HomeMy WebLinkAboutCC Ord 1699 2022-10-24ORDINANCE 1699
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 11.4.05.115 OF CHAPTER 11.4.05 OF PART IV OF 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. Pursuant to California Government Code Sections 65852.2, 65852.22 and
65852.26, California law allows cities to provide by ordinance for the creation of accessory
dwelling units ("ADUs") and junior accessory dwelling units ("JADUs") in single-family and
multifamily residential zones, subject to specified criteria, but since 2020 has increasingly limited
the scope of development standards that cities may impose on this type of housing based on the
State's determination that ADUs and JADUs provide a source of affordable housing to assist in
remedying the State's severe housing crisis.
Section 2. Procedural Findings. The City Council of the City of Seal Beach does
hereby find, determine, and declare that:
A. On August 9, 2021, the City Council adopted Ordinance 1690, amending the
standards applicable to ADUs and JADUs in accordance with the requirements of the California
.. Planning and Zoning Law.
B. In accordance with Government Code Section 65852.2(h)(1), the City submitted
Ordinance 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 1690 with recommendations for modifications to
the Ordinance.
C. The City has considered the comments received from the California Department of
Housing and Community Development, and prepared revisions to the ADU Ordinance.
D. On September 19, 2022, 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.
E. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution 22-14, recommending approval of
this Ordinance by the City Council.
F. The City Council, at a regular meeting, considered this Ordinance on October 10,
2022, 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.
G. 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.
Section 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: U
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 L
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 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 Ordinance will continue to allow Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs) 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.
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_ 4. Policy 2a: Expand housing opportunities for households with special needs,
such as the elderly, disabled, large households, female -headed households, and the homeless.
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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.
sites that are:
6. Policy 2d: Encourage construction of low- and moderate -income housing to
• 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.
The proposed Ordinance will facilitate and incentivize the provision of a broader spectrum of
ADUs throughout all 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. 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:
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Sec. 11.4.05.115. - Accessory dwelling units.
A. Purpose and applicability. The purpose of this chapter is to implement the requirements of U
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 an existing or proposed Primary Dwelling and shares I
a common wall with the Primary Dwelling." u
3) "Detached accessory dwelling unit" or "detached ADU" means an ADU that is
constructed as a separate structure from 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 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.
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) "Multifamily Dwelling," for purposes of this section only, means a property containing
two (2) or more attached dwelling units. Multiple separate single-family residential
structures on the same lot do not qualify as a multifamily 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 U
improvement on a property that does not conform with current zoning standards.
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9) "Primary Dwelling," for purposes of this section only, means the existing or proposed
^" single-family dwelling or multifamily dwelling on the lot where an ADU would be
located.
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10) "Public transit," has the meaning ascribed in Government Code Section 65852.20), 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. A 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 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 ADUs.
1) 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, to create any of the following:
a) ADU and JADU within 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:
The JADU is within the proposed space of a single-family dwelling of
existing space of a single-family dwelling (including any attached garage).
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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) u
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. The ADU has an exterior access from the proposed or existing single-family
dwelling.
iv. The side and rear setbacks are sufficient for fire and safety.
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 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 (D)(1)(a) of this section.
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):
(i) 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
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(ii) 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 structures on the same lot do not qualify as a multi -family
dwelling.
2) 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.
3) 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.
1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of
Zoning Conformance Review and a building permit shall be required in accordance
with this subdivision.
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 and approved by the Building Official or designee.
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
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.
5) 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.
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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 discretionary review or a
public hearing, following action on the portion of the project subject to discretionary
review.
7) 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 ADUs. Except those ADUs approved pursuant to subsection(D)(2) of this
section (Statewide Exemption ADUs), 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.
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 1,000 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. j
in
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 (17)(2)(a)(iii), 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, 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. A newly constructed ADU shall have the same design, 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.
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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,
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) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (E)(3),
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.
b) 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:
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.
c) 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. 1
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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:
1) A JADU shall be a minimum of 150 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 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 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:
I) Except as otherwise required by Government Code Section 65852.26, 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
I) 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.
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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.
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's "General Guidelines for Creating Defensible Space."
Section 5. 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 I 1 (Zoning) is hereby amended to read as follows: 4
2. Exception for Surfside. Maximum building height for residential structures, including U
accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building Height
Limit.
Section 6. 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:
Section 7. 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
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RLD
RNID
I RHD
lAdditional Regulations
Residential Use Types
Single -Unit Residential
P
P
P
See Section 11.4.05.100
Accessory Dwelling_Unit
P
P
P
See Section 11.4.05.115
Two -Unit Residential (Duplex)
—
P
P
Multiple -Unit Residential
—
P
P
See Section 11.4.05.110
Section 7. 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
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("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 Areas . t.
Junior
150
150
150
150
150
150
No
Accessory
L-1
Porches
Yes
Yes
Dwelling
K
Unit
Section 8. 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:
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 in accordance with Section 11.4.05.115 of this title.
Section 9. 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 Accessory Dwelling Units, shall be
35 feet, as measured from the crown of Surfside Avenue at the center of the subject property.
Section 10. 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
PM14 follows, with all other portions of Table 11.2.05.015.A.4 remaining the same:
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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 in accordance with Section 11.4.05.115 of this title.
Section 9. 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 Accessory Dwelling Units, shall be
35 feet, as measured from the crown of Surfside Avenue at the center of the subject property.
Section 10. 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
PM14 follows, with all other portions of Table 11.2.05.015.A.4 remaining the same:
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"SURFSIDE MINIMUM UNIT SIZES
Unit T e
Minimum Unit Sizes . ft.
Primaa dwelling unit
750
Efficiency Accessory Dwelling Unit
150
1 -Bedroom Accessory Dwelling Unit
400
2 or more Bedroom Accessory Dwelling Unit
600"
Section 11. 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.
Section 12. 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,
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.
Section 13. 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, accessory dwelling units, and two -unit dwellings are exempted.
Section 14. 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) of Part IV (Regulations Applying Some or All Districts) of Title 11 (Zoning) is
hereby amended to read as follows:
2. 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
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11.4.05.115: Residential Uses, Accessory Dwelling Units in Chapter 11.4.05: Standards for
Specific Uses.
Section 15. 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, accessory dwelling units, or two -unit dwellings.
Section 16. 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 Use
Existing Land Use
Minimum Buffer
Required Screening
on Project Site
on Adjacent Lot
Yard Width ft.
Wall Height ft.
Commercial Use,
Residential Use;
10
8
Mixed -Use Use
Residential Care
Facility; Park and
Recreation Facility;
Day Care Center
Light Manufacturing
Residential Use;
20
10
Use
Residential Care
Facility; Park and
Recreation Facility;
Day Care Center
Public and Semi-
Residential Use
5
6
Public Uses
Multiple-
Single -Unit
5
7
Unit Residential;
Dwelling; Single -
Transitional Housing;
Unit Dwelling with
Senior Housing with
Accessory Dwelling
3 or more units on a
Unit; or Two -
lot; Group Housing;
Unit Dwelling"
Residential Care
Facility; Large
Family Day Care
Section 17. 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)
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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: 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;
❑ Structures such as workshops, studios, home offices;
❑ 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. U
Accessory Living Units: See Section 11.4.05.115: Residential Uses, Accessory Dwelling Units
in Chapter 11.4.05: Standards for Specific Uses.
Attached Accessory Dwelling Unit (or attached ADU): As defined in Section 11.4.05.115:
Residential Uses—Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.
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 11.4.05: Standards for Specific Uses.
Detached Accessory Dwelling Unit (or detached ADU): 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.
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^, This definition includes the following detached accessory structures, and other similar
structures normally associated with a residential use of property:
❑ Barbecue islands
❑ Detached fireplaces
❑ Garages
❑ Gazebos
❑ Greenhouses (non-commercial)
❑ Patio covers
❑ Spas, hot tubs, and saunas
❑ Storage sheds
❑ Studios
❑ Swimming pools
❑ Tennis and other on-site courts
❑ 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.
Does not include: accessory dwelling units, which are separately defined; (see Section
11.4.05.115: Residential Uses - 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).
Section 18. 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
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.
-17-
Section 19. Submittal of Ordinance. The Community Development 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 20. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word,
or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Section 21. 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 22. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the
10th day of October, 2022.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held
on the 24th day of October, 2022.
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
APP O FORM:
aig A. Steele, City Attorney
e almick, Mayor
-18-
...
r,.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
Ordinance was introduced for first reading at a regular meeting of the City Council of the City of
Seal Beach held on the 10`h day of October 2022, and was passed, approved, and adopted by the
City Council at a regular meeting on the 24th day of October, 2022.
a� //,--/
Gloria D. Ha r, City erk
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m
U
0