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Home My WebLink AboutCC Meeting 21-0628 - ZTA 21-1 ADUsItem O xt Amendment 21-1 pry Dwelling Units (ADUs) City Council July 26, 2021 PRESENTATION OVERVIEW • Background • ADU Legislation • New ADU and JADU Standards • CEQA Determination • Recommended Action BACKGROUND Past City action regarding ADUs: ZTA 18-2 approved in January 2019 • Addressed 2016, 2017 and 2018 legislation • Intended to increase housing supply by facilitating more ADUs • Limited City's prior regulation of ADUs • Allowed City to regulate tenure, zoning district, lot area, size of ADU and to require owner -occupancy ADU LEGISLATION 2019 Legislation • Multiple bills signed by Governor in October 2019 • AB 881, AB 68, SB 13, AB 670 • Effective January 1, 2020 • Automatically supersede City's previous ADU ordinance ADU LEGISLATION 2019 Legislation: AB 881 • ADUs allowed in all residential zones • ADUs (and JADUs) must be approved in 60 days if they meet certain criteria • No minimum lot size • ADUs allowed within primary dwelling (as well as attached to or detached from) ADU LEGISLATION 2019 Legislation: AB 881 (cont.) • Maximum side and rear setback of 4 feet; none required for conversions of existing legal accessory structure or garage in same location • City must allow garage conversions and no replacement parking if garage is removed/converted to create AD U • No owner -occupancy requirement allowed through January 1, 2025 ADU LEGISLATION 2019 Legislation: AB 881 (cont.) • Limits on maximum unit sizes (must allow): • Studio and one -bedroom: 850-sf • More than one bedroom: 1000 sf • Where percentage based (e.g. 50% existing building area), 850 sf minimum still applies • Maximum unit sizes • Attached: 50% of primary dwelling • Detached: 1200 sf ADU LEGISLATION 2019 Legislation: AB 881 (cont.) • Four types of ADUs must be approved (ministerial) 1. ADU within existing/proposed SFD 2. Detached ADU: 800 sf max; 16 feet in height; minimum 4 -foot setback from side and rear (JADU also allowed within SFD) 3. ADUs in non -habitable spaces (including garages) within MFDs; up to 25% of existing units 4. Two detached ADUs on MFD lot: 16 -foot maximum height; minimum 4 -foot setback from side and rear ADU LEGISLATION 2019 Legislation: AB 68 • Relates to Junior ADUs (JADUs) • JADU is within an SFD. Area of 500 sf or less, must have kitchen facilities, may share bathroom • Owner must reside in either JADU or primary dwelling ADU LEGISLATION 2019 Legislation: SB 13 and AB 670 • SB 13: Allows for 5 -year deferral for building code violations that are not health and safety issues (sunsets 1.1.30) • AB 670: CC&Rs for lots zoned for SFDs may not prohibit or unreasonably restrict ADUs or JADUs ADU LEGISLATION 2020 Legislation: AB 3182 • Effective January 1, 2021 • Attempted to reconcile various 2019 legislation • Added "deemed approved" clause to 60 -day ministerial clock • Must allow 1 ADU and 1 JADU, subject to requirements • Clarified owner -occupancy limits for SFD lots • Further limited HOAs authority to regulate issues such as limiting rental or leasing within their jurisdiction ADU HISTORY IN SEAL BEACH Since initial ADU legislation in 2016, the City has: • Approved 1 ADU (under construction) • 3 ADUs are in plan check ADU DEVELOPMENT STANDARDS Structure of New Standards • Intent • ADU Standards • JADU Standards • State -compliant and General Development Standards ADU DEVELOPMENT STANDARDS Design and Development • Types of ADUs 1. Attached 2. Detached 3. Conversion • Depending on type, some impacts may vary. Where allowed, some requirements may vary based on type of ADU and its potential impacts (e.g. size, setbacks, etc.) ADU DEVELOPMENT STANDARDS Design and Development ATTACHED DETACHED CONVERSION ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Number of ADUs 1. SFD*: 1 ADU and 1 JADU 2. MFD: • Conversion: 25% of total units in MFD; must be conversion of non -livable space (includes garages); minimum of 1 ADU allowed; JADUs not allowed; and • Detached: 2 ADUs permitted * Note: Duplex considered SFD for purpose of determining number of ADUs/JADUs ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Size of ADUs 1. Minimum (must allow) / Maximum Sizes 2. Based on type of ADU (attached or detached) and number of bedrooms • 1 or fewer bedrooms: Must allow at least 850 sf • More than 1 bedroom: Attached: 1000 sf or 50% of SFD whichever is SEAL Number = Size 0 Requirement SFD 1 ADU Attached — 1,000 SF* New structures, additions, and o (or 50% of existing conversions within a single -single - dwelling whichever is family dwelling or accessory structure greater) • Detached — 1,200 SF • Conversions — Within confines of the existing building 1 JADU Interior— 500 SF Within confines of the existing building MFD 2 ADU** Detached - 800 SF New detached structures and • Conversions — Within confines of conversion within non -livable spaces the existing building Within confines of the existing building ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Setbacks 1. Per state: maximum allowed setback of 4 feet for side/rear, (proposed) less where allowed per zoning (e.g. 3 feet side setback allowed in Old Town/Surfside) 2. Where state law silent, setbacks proposed to match existing zoning for corner lots and second floor/2-story ADUs 20 Minimum Setback Requirement Conversions Setback of the Conversion of any portion of the existing structure existing structure ADU construction in the same location and to the same dimensions as an existing structure Single -story ADUs Front — Per district ADUs on a corner lot may retain the setback of the Side (int) — 4 feet* existing home (e.g., legal non -conforming side Side (ext) — 10 feet* setback) or 10 feet, whichever is less Rear — 4 feet Second -floor or Front — Per district Setbacks are the same as the underlying zone two-story ADUs Side (int) — 4 feet* Side (ext) — 10 feet* Rear — 4 feet Rear (abutting alley) — Max. 4.5 ft. overhang Distance between 6 feet Distance from ADU to primary dwelling unit or any structures accessory structures (e.g., detached garage) 20 ADU DEVELOPMENT STANDARDS Design and Development (cont.) 0 Height 1. 1 -story: 16 feet (not to exceed height of existing SFD) 2. 2 -Story: Per zoning district 3. Combination of setback/height standards for 2nd floor ADUs will preserve the character and scale of established neighborhoods consistent with existing 2 -story structures allowed by right in all residential neighborhoods ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Open Space 1. Must allow ADU of at least 800 sf 2. Proposed standards maintain existing open space requirements, except to allow ADU of 800 sf • Larger ADUs are allowed up to the lesser of 1) open space limit or 2) ADU maximum size ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Objective Design Standards 1. ADU must have the same design, materials, finish and colors as main residential structure(s) 2. Complimentary design and materials (rather than the same) would be allowed through approval of an MUP ADU DEVELOPMENT STANDARDS Design and Development (cont.) • Zoning Districts where ADUs/JADUs Permitted 1. ADUs • Permitted in any zone that allows residential uses (includes MFD and mixed-use zones) • Permitted in mixed-use if other residential use • Prohibited when residential N/C by zone 2. JADUs only permitted in residential zones (not mixed-use or overlays) and on a lot with one SFD ADU DEVELOPMENT STANDARDS Parking Requirements • Per state law, City cannot require parking for ADU: 1. Within �/2 mile of transit or bus stop 2. In historic district 3. ADU is within primary residence (conversion/JADU) 4. Street w/parking permits, if ADU occupant doesn't receive permit 5. Car share located with one block of ADU No parking required forADU within'/2 mile of transit stop • Bus Stop '/2 Mile Radius ADU DEVELOPMENT STANDARDS Parking Requirements (cont.) • Per state law, City cannot require replacement parking lost to create an ADU when: 1. Existing garage is converted 2. Existing carport is converted 3. Covered parking structure is demolished to be replaced with ADU or converted to an ADU • Proposed standards attempt to incentivize maintenance of parking by allowing larger units and ADUs above preserved garages ADU DEVELOPMENT STANDARDS Other Requirements • Ministerial Approval: Must be approved within 60 days • Location: Now allowed in Old Town and Surfside • Development Standards: To extent allowed (very limited), zoning district standards still apply. Fire sprinklers only required is required for main residential structure ADU DEVELOPMENT STANDARDS Other Requirements (cont.) • Operational Standards • Maintain existing provisions except where now prohibited: 1. Ordinance will now allow ADUs in all zones which allow residential uses on any lot with existing/proposed residential use 2. No minimum lot size 3. No owner -occupancy requirement through -_--- 1.1.25 (required for JADUs) CEQA Staff has determined: • ZTA 21-1 is statutorily exempt from review under CEQA (Sec. 15282(h)) RECOMMENDED ACTION The Planning Commission considered ZTA 21-1 on May 17, 202 1, and voted 4-1 to recommend City Council approval RECOMMENDED ACTION Staff recommends the City Council: Introduce for First Reading, by title only, 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. Item O xt Amendment 21-1 pry Dwelling Units (ADUs) City Council July 26, 2021