HomeMy WebLinkAboutPC Res 23-12 - 2023-07-17RESOLUTION NO. 23-12
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 23-1 REGARDING ACCESSORY
DWELLING UNITS AND RELATED DEVELOPMENT
STANDARDS
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE AS FOLLOWS:
WHEREAS, On October 24, 2022, the City Council adopted Ordinance No. 1699,
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. 1699 to the California Department of Housing and Community
Development for review and comment; and on February 16, 2023, the California
Department of Housing and Community Development provided comments on Ordinance
No. 1699 with recommendations for modifications to the Ordinance, primarily being the
incorporation of provisions consistent with Assembly Bill (AB) 2221, and Senate (SB) 897,
both of which went into effect on January 1, 2023; 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 become compliant with California Government
Code Sections 65852.2, 65852.22 and 65852.23, as provided in AB 2221 and SB 897,
and to clarify standards; and
WHEREAS, the Planning Commission is authorized, pursuant to Section
11.5.05.010.13 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 Community Development Department 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, 65852.22 and 65852.23; and
WHEREAS, the Community Development Department on July 6, 2023, 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 July 17, 2023, 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 23-1. 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 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 23-1:
Finding 1. The proposed amendment is consistent with the following General Plan
Goals and Policies:
Land Use Element
1 Features of the Community: A goal of the City is to maintain and promote those
social and physical qualities that enhance the character of the community and
the environment in which we live.
2. Housing: It is to be a goal of the City to preserve its low- and medium -density
residential character while still providing a wide choice of living
accommodations and lifestyles for its residents.
Housing Element
1. Goal 1: Facilitate the development of a variety of housing types for all income
levels to meet the existing and future needs of residents.
The proposed Ordinance will allow and facilitate the provision of a broader
spectrum of ADUs and hence housing types available to lower income, senior
and special needs households.
2. Pro -gram 1h: 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.
Environmental findings are not applicable because the Ordinance is exempt from
the California Environmental Quality Act (CEQA) pursuant to Public Resources
Code Section 21080.17 and CEQA Guidelines Section 15282(h).
Section 3. On July 17, 2023, the Planning Commission held a duly noticed public hearing
to consider Zone Text Amendment 23-1, which would amend Title 11 Section 11.4.04.115
of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other
minor corresponding amendments to the City's Zoning Code as set forth in the draft
ordinance included as Attachment "A."
Section 41. 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 23-1.
PASSED APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on July 17,, 2023, by the following vote:
AYES: Commissioners: Mngion, Wheeler, Coles, Campbell
NOES: Commissioners:
ABSENT- Commissioners- Mas etti
ABSTAIN: Commissioners:
Fatty Cam elt
ATTEST: Chairperson
A exp `'ittfe---
Planning Commission Secretary
ATTACHMENT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 23-1
[First Reading 8/14/23]
ACCESSORY DWELLING UNIT ORDINANCE
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:
"See. 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 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 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) "High Quality Transit Corridor" means a "high-quality transit corridor" as defined in
Section 21155 of the Public Resources Code as the same may be amended from time
to time.
6) "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.
7) "Major Transit Stop" means a "major transit stop" as defined in Section 21155 of the
Public Resources Code as the same may be amended from time to time.
8) "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.
9) "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.
10) "Nonconforming zoning condition," for purposes of this section only, means a physical
improvement on a property that does not conform with current zoning standards.
11) "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.
12) "Public transit," has the meaning ascribed in Government Code Section 65852.20), as
the same may be amended from time to time.
13)"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.
14) 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.
I ) 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
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ADU, and all accessory dwelling units and junior accessory dwelling units shall comply
with all applicable Building Code requirements.
3) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted
Structures.
a) Except as otherwise required by this Section, all construction, structural alterations
or additions made to create an ADU or JADU shall comply with current
development standards and building, electrical, fire, plumbing and mechanical
codes.
b) An ADU or JADU application shall not be denied due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety and are not affected
by the construction of the accessory dwelling unit.
c) Unpermitted ADUs constructed before 2018.
i. As required by State law, the City may not deny a permit to legalize an
existing but unpermitted ADU that was constructed before January 1, 2018,
if denial is based on either of the following grounds:
(A) The ADU violates applicable building standards, or
(B) The ADU does not comply with the state ADU law (Government
Code section 65852.2) or this Section.
ii. Exceptions:
(A) Notwithstanding subsection (c)(i) above, the City may deny a permit
to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if the City makes a finding that correcting a
violation is necessary to protect the health and safety of the public
or of occupants of the structure.
(B) Subsection (b)(i) above does not apply to a building that is deemed
to be substandard in accordance with California Health and Safety
Code Section 17920.
d) Notwithstanding any other provision of this Section, Subsections (a) through (c)
shall not operate to legalize any nonconforming conditions, Building Code
violations or unpermitted structures, and shall not prevent the City from requiring
compliance with all applicable Code provisions when reviewing an application
related to a primary dwelling unit or other accessory structure that does not include
an ADU or JADU.
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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:
i. The JADU is within the proposed space of a single-family dwelling or
existing space of a single-family dwelling (including any attached garage).
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. 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.
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 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.
L The ADU shall be no more than 800 square feet in size.
ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet
for an ADU within one-half mile walking distance of a "major transit stop"
or "high-quality transit corridor."
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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
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. For lots that are within one-half mile
walking distance of a "major transit stop" or a "high-quality transit
corridor", or for lots that have a multifamily dwelling that is also multistory,
the detached ADU is subject to a height limit of 18 feet. 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.
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 subsection.
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 Division and approved by the Building Official or designee. If demolition
of a detached garage is proposed as part of the construction of an ADU, a demolition
permit application shall be filed concurrently with the Building Division and approved
by the Building Official or designee at the same time as the building permit.
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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. Any required demolition permit shall be
processed within the same 60 -day period. 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 and any
required demolition permit application shall be reviewed in accordance with the
Building Code.
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.
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
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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.
b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in
height, except as provided in subparagraphs (i) through (iv).
L A newly constructed detached ADU shall not exceed eighteen (18) feet in
height when the lot is located within one-half mile walking distance of a
"major transit stop" or "high-quality transit corridor", as those terms are
defined by State law; and two additional feet shall be allowed if necessary
to accommodate a roof pitch in the ADU that is aligned with the roof pitch
of the primary dwelling unit.
ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in
height on a lot with an existing or proposed multistory multifamily
dwelling.
iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet
or the height limit applicable to the primary dwelling, whichever is lower.
This clause shall not require the City to allow an accessory dwelling unit to
exceed two stories.
iv. A detached ADU may be constructed above an existing detached accessory
structure including a 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 declaration of restrictions, in a form approved by the City
Attorney, agreeing to maintain the existing garage as functionally available
for parking.
c) Setbacks.
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i. 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.
ii. An ADU shall comply with all required front yard setbacks otherwise
required by the Seal Beach Municipal Code, except where the application
of the front setback regulations would not permit construction of an 800
square foot ADU with four -foot side and rear yard setbacks, except in
districts that allow lesser side setbacks, in which case the lesser shall apply.
In this exception, the ADU may encroach into the front setback only to the
extent needed to construct a maximum sized unit of 800 square feet. In the
R.LD-15 zone, where a second -floor step -back in the front is required given
the small lots and reduced setbacks of that zone, in order to maintain the
required second -floor step -back and a consistent development pattern in
that neighborhood. when an ADU is proposed on the second floor, the ADU
shall be developed above the rear portion of the primary structure and the
wail of the ADU closest to the rear property line shall be uniform in
placement to the rear wall of the primary structure.
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 accessory dwelling unit that is 800 square feet or less, consistent
with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with
a minimum four -foot side and rear setback (or such lesser side or rear setbacks
required under the zoning district), shall be considered consistent with all city
development standards, irrespective of any other municipal code limitations
governing lot coverage, floor area ratio, open space, or front yard setback. For any
other accessory dwelling unit, lot coverage, floor area ratio, open space, and front
yard setback requirements for the underlying zone shall apply.
fj 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) Access. An ADU shall have a separate exterior access. An ADU above a detached
garage may be accessed by an exterior staircase.
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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,
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 (17)(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:
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.
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:
in
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 JADVs. 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. If a JADU does not
include a separate bathroom, the JADU shall include a separate entrance from the main
entrance to the structure, with an interior entry to the main living area shared with the
primary unit.
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 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.
4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary
Dwelling shall be occupied by the owner of record.
I. Fees and utility connections.
IM
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:
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. Fare 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."
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