HomeMy WebLinkAboutPC Res 22-14 - 2022-09-19 RESOLUTION NO. 22-14
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 22-2 REGARDING ACCESSORY
DWELLING UNITS AND RELATED DEVELOPMENT
STANDARDS (ZONE TEXT AMENDMENT 22-2)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
WHEREAS, on August 9, 2021, the City Council adopted Ordinance No. 1690,
amending the standards applicable to Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs) in accordance with the requirements of the California
Planning and Zoning Law; and
WHEREAS, in accordance with Government Code Section 65852.2(h)(1), the City
submitted Ordinance No. 1690 to the California Department of Housing and Community
Development for review and comment; and on April 8, 2022, the California Department
of Housing and Community Development provided comments on Ordinance No. 1690
with recommendations for modifications to the Ordinance; and
WHEREAS, the City has considered the comments received from the California
Department of Housing and Community Development, and prepared revisions to the ADU
Ordinance; and
WHEREAS, Staff has identified areas of the current standards applicable to ADUs
and JADUs that require amendment to be compliant with California Government Code
65852.2 and 65852.22 and to clarify standards; 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 regarding accessory dwelling units 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 September 8, 2022,
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 September 19, 2022, the Planning Commission held the duly
noticed public hearing where interested persons had an opportunity to testify in support
of, or opposition to, the proposed amendments.
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 (now called accessory dwelling units) in
residential and mixed-use zones.
Section 2. Required findings for Zone Text Amendment 22-2. In accordance with
Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required
for legislative acts. Notwithstanding this general rule, the City Council shall make any
environmental findings required pursuant to Chapter 11.5.35: Environmental Review, and
determine whether the proposed action is consistent with the general plan and any
applicable specific plan. 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 22-2:
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 lh: Accessory Dwelling Units: Accessory dwelling units (ADUs) can
provide affordable housing options for a wide range of household types, many
of which may have very low- or extremely low- incomes. The City will continue
to encourage ADU production consistent with State law, which shall include:
1. Revisions and updates to the City's adopted ADU Ordinance as needed for
consistency with State law; and
2. Website updates to explain the permitting process in simplified terms,
and offer direction to the resources offered through the State and other
agencies as applicable.
The proposed amendments will bring the Ordinance into consistency 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.
Finding 2. Environmental findings required pursuant to Chapter 11.5.35.
As set forth in Section 2, above, environmental findings are not applicable because
the Ordinance is exempt from 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 (now called
accessory dwelling units) in residential and mixed use zones
Section 3. On September 19, 2022, the Planning Commission held a duly noticed public
hearing to consider Zone Text Amendment 22-2, 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 22-2.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on September 19, 2022 by the following vote:
AYES: Commissioners MILLER, THOMAS, KLINGER. MASSETTI
NOES: Commissioners CAMPBELL
ABSENT: Commissioners
ABSTAIN: Commissioners
Steve Miller
ATTES . Chairperson
Alexa Smittle
Planning Commission Secretary
ATTACHMENT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 22-2
DRAFT
ACCESSORY DWELLING UNIT ORDINANCE
[proposed additions highlighted;
proposed deletions marked by strike-ouut3]
Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for
Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) 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. Terms and
phrases not defined in this section shall have the meaning ascribed to them in Section
11.6.05.010. In the event of any conflict or inconsistency between these definitions and
the definitions contained in Section 11.6.05.010 or any other provisions of this code, the
following definitions shall take precedence.
1) "Accessory dwelling unit or ADU means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one (1) 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 primary 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,
2) "Attached accessory dwelling unit" or "attached ADU" means an ADU that is
constructed within or attached to as a physical expansion (i.e. addition) of the an
existing or proposed Primary Dwelling and shares a common wall with the Primary
Dwelling."
3) "Detached accessory dwelling unit" or "detached ADU" means an ADU that is
constructed as a separate structure from the an existing or proposed Primary Dwelling,
which does not share any walls with the Primary Dwelling_
4) "Existing structure" means an existing single-family dwelling, multifamily
dwelling, or ether 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.
5) "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.
-•- -•- ' •- 9 -
6) "Mixed use,"for the purposes of this section only, means property within a mixed
use zone identified within Chapter 11.2.10 of the Municipal Code where residential
uses are permitted by-right or by conditional use.
7) "Multi f mi l y Multifamily Dwelling,"for purposes of this ellapter-section only, means
a property containing three two OD or more attached dwelling units. Multiple separate
single-family residential structures on the same lot do not qualify as a multi-fy
multifamily btlikling,dwelling.Single-family dwellings with an ADU, JADU, or both
do not qualify as a multifamily dwelling.
8) "Nonconforming zoning condition," for purposes of this section only, means a
physical improvement on a property that does not conform with current zoning
standards.
9) "Primary Dwelling," for purposes of this chapter section only, means the existing or
proposed single-family dwelling or duplex multifamily dwelling on the lot where an
ADU would be located.
10)"Public transit;" .- .. - . - - , has the meaning ascribed in Government
Code Section 65852.2(j), as the same may be amended from time to time.
11) "SB 9" or "Senate Bill 9" means Government Code Section 65852.21(b) and
66411.7(c), as adopted by Senate Bill 9, Chapter 162,Stat. 2021, as the same may be
amended from time to time.
12)Statewide Exemption ADU" means an ADU allowed by right pursuant to
Government Code Section 65852.2(e).
C. Permits Required. In addition to other requirements of this section, all accessory
dwelling units and junior accessory dwelling units shall be subject to the following
ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory
dwelling units consistent with the requirements of this section are allowed by-right
on a lot that is zoned to allow single family use or multifamily residential use. _4
JADU shall only be allowed within an existing or proposed single family dwelling.
An application for zoning conformance review shall be submitted to the Community
Development Department on the City-approved form concurrently with the building
permit application, for confirmation of single-family or multifamily zoning by the
Director or designee.
2) Building Permit. A Building Permit application is required to be filed with the
Building and Safety Division. Approval of a building permit is required for
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construction of an ADU, and all accessory dwelling units and junior accessory
dwelling units shall comply with all applicable Building Code requirements.
3) Illegal construction.An ADU or JADU may not be constructed within or attached to
a structure or building that was illegally constructed in violation of this code or any
prior code. For lawful nonconforming zoning conditions, see Subdivision D.3.
D. Statewide Exemption ADUsL :• ' . •• .. - . • . •-
Development Director for an ADU or JADU that satisfies the requirements of
subsection C(2) of this section (Government Code Section 65852.2(c)(1), as the same
Title 8, Building and Construction, of the Seal Beach Municipal Code. A Building
a Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance
Review,the City shall ministerially approve an application for a building permit within
a residential or mixed use zone on a lot that is zoned to allow single family or
multifamily residential use, to create any of the following:
a) ADU and JADU within Primary Single-Family 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 (including any attached
garage) - . - . . - . -- .. : - .. -
- - -- --- -- - - -
dares-.
ii. The ADU is within the proposed space of a single-family dwelling or
existing space of a single-family dwelling(including any attached garage)
or accessory structure, and may include an expansion of not more than
150 square feet beyond the same physical dimensions of the existing
accessory structure.An expansion beyond the physical dimensions of the
existing accessory structure shall be limited to accommodating ingress
and egress.ADUs constructed within the footprint of a proposed space of
a single-family dwelling, existing space of a single-family dwelling
(including any attached garage) or existing space of an accessory
structure shall not be subject to a maximum square-footage of living area.
iii. -- - . D - ' . . - . . . • ! -
. -- . . .. . . - ' _ The
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ADU has an exterior access from the proposed or existing single family
dwellinj.
iv. The side and rear setbacks are sufficient for fire and safety.
v. 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 ADU for Primwy Single-Family 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)(D)(1)(a) of this section.
i. The ADU shall be no more than 800 square feet in size.
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) ! _ ' - . -' • --. • ADUs on Parcel with Existing Multifamily
Dwelling. A property owner may be allowed to develop ADUs on a lot in
accordance with only one of the following two categories (i or ii):
al (e 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, within non-
livable space, but the total number of ADUs allowed shall not exceed
- .. • - , . _. ..:. • 25 percent of the existing
multifamily dwelling units in the structure. or
(ii) id) 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 single-family resinstructures on the same lot do not
qualify as a multi-family building dwellinf.
- =• - - , - -• - • - - - - - -• - , , - -
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•
multi family building.
21 Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single-
family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or
proposed ADU or JADU shall count toward the maximum two units allowed on each
lot resulting from the lot split.
.11 Lawful Nonconforming Conditions. The City shall not require, as a condition of
ministerial approval of a permit application for the creation of an ADU or JADU,
the correction of nonconforming zoning conditions.
E. ADUs not subject to Statewide Exemption. ' : • - .
Pursuant to Government Code Sections 65852.2(a) through (d), for an An accessory
Director for an ADU that does not satisfy the requirements of subsection (C)(2)l/22L
approval of Zoning Conformance Review and a building permit shall be required in
accordance with of this seetiee subdivision. - . - . . . .. • .
provided by the Planning Department, shall be accompanied by the filing fee as
b) Completed Owner's Affidavit.
c) Assessor's parcel number(s)of the property.
. . - - . . . - -- . . . . .. . . . - , . .
fences.
•
tanks, leach lines, seepage pits, drainage structures, and utilities.
. -, . , . . -- . .. . ... , - .. .
•
•
Ovate.
v. Setbacks.
•
- , . , . . .. _ . . - .
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vii. Panoramic color photographs showing the property from all sides and
viii. A description of architectural treatments proposed for the ADU.
•
. . ► .
well:
f) Elevations. For an attached ADU, the plans must include the Primary Dwelling aJ
well.
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 and approved by the Building Official or designee.
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.
The Community Development Director shall ministerially review and approve an
application_for Zoning Conformance Review of a proposed
ADU, 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.
Accessory dwelling unit applications for Zoning Conformance Review and building
permit review subject to ministerial approval shall be processed within the timelines
established by California Government Code Section 65852.2. The City shall act upon
the : - - - - _ . - Zoning Conformance Review and building 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 on Zoning Conformance Review shall be final.
The building permit application shall be reviewed in accordance with the Building
Code.
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 discretionary review or a
public hearing, following action on the portion of the project subject to discretionary
review.
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Lot Split under SB 9. In the event that a property owner in a single-family zone
obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed
ADU or JADU shall count toward the maximum two units allowed on each lot
resulting from the lot split.
F. Standards for AD Us. Except those ADUs approved pursuant to subsection (-C-)(D)(2) of
this section(Statewide Exemption ADUsi S .• - -_ '- --- • .. . . ! - •- ),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 - - - !°. . -- '
•. . -- ' • - . 850 square feet in gross floor area if it
contains one or fewer bedrooms or 1,0001,� square feet in gross floor
area if more than one bedroom, whichever is less. 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.
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 newly constructed detached ADU shall not exceed 16 feet in
height, and a newly constructed attached ADU shall not exceed the height of the
Primary Dwelling to be attached to, or 16 feet, whichever is greater. A detached
ADU may be constructed above an existing detached accessory structure
including detached garage subject to the height limits of the underlying zone, and
the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a
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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, 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) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of
Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the
Same Lot), the minimum distance between a detached ADU and the primary
dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall
be measured from the nearest point of any portion of the ADU to the primary
dwelling. Notwithstanding the foregoing, this provision shall not preclude
construction of an ADU that is at least 800-square feet in size.
e) 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. Exception: If compliance with this lot coverage standard would preclude
the development of an 800 square-foot ADU, the maximum size of the ADU shall
be 800 square feet.
f) Design. The A newly constructed ADU shall have the same design, architecture,
colors and materials and architectural details (including windows and roof pitch)
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.
g) Exterior access. An ADU shall have a separate exterior access. An ADU above a
detached garage may be accessed by an exterior staircase.
h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the
Primary Dwelling.
i) 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,
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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:
Except as otherwise provided in subparagraph (b) and (c) of this Subsection
(E)(3), in If} 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+.
Exception.If an ADU does not exceed the lesser of either 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, an additional off-street parking space is not
required for such ADU if any of the following provisions are met:
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
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.
a 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, campers, camping trailers and mobile/motor
homes.
G. 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:
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1) A JADU shall be a minimum of 22$1 50 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. For purposes of this subsection, an attached garage is considered
to be within the walls of the existing or proposed single-family dwellinj.
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 meet the requirements of
Government Code Section 65852.22.
6) No additional parking is required for a JADU.
H. 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) Except as otherwise required by Government Code Section 65852.26, the 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.
I. 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, unless the local water and sewer service provider
requires a new or separate utility. 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:
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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
- - .. •_ . - . . _ •
. -- • ._ *
. . - •
J. 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 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':,State's "General Guidelines for Creating Defensible Space."
Subparagraph 2 (Exception for Surfside) of Subdivision A (General) of Section
11.1.15.025 (Measuring Height) of Chapter 11.1.15 (Rules of Measurement) of Part I (General
Provisions) of Title 11 (Zoning) is hereby amended to read as follows:
"2. Exception for Surfside. Maximum building height for residential structures, including
second accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building
Height Limit."
Table 11.2.05.010 (Use Regulations – Residential Districts) of Chapter
11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning) of the Seal
Beach Municipal Code is hereby amended to replace the term "Second Unit" with "Accessory
Dwelling Unit" as follows, with all other portions of Table 11.2.05.010 remaining the same:
RLD RMD RHD Additional Regulations
Residential Use Types
Single-Unit Residential P P P See Section 11.4.05.100
Second Accessory DwellinL.Unit P P P See Section 11.4.05.115
Two-Unit Residential (Duplex)
Multiple-Unit Residential — P P See Section 11.4.05.110
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Minimum Floor Area of Table 11.2.05.015(Development Standards for Residential
Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of
Part II(Base District Regulations)of Title 11 (Zoning)of the Seal Beach Municipal Code is hereby
amended to modify the minimum floor area for Junior Accessory Dwelling Units ("JADUs") to
be 150 square feet,consistent with state law as follows,with all other portions of Table 11.2.05.015
remaining the same:
Minimum Floor Area(sq.ft.)
Junior 220 150 220 150 220150 220150 29150 220150
Accessory
Dwelling
Unit
Building Design of Table 11.2.05.015 (Development Standards for Residential
Uses) of Section 11.2.05.015 (Development Standards) of Chapter 11.2 (Residential Districts) of
Part II(Base District Regulations)of Title 11 (Zoning)of the Seal Beach Municipal Code is hereby
amended to modify the prohibition on Exterior Stairways to allow exterior stairways for access to
accessory dwelling units and JADUs as follows, with all other portions of Table 11.2.05.015
remaining the same:
"Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1
Porches Yes -- -- Yes -- -- (K)
L-1: 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 Cali 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 #1: 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. Exception #2: Exterior stairways may be
permitted on a residential lot to provide ingress and egress to an accessory dwelling unit or
junior accessory dwelling unit constructed iii accordance with Section 11.4.05.115 of this title."
Subparagraph 3 (Building Height) of Subdivision A (Standards for
Surfside) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential
Districts) of Part II (Base District Regulations)of Title 11 (Zoning) is hereby amended to read as
follows:
"3. Building Height Limit. Not subject to 2-story maximum set by Table 11.2.05.015.
Maximum building height for residential structures, including Seeend-Accessory Dwelling Units,
shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject
property."
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Table 11.2.05.015.A.4 of Section 11.2.05.015 (Development Standards)
of Chapter 11.2 (Residential Districts) of Part II (Base District Regulations) of Title 11 (Zoning)
of the Seal Beach Municipal Code is hereby amended with respect to the minimum floor area for
accessory dwelling units that are efficiency second dwelling units, consistent with state law as
follows,with all other portions of Table 11.2.05.015.A.4 remaining the same:
"SURFSIDE MINIMUM UNIT SIZES
Unit Type Minimum Unit Size(sq. ft.)
Primary dwelling unit 750
Efficiency Second Accessory Dwelling Unit 229150
1-Bedroom Second Accessory Dwelling Unit 400
2 or more Bedroom Second Accessory 600"
Dwelling Unit
The first paragraph of Section 11.4.05.100(Residential Accessory Uses,Structures,
and Vehicle Parking) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations
Applying in Some or All Districts) is hereby amended to read as follows, with the balance of
Section 11.4.05 remaining unchanged:
"This section provides standards for residential accessory uses, structures, and vehicle parking
allowed in the zoning district applicable to a parcel (see Table 11.2.05.015: Development
Standards for Residential Districts). Accessory uses include any use that is customarily related to
a residence, including carports, garages, greenhouses, storage sheds, studios, above ground
swimming pools/spas, and workshops; but excludes Accessory Dwelling Units and Junior
Accessory Dwelling Units."
Subdivision B (Other Parking Reductions) of Section 11.4.20.020 (Parking
Reductions) of Chapter 11.4.20 (Off-Street Parking and Loading) of Part IV (Regulations
Applying in Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows:
"B. Other Parking Reductions. Required parking for any use except a single-unit dwelling,
seeend-unit accessory dwelling unit, or two-unit dwelling may be reduced through approval of a
conditional use permit pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020:
Required Findings."
Subdivision H (Direction of Vehicle Ingress/Egress) of Section 11.4.20.025
(General Parking Design Standards"of Chapter 11.4.20 (Off-Street Parking and Loading) of Part
IV Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended
to read as follows:
"H. Direction of Vehicle Ingress/Egress. Off-street parking areas shall allow vehicles to enter
and exit from or onto a public street by a forward motion only. Off-street parking areas for single-
unit dwellings,seeend-units-accessory dwelling units, and two-unit dwellings are exempted."
Subparagraph (2) (Second Unit) of Subdivision (A) (Residential Housing Types)
of Section 11.4.85.015 (Residential Use Classifications) of Chapter 11.4.85 (Use Classifications)
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of Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is hereby amended
to read as follows:
"2. Sesend—Unit-Accessory Dwelling Unit. An attached or detached accessory residential
dwelling unit per state law that provides complete independent living facilities for one or more
persons and is located on the same lot as a primary, single-family dwelling. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the
primary dwelling. See Section 11.4.05.115: Residential Uses, Accessory Dwelling Units in
Chapter 11.4.05:Standards for Specific Uses."
Subparagraph(1)of Subdivision(A)(Applicability)of Section 11.4.30.040(Buffer
Yards) of Chapter 11.4.30 (Landscaping and Buffer Yards) of Part IV (Regulations Applying in
Some or All Districts) of Title 11 (Zoning) is hereby amended to read as follows, and all other
provisions of Section 11.4.30.040 shall remain the same:
"2. Redevelopment or expansion of existing development by 15%or more of existing floor
area, except for new construction of single units,ssser:El-wilts-accessory dwelling units, or two-
unit dwellings."
Table 11.4.30.040.A (Required Buffer Yards) of Section 11.4.30.040.0 (Required
Buffer Yards--Minimum Dimensions and Standards)of Chapter 11.4.30(Landscaping and Buffer
Yards) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) is hereby
amended to read as follows:
"Table 11.4.30.040.A
REQUIRED BUFFER YARDS
Proposed Land Existing Land Use on Minimum Buffer Required
Use on Project Site Adjacent Lot Yard Width (ft.) Screening Wall
Height (ft.)
Commercial Use, Residential Use; 10 8
Mixed-Use Use Residential Care Facility;
Park and Recreation
Facility; Day Care Center
Light Residential Use; 20 1()
Manufacturing Use Residential Care Facility;
Park and Recreation
Facility; Day Care Center
Public and Semi- Residential Use 5 6
Public Uses
Multiple- Single-Unit Dwelling; 5 7
Unit Residential; Single-
Transitional Unit Dwelling with Seeend
Housing; Senior Accessory Dwelling Unit;
Housing with 3 or or Two-Unit Dwelling"
more units on a lot;
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Group Housing;
Residential Care
Facility; Large
Family Day Care
Section 11.6.06.010 (Definitions of Specialized Terms and Phrases), of Chapter 11.6.05
(Terms and Definitions) of Part VI (Terms and Definitions)of Title 11 (Zoning)of the Seal Beach
Municipal Code is hereby amended to repeal the definition of"second dwelling unit"and to amend
the definitions of"accessory dwelling unit," "accessory residential structure," "accessory living
units", "attached accessory dwelling unit," "accessory structure (or building)," "detached
accessory dwelling unit," "residential accessory use or structure," as follows, with all other
definitions remaining the same:
"Accessory Dwelling Unit or ADU: . . . - . . . . - . - '. -_ . -• •
also includes efficiency units, as defined in Section 1795$.1 of Health and Safety Code, and
. . - - - - • • :!e -- . . _. - .. . -- As defined
in Section 11.4.05.115: Residential Uses—Accessory Dwelling Units in Chapter 11.4.05:
Standards for Specific Uses.
Accessory Residential Structure: a building or other structure on the same parcel as a single-
family dwelling that does not alter the single-family residential character of the dwelling or the
site. Allowable accessory residential structures include:
Enclosures such as arbors and gazebos;
I Structures such as workshops, studios, home offices;
I Detached garages and other storage buildings; and
Private residential recreational facilities such as swimming pools and sport courts.
For accessory dwelling units, see Section 11.4.05.115: Residential Uses, Accessory
Dwelling Units in Chapter 11.4.05: Standards for Specific Uses._See also Section 11.4.05.100:
Residential Accessory Uses, Structures, and Vehicle Parking in Chapter 11.4.05: Standards for
Specific Uses."
Accessory Living Units: See Section 11.4.05.115: Residential Uses,Seeend Accessory Dwelling
Units in Chapter 11.4.05: Standards for Specific Uses.
Attached Accessory Dwelling Unit (or attached AD U): a new or existing second unit that
1 or more common walls. As defined in Section 11.4.05.115: Residential Uses Accessory
Dwelling Units in Chapter 11.4.05:Standards for Specific Uses.
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Accessory Structure (or Building): a building, part of a building, or structure that is detached
from the principal structure or building on a site, and with a use that is incidental to the principal
building. Examples include, but are not limited to, detached garages, detached decks, storage
buildings, woodsheds, workshops and gazebos. "Accessory Structure (or building) shall not
include an accessory dwelling unit as defined in Section 11.4.05.115: Residential Uses—
Accessory Dwelling Units in Chapter 11.9.05:Standards for Specific Uses."
Detached Accessory Dwelling Unit(or detached ADU): . •• . • - - . - . --- • -
nye. As defined in Section 11.4.05.115: Residential Uses Accessory Dwelling Units in
Chapter 11.4.05:Standards for Specific Uses.
Residential Accessory Use or Structure: any use and/or structure that is customarily a part of,
and clearly incidental and secondary to a residence, and does not change the character of the
residential use. See Section 11.4.05.100: Residential Accessory Uses and Structures in Chapter
11.4.05: Standards for Specific Uses.
This definition includes the following detached accessory structures, and other similar
structures normally associated with a residential use of property:
O Barbecue islands
0 Detached fireplaces
❑ Garages
❑ Gazebos
❑ Greenhouses (non-commercial)
0 Patio covers
❑ Spas, hot tubs, and saunas
❑ Storage sheds
❑ Studios
O Swimming pools
❑ Tennis and other on-site courts
0 Workshops
Also includes the indoor storage of automobiles (including their incidental restoration and
repair), personal recreational vehicles and other personal property, accessory to a residential use.
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Does not include: second units accessory dwelling units, which are separately defined;
- • - , .• • - • - - - - - - -- - - • . - - - - • (see Section 11.4.05.115:
Residential Uses - Second Dwelling Units Accessory Dwelling Units in Chapter 11.4.05:
Standards for Specific Use); or home satellite dish and other receiving antennas for earth-based
TV and radio broadcasts (see Chapter 11.4.70: Wireless Telecommunications Facilities)."
complete independent living facilities for one or more persons. It shall include permanent
Section 11.'l.05.115: Residential Uses Second Dwelling Units in Chapter 11.1.05: Standards for
Specific Uses."
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