1,200
1,200
1,200
Accessory
L-4
L-4
L-4
L-4)
(L-4)
L-3
11
Dwelling
Unit
Section 6. Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title 11 of the Seal Beach
Municipal Code is hereby amended to delete Note 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) as this note is contrary to State law. Notes
L-2 to L-4 are renumbered to L-1 to L-3. A new Note L-4 is added as follows: An ADU with a
gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one
parking space is provided for the ADU.
Section 7. Table 11.2.05.015.A.4 of Section 11.2.05.015 (Development Standards for
Residential Districts) of Chapter 11.2 (Residential Districts) of Title It of the Seal Beach
Municipal Code is hereby amended by providing for the minimum floor area for accessory
dwelling units consistent with state law as follows:
SURFSIDE MINIMUM UNIT SIZES
Unit Type
Minimum Unit Size (sq.. ft.
Primary dwelling unit
750
Efficiency Second Dwelling Unit
220
1 -Bedroom Second Dwelling Unit
400
2 or more Bedroom Second Dwelling Unit
600
Section 8. Table l 1.4.20.015.A. I of Section 11.4.20.015 (Required Off -Street Parking
Spaces) of Chapter 11.4.20 (Off -Street Parking and Loading) of Title i 1 of the Seal Beach
Municipal Code is hereby amended to read as follows:
REQUIRED PARKING
Required Off -Street
Classification Parking Spaces Additional Regulations
esidential Use Types i
Accessory Dwelling Units See Section 11.4.05.115.E.3 See Section 11.4.05.115.E.3
Section 9. California Environmental Quality Act Exemption. The City Council
determines that this ordinance is exempt from environmental review under the California
Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and
the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning
ordinance implements the provisions of Government Code Section 65852.2 and is therefore
exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of
Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt
pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA
12
Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.
Section 10. Submittal of Ordinance. The Planning Director shall submit a copy of the
Ordinance to the Department of Housing and Community Development within 60 days after
adoption of this Ordinance.
Section 11. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach this day of ,
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
[SEAL]
13
, Mayor