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HomeMy WebLinkAboutAgenda Packet 10142024     A G E N D A MEETING OF THE CITY COUNCIL Monday, October 14, 2024 ~ 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, California SCHELLY SUSTARSIC MAYOR Fourth District LISA LANDAU MAYOR PRO TEM Third District   JOE KALMICK COUNCIL MEMBER First District                                                           THOMAS MOORE COUNCIL MEMBER Second District     NATHAN STEELE COUNCIL MEMBER Fifth District     This Agenda contains  a brief general description of  each item  to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.   City  Council  meetings  are  broadcast  live  on  Seal  Beach  TV-3  and  on  the  City's  website (www.sealbeachca.gov). Check  SBTV-3  schedule  for  the  rebroadcast  of  meetings.  The meetings are also available on demand on the City’s website (starting 2012).   In  compliance with  the Americans with  Disabilities Act of 1990, if  you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City  Council  meeting, please  call  the  City  Clerk's  office  at  (562) 431-2527  at  least 48 hours prior to the meeting. CITY COUNCIL NORMS:                               Adopted on June 12, 2023 •Maintain a citywide perspective, while being mindful of our districts. •Move from I to we, and from campaigning to governing. •Work together as a body, modeling teamwork and civility for our community. •Assume good intent. •Disagree agreeably and professionally.  •Utilize long range plans to provide big picture context that is realistic and achievable. •Stay focused on the topic at hand.  Ensure each member of Council has an opportunity to speak. •Demonstrate respect, consideration, and courtesy to all. •Share information and avoid surprises. •Keep confidential things confidential. •Respect the Council/Manager form of government and the roles of each party. •Communicate concerns about staff to the City Manager; do not criticize staff in public.                                                                                          CIVILITY PRINCIPLES: Treat everyone courteously; Listen to others respectfully; Exercise self-control;  Give open-minded consideration to all viewpoints;  Focus on the issues and avoid personalizing debate; and, Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.  FOLLOW US ON FACEBOOK FOLLOW US ON INSTAGRAM FOLLOW US ON TWITTER/X                                       @CITYOFSEALBEACH                                                             @CITYOFSEALBEACHCA                                    @SEALBEACHCITYCA @SEALBEACHRECREATION&COMMUNITYSERVICES       @SEALBEACH_LIFEGUARD @SEALBEACHPOLICEDEPARTMENT                                    @SEALBEACHPOLICE                                                                                                   @SEALBEACHPUBLICWORKS                                                                                                   @K9YOSA                                                                                                   @K9.SAURUS CALL TO ORDER PLEDGE OF ALLEGIANCE COUNCIL ROLL CALL PRESENTATIONS / RECOGNITIONS – None ORAL COMMUNICATIONS At this time members of the public may address the Council regarding any items within the  subject  matter jurisdiction  of the City Council. Pursuant  to the Brown Act, the Council  cannot  discuss  or  take  action  on  any  items  not  on  the  agenda  unless authorized  by  law. Matters  not  on the agenda  may, at the Council's  discretion, be referred to the City Manager and placed on a future agenda.   Those members of the public  wishing to speak  are asked to  come forward to  the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution. Speaker cards will be available at the Clerk’s desk  for those  wishing to  sign  up to  address  the  Council, although  the submission of a speaker  card is  not  required  in order to address  the Council. Supplemental Communications from Mayor Sustarsic APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS ORDINANCES By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda. CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney    CITY MANAGER REPORT Patrick Gallegos, Acting City Manager    COUNCIL COMMENTS General Council Member comments and reporting pursuant to AB 1234. COUNCIL ITEMS – None CONSENT CALENDAR Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members. A.Approval of the September 23, 2024 City Council Minutes - That the City Council approve the minutes of the  Regular City Council meeting  held on September 23, 2024.   B.Demands on City Treasury (Fiscal Year 2025) October 14, 2024 -  Ratification.   C.Notice of Completion for the Almond Avenue Paving Project, CIP ST2201 - That  the  City  Council  adopt  Resolution  7566: 1. Accepting  the Almond Avenue Paving Project, CIP ST2201, by Hardy & Harper, Inc. in the amount of $520,873.64; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.   D.Notice of Completion for the FY 2023-24 Annual Local Paving Program, CIP STO2 - That the City Council adopt Resolution 7567: 1. Accepting the FY 2023-24 Annual Local Paving Program, CIP STO2, by Hardy & Harper, Inc. in the amount of $781,832.25; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.    E.Notice of Completion for Pier Concrete Abutment Restoration Project, CIP BP2201 - That the City Council adopt Resolution 7568: 1. Accepting the Pier Concrete Abutment Project, CIP BP2201, by HZS Engineering Inc. dba HZS Construction in the  amount of $566,186.99; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project.   ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC HEARING F.Zone Text Amendment 24-02 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units Consistent with State Law Requirements - That the City Council: 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1715, adopting Zone Text Amendment 24-02; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1715, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units, and finding the proposed Ordinance exempt from CEQA.   UNFINISHED / CONTINUED BUSINESS – None NEW BUSINESS – None ADJOURNMENT Adjourn the City Council to Monday, October 28, 2024 at 5:30 p.m. to meet in Closed Session, if deemed necessary. Agenda Item A AGENDA STAFF REPORT DATE:October 14, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Gloria D. Harper, City Clerk SUBJECT:Approval of the September 23, 2024 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST: That the City Council approve the minutes of the Regular City Council meeting held on September 23, 2024. BACKGROUND AND ANALYSIS: This section does not apply. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council approve the minutes of the Regular City Council meeting held on September 23, 2024. Page 2 1 8 8 7 SUBMITTED BY: NOTED AND APPROVED: Gloria D. Harper Jill R. Ingram Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Brandon DeCriscio, Deputy City Clerk ATTACHMENTS: A. Minutes - Regular Session, September 23, 2024 Seal Beach, California September 23, 2024 The City Council met in Regular Session at 7:05 p.m. in the City Council Chamber. Mayor Pro Tem Landau led the Pledge of Allegiance. ROLL CALL Present: Mayor Sustarsic Council Members: Kalmick, Moore, Landau Absent: Steele City Staff: Nicholas Ghirelli, City Attorney Patrick Gallegos, Acting City Manager Michael Henderson, Police Chief Barbara Arenado, Director of Finance/ City Treasurer Alexa Smittle, Director of Community Development Iris Lee, Director of Public Works Joe Bailey, Marine Safety Chief Gloria D. Harper, City Clerk Nick Nicholas, Police Captain Mike Ezroj, Police Captain Tim Kelsey, Recreation Manager Sean Low, Deputy Director of Public Works/ Maintenance and Utilities Lauren Barich, Management Analyst Nolan McGaughy, Orange County Fire Authority Fire Captain PRESENTATIONS / RECOGNITIONS Hunger Action Month Proclamation – September 2024 National Suicide Month Proclamation – September 2024 Water Professionals Appreciation Week Proclamation – October 5-13, 2024 Leisure World Traffic Safety Update ORAL COMMUNICATIONS Mayor Sustarsic opened oral communications. Speakers: Catherine Showalter, Stephen Masoner, Rosie Ritchie, Megan and Zach Cort, Dorris Sandrick, Ken Seiff and Jo8n. Mayor Sustarsic closed oral communications. Three (3) supplemental communications were received after the posting of the agenda; they were distributed to the City Council and made available to the public. APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND ORDINANCES 9 4 6 3 Council Member Kalmick moved, second by Council Member Moore, to approve the agenda and approve the excused absence of Council Member Steele. AYES: Kalmick, Landau, Moore, Sustarsic NOES: None ABSENT: Steele ABSTAIN: None Motion carried CITY ATTORNEY REPORT City Attorney Ghirelli had nothing to report. CITY MANAGER REPORT Acting City Manager Gallegos reported that staff hosted two (2) Seal Beach Municipal Election Information Community Meetings on Tuesday, September 10, 2024, at 1:30 p.m. at Leisure World; and on Monday, September 16, 2024, at 6:00 p.m. at the Marina Community Center. He noted that additional meetings are scheduled for Wednesday, September 25, 2024, at 6:00 p.m., and Wednesday, October 9, 2024, at 6:00 p.m., both at the Seal Beach Tennis and Pickleball Center. Additionally, Acting City Manager Gallegos reported that the Staff Engagement Team attended the Save Our Beach Cleanup Day on Saturday, September 21, 2024, and announced that the next Beach Cleanup Day is scheduled for Saturday, October 19, 2024, to commemorate the 25th anniversary of Save Our Beach. Lastly, Acting City Manager Gallegos reported that on Friday, September 20, 2024, City Council, staff, and members of the public attended the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony. He noted that the event was a success. COUNCIL COMMENTS Council Member Kalmick reported his attendance at the Orange County Healthcare Agency and Atlas Environmental Engineering Community meeting for G&M Oil, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy meeting, the Seal Beach Municipal Election Information Community Meeting, the Citizen-Council Stormwater Advisory Ad Hoc Committee meeting, the Water Conservation Authority meeting and the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony. Additionally, Council Member Kalmick announced that the Recreation and Parks Commission representative for District 1 resigned, effective Monday, September 23, 2024, and encouraged residents in District 1 that may be interested in serving on the Recreation and Parks Commission to reach out to him directly. Council Member Moore reported his attendance at the Seal Beach Municipal Election Information Community Meeting and the Seal Beach Tennis and Pickleball Center Ribbon 9 4 6 3 Cutting Ceremony. Additionally, Council Member Moore announced that on Tuesday, September 24, 2024, he will be hosting Coffee with a Cop at 5:30 p.m. at Peet’s Coffee. Mayor Pro Tem Landau reported her attendance at the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony and the Seal Beach Chamber of Commerce Installation Dinner. Additionally, Mayor Pro Tem Landau reported that she is on the Citizen-Council Stormwater Ad Hoc Committee and noted she is excited to work with the other committee members. Mayor Sustarsic reported her attendance at two (2) of the Seal Beach Municipal Election Information Community Meetings, the Orange County Healthcare Agency and Atlas Environmental Engineering Community meeting for G&M Oil, the Citizen-Council Stormwater Advisory Ad Hoc Committee meeting, the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony, and the Chamber of Commerce Pop-Up at the Pier event. COUNCIL ITEMS There were no council items. CONSENT CALENDAR A. Approval of the September 9, 2024 City Council Minutes - That the City Council approve the minutes of the Closed Session and Regular City Council meetings held on September 9, 2024. B. Demand on City Treasury (Fiscal Year 2025) - Ratification C. Monthly Investment Report (September 23, 2024) - Receive and file. D. Professional Services Agreement with Holistic System Integration Solutions - That the City Council adopt Resolution 7562: 1. Approving the Professional Services Agreement with Holistic System Integration Solutions for $5,000; and, 2. Authorizing the City Manager to execute the Agreement. E. Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County - That the City Council adopt Resolution 7563: 1. Approving the Agreement for Sharing Consultant Costs for Completion of Orange County Water and Wastewater Multi-Jurisdictional Hazard Mitigation Plan and America Water Infrastructure Act of 2018 Projects with Municipal Water District of Orange County (“Agreement”) for a not-to- exceed total of $49,450; and, 2. Authorizing the City Manager to execute the Agreement on behalf of the City; and, 3. Authorizing the City Manager to approve additional work requests up to $5,000 in connection with the Agreement. F. Supporting California Proposition 36: The Homelessness, Drug Addiction and Theft Reduction Act - That the City Council adopt Resolution 7564 authorizing the 9 4 6 3 Mayor to execute a letter of support for California Proposition 36, the Homelessness, Drug Addiction and Theft Reduction Act, which seeks to address the unintended consequences of Proposition 47 by implementing targeted reforms aimed at reducing retail theft, holding repeat offenders accountable, and providing essential mental health and drug treatment services within the justice system. G. Extension of Pier and Parking License Agreement with DCOR, LLC - That the City Council adopt Resolution 7565 approving the extension of the Pier and Parking License Agreement with DCOR, LLC at an increased monthly fee of $13,500.00, subject to annual adjustments, for a term ending September 30, 2030, with a potential mutual extension of five (5) additional years. Mayor Pro Tem Landau moved, second by Council Member Moore to approve the recommended actions on the consent calendar. The vote below is for the Consent Calendar Items. AYES: Kalmick, Landau, Moore, Sustarsic NOES: None ABSENT: Steele ABSTAIN: None Motion carried ITEMS REMOVED FROM THE CONSENT CALENDAR There were no items removed from the consent calendar. PUBLIC HEARING There were no Public Hearing items. UNFINISHED/CONTINUED BUSINESS There were no unfinished/continued business items. NEW BUSINESS There were no new business items. ADJOURNMENT Mayor Sustarsic adjourned the City Council meeting at 8:11 p.m. to Monday, October 14, 2024, to meet in Closed Session if deemed necessary. __________________________ Gloria D. Harper, City Clerk City of Seal Beach 9 4 6 3 Approved: ___________________________ Schelly Sustarsic, Mayor Attested: ____________________________ Gloria D. Harper, City Clerk Agenda Item C AGENDA STAFF REPORT DATE:October 14, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the Almond Avenue Paving Project, CIP ST2201 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7566: 1. Accepting the Almond Avenue Paving Project, CIP ST2201, by Hardy & Harper, Inc. in the amount of $520,873.64; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: As part of the I-405 Widening Project, sections of the Almond Avenue wall were relocated, thereby reducing the width of Almond Avenue. A byproduct of the wall relocation was that overhead utilities also had to be relocated. Pursuant to City regulations, all new utility relocations in College Park East must be installed underground. Orange County Transportation Authority (“OCTA”) provided Almond Avenue pavement restoration funding via a Settlement Agreement to mitigate these utility undergrounding impacts. The Almond Avenue Paving Project, CIP ST2201 (“Project”) consisted of grinding the existing pavement, installing an asphalt overlay, and constructing new ADA- compliant concrete curb ramps. On February 26, 2024, the City Council adopted Resolution 7492 awarding a public works agreement to Hardy & Harper, Inc. for the Project in the amount of $406,000 and allocating $40,000 for unforeseen construction conditions. On May 7, 2024, the contractor encountered expansive soils which began “pumping” conditions during the grinding operations. Pumping is when the soil is Page 2 1 9 0 4 saturated to the point pressures causes a wave-like soil motion. This material had to be removed and ”bridged”, or replaced by a thicker section of asphalt (“dig- outs”). The Project bid included approximately 2,500 square feet of dig-outs. Unfortunately, the roadway deteriorated significantly and necessitated more than 11,000 square feet. The most severe locations along Almond Avenue were between Daisy Street and Iris Circle. On May 28, 2024, the City Council adopted Resolution 7524 approving a Budget Amendment (“BA”) in the amount of $75,000 to cover the additional dig-outs and repaving of a portion of Almond Avenue. The Project was funded utilizing I-405 Settlement Funds which have been fully allocated to other projects within the scope of the settlement agreement. As such, the BA re-allocated funds from SB1 RMRA, which are restricted roadway funds. There were sufficient SB1 RMRA funds available for this budget amendment request. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency and approved BA totals $521,000. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Bid Items $ 406,000.00 Contract Change Orders $ 114,873.64 Project Cost $ 520,873.64 Unspent funds will be returned to the funding source. Page 3 1 9 0 4 STRATEGIC PLAN: This item is not applicable to the Strategic Plan. RECOMMENDATION: That the City Council adopt Resolution 7566: 1. Accepting the Almond Avenue Paving Project, CIP ST2201, by Hardy & Harper, Inc. in the amount of $520,873.64; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7566 B. Notice of Completion RESOLUTION 7566 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE ALMOND AVENUE PAVING PROJECT, CIP ST2201 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the Almond Avenue Paving Project, CIP ST2201 (“Project”), by Hardy & Harper, Inc. in the amount of $520,873.64 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of October 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7566 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of October 2024. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on September 30, 2024. The work was Almond Avenue Paving Project, CIP ST2201. 6. The name of the contractor(s), if any, for such improvement was: Hardy & Harper, Inc. 7. The date of the Contract Award was February 26, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Almond Avenue, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item D AGENDA STAFF REPORT DATE:October 14, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for the FY 2023-24 Annual Local Paving Program, CIP STO2 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7567: 1. Accepting the FY 2023-24 Annual Local Paving Program, CIP STO2, by Hardy & Harper, Inc. in the amount of $781,832.25; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The FY 2023-24 Annual Local Paving Program (“Project”) consisted of grinding the existing pavement, installing an asphalt overlay, and constructing new ADA-compliant concrete curb ramps. On February 26, 2024, the City Council adopted Resolution 7491 awarding a public works agreement to Hardy and Harper, Inc. for the Project in the amount of $773,000 and allocating $75,000 for unforeseen construction conditions. Pursuant to the 2020 and 2022 Pavement Management Programs, the following streets were selected and paved: 1. Bluebell Street – Almond Avenue to Birchwood Avenue 2. Banyan Avenue – Camelia Street to Columbine Street 3. Clover Circle – Almond Avenue to end of the cul-de-sac 4. Daisy Circle – Fir Avenue to end of the cul-de-sac 5. Heather Street – Elder Avenue to Lampson Avenue 6. Dogwood Avenue – Fuchsia Street to Marigold Street 7. Marigold Street – Dogwood Avenue to Candleberry Avenue Page 2 1 9 0 5 8. Rose Street – Hazelnut Avenue to Lampson Avenue 9. Primrose Street – Elder Avenue to Dogwood Avenue 10. Elder Avenue – Primrose Street to Violet Street 11. Wisteria Street – Ironwood Avenue to Dogwood Avenue 12. Ironwood Avenue – Wisteria Street to Tulip Street The Project encountered unforeseen conditions that required change orders including additional concrete work, added dig-outs and additional paving. The Project was inspected, meets all standards and requirements within the Project specifications, and has been completed to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project, direct staff to file a Notice of Completion with the Orange County Clerk’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c). LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: The approved construction contract budget plus established construction contingency totals $848,000. The table below presents a breakdown of the total construction Project cost: Description Amount Construction Bid Items $ 773,000.00 Contract Change Orders $ 8,832.25 Project Cost $ 781,832.25 Unspent funds will be returned to the original funding source. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 9 0 5 RECOMMENDATION: That the City Council adopt Resolution 7567: 1. Accepting the FY 2023-24 Annual Local Paving Program, CIP STO2, by Hardy & Harper, Inc. in the amount of $781,832.25; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: David Spitz, P.E. Associate Engineer ATTACHMENTS: A. Resolution 7567 B. Notice of Completion RESOLUTION 7567 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE FY 2023-24 ANNUAL LOCAL PAVING PROGRAM, CIP STO2 THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the FY 2023-24 Annual Local Paving Program, CIP STO2 (“Project”), by Hardy & Harper, Inc. in the amount of $781,832.25 for the work performed. Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of October 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7567 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of October 2024. Gloria D. Harper, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on September 30, 2024. The work was FY 2023-24 Annual Local Paving Program, CIP STO2. 6. The name of the contractor(s), if any, for such improvement was: Hardy & Harper, Inc. 7. The date of the Contract Award was February 26, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: Various Roads, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item E AGENDA STAFF REPORT DATE:October 14, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Iris Lee, Director of Public Works SUBJECT:Notice of Completion for Pier Concrete Abutment Restoration Project, CIP BP2201 ________________________________________________________________ SUMMARY OF REQUEST: That the City Council adopt Resolution 7568: 1. Accepting the Pier Concrete Abutment Project, CIP BP2201, by HZS Engineering Inc. dba HZS Construction in the amount of $566,186.99; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. BACKGROUND AND ANALYSIS: The Seal Beach Pier (“Pier”) was first constructed in the early 1900s and rebuilt in 1984. In 2016, a fire caused significant damage to the latter portion of the Pier. Although this section was reconstructed in 2020, there are still areas outside of the Pier reconstruction that require repair and upgrade. Based on the Pier evaluation results in 2021, the Pier Concrete Abutment Restoration Project (“Project”) was included in the Fiscal Year 2023-24 Capital Improvement Program budget. The Pier concrete abutment structure is the primary access point for the residents and visiting the Pier, as well as the surrounding beach and park areas. The abutment area was showing wear and deterioration, and these conditions needed to be addressed if the structure is to remain a viable component of the City’s identity. On March 25, 2024, the City Council adopted Resolution 7504 awarding the Pier Concrete Abutment Restoration Project (“Project”) to HZS Engineering Inc. dba HZS Construction in the amount of $567,300 to provide deck waterproofing, painting the abutment, installation of four (4) new doors, restoring concrete spalling and railing along the pier. Page 2 1 9 0 6 Three (3) change orders were issued for the Project which resulted in an overall 2% contract cost reduction. The first change order was a deductive change order for removal of scope due to unforeseen extensive cracking in the second breezeway. Findings from the preliminary structural assessment performed, recommended that additional structural analysis and a more extensive repair is required as the next phase of pier improvement work. Since this additional work falls outside of the original contract scope, staff adjusted the bid items related to the second breezeway which led to a reduction in scope. The other two (2) change orders were the result of increased repairs needed for the abutment walkway and parapets. The Project has been completed and inspected to the satisfaction of the City Engineer. It is requested that the City Council formally accept the Project and direct staff to file a Notice of Completion with the Orange County Clerk’s Recorder’s Office and release the retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. ENVIRONMENTAL IMPACT: The Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under section 15301(d) of the CEQA Guidelines. LEGAL ANALYSIS: The City Attorney has reviewed and approved the resolution as to form. FINANCIAL IMPACT: A scope reduction that was issued for work that extended beyond the original contract and additional required repairs to the abutment led to an overall net contract reduction of $1,113.01. The table below presents the breakdown of the Project’s construction costs: Description Amount Total Base Bid $ 567,300.00 Contract Change Orders - $ 1,113.01 Project Cost $ 566,186.99 Unspent funds will be returned to the original funding source. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 3 1 9 0 6 RECOMMENDATION: That the City Council adopt Resolution 7568: 1. Accepting the Pier Concrete Abutment Project, CIP BP2201, by HZS Engineering Inc. dba HZS Construction in the amount of $566,186.99; and, 2. Directing the City Clerk to file a “Notice of Completion” with the Orange County Clerk-Recorder within fifteen (15) days from the date of acceptance and to release retention thirty-five (35) days after recordation of the Notice of Completion contingent upon no claims being filed on the Project. SUBMITTED BY: NOTED AND APPROVED: Iris Lee Jill R. Ingram Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: William Luna, Assistant Engineer ATTACHMENTS: A. Resolution 7568 B. Notice of Completion RESOLUTION 7568 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ACCEPTING COMPLETION OF THE PIER CONCRETE ABUTMENT RESTORATION PROJECT, CIP BP2201, BY HZS ENGINEERING INC. dba HZS CONSTRUCTION, AND DIRECTING THE FILING OF A NOTICE OF COMPLETION FOR THE PROJECT THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: Section 1. The City accepts the completion of the Pier Concrete Abutment Restoration Project, CIP BP2201, by HZS Engineering Inc. dba HZS Construction in the amount of $566,186.99; and, Section 2. The City Clerk is hereby directed to file a “Notice of Completion” for the Project with the Orange County Clerk-Recorder within fifteen (15) days of the date of this resolution and to release retention 35 days after the recordation of the Notice of Completion contingent upon no claims being filed on the Project. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of October 2024 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7568 on file in the Office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of October 2024. Gloria D. Harper, City Clerk ,RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF SEAL BEACH Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder’s use. *** No Recording Fee Pursuant to Government Code Sections 6103 and 27383 **** NOTICE OF COMPLETION Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach. 3. The address of the owner is: 211 – 8th Street, Seal Beach, CA 90740. 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on April 2, 2024. The work was BP2201 Pier Concrete Abutment Restoration 6. The name of the contractor(s), if any, for such improvement was: HZS Engineering Inc. Dba HZS Construction 7. The date of the Contract Award was March 25, 2024. 8. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 900 Ocean Ave, Seal Beach, CA. Date: _______________ _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Signature of owner or corporate officer of owner named in paragraph 2 or agent. VERIFICATION I, the undersigned, say: Iris Lee (Director of Public Works) declarant of the foregoing notice of completion; have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on _____________________, 2024, at Seal Beach, California. (Date of Signature) _________________________________________ Iris Lee, Director of Public Works, City of Seal Beach Agenda Item F AGENDA STAFF REPORT DATE:October 14, 2024 TO:Honorable Mayor and City Council THRU:Jill R. Ingram, City Manager FROM:Alexa Smittle, Community Development Director SUBJECT:Zone Text Amendment 24-02 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units Consistent with State Law Requirements ________________________________________________________________ SUMMARY OF REQUEST: That the City Council: 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1715, adopting Zone Text Amendment 24-02; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1715, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units, and finding the proposed Ordinance exempt from CEQA. BACKGROUND AND ANALYSIS: Over the course of the last several years, the City of Seal Beach (City) has routinely updated its Municipal Code related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to remain compliant with State law. The most recent update was about a year ago, when the City Council adopted Ordinance No. 1706 (Zone Text Amendment 23-1) on September 11, 2023. Since that time, new State legislation has been passed that requires the City to modify the zoning code text to align with the most recent State legislation regarding ADUs. Additionally, the City received comments in response to Ordinance No. 1706 from the California Department of Housing and Community Development (HCD). The proposed Zone Text Amendment (ZTA) addresses changes to the law and comments from HCD. Planning Commission Recommendation On September 16, 2024 the Planning Commission considered the ZTA, and recommended approval with minor clarifications to the language used to define the Page 2 1 8 9 8 length of a short term rental. This language has been incorporated into the proposed Ordinance 1715. The following subheadings identify specific changes to ADU standards that require an amendment to Seal Beach Municipal Code (SBMC) Section 11.4.05.115 (Accessory Dwelling Units): HCD Recommendations Following the adoption of Ordinance No. 1706 (ZTA 23-1) last year, the City submitted Ordinance No. 1706 to HCD for review and comment; and on August 20, 2024, HCD provided comments and requirements for modifications to the Ordinance. One of the recommendations was the incorporation of Senate Bill 477 (SB 477), which went into effect on March 25, 2024. The remaining recommendations are language modifications to match State legislation. Cities are given the option of changing their Municipal Code to match State law or to make findings in a Resolution that explain the reasons the City believes they are in compliance with State law. If no action is taken, HCD will refer the matter to the California Office of the Attorney General. City staff, in conjunction with the City Attorney’s office, recommends modifying Ordinance 1706 to ensure compliance and avoid legal proceedings. Government Code Section 66323 This section of the Government Code regulates the number of permitted ADUs per State legislation. Previously, state law allowed a single-family home to add both an ADU and a JADU for a total of three (3) units on a parcel. However, as described in the August 20, 2024 letter from HCD, new language in this section allows any combination of ADU types. Based on this interpretation, if in compliance with Government Code 66323, a property with one single-family dwelling would be allowed (a) one ADU that is either conversion of existing space or part of a proposed new home, (b) one detached ADU, and (c) one JADU, for a possible total of four units on a lot zoned to accommodate one unit. Additionally, multi-family dwelling properties would be allowed to create at least one unit from existing non- habitable space, and a maximum of two detached ADUs. Staff has updated the Municipal Code language to mirror that of the State. SB 477 The purpose of Senate Bill 477 is to simplify and consolidate the ADU and JADU laws. The changes implemented by SB 477 are organizational in nature. The bill adds Chapter 13 to the Government Code, Title 7, Division 1. The bill deleted Government Code Sections 65852.2, 6585.22, and 65852.26 and relocated those deleted sections into Chapter 13 (Government Code Sections 66310-66342), which consists of four articles: Article 1 – General Provisions, Article 2 – Accessory Dwelling Units, Article 3 – Junior Accessory Dwellings, and Article 4 - Accessory Dwelling Unit Sales. The proposed amendments to the ADU ordinance reflect the newly assigned Government Code sections. Page 3 1 8 9 8 Conveyance State law allows for separate conveyance of an ADU from the primary residence if certain conditions are met. Staff proposes to add language to clearly prohibit separate conveyance unless required by Government Code Section 66341 as stipulated. Certificate of Occupancy State law prohibits the issuance of a certificate of occupancy for an ADU before the issuance of a certificate of occupancy for the primary dwelling. Staff proposes to include language consistent with State law to ensure when a permit application for an accessory dwelling is submitted in conjunction with a permit application to create a new single-family or a new multifamily dwelling, the primary residential structure is constructed before the ADU. Owner Occupancy Requirements Previous law provides that a local agency may require owner-occupancy of either a primary dwelling or an ADU on a single-family lot after January 1, 2025. AB 976 eliminates the authority of local agencies to impose owner-occupancy requirements on an ADU. Tandem Parking State law allows tandem spaces on the driveway to be counted as parking spaces for ADUs, when parking is required. Staff proposes amending the ADU ordinance to match Government Code Section 66314. Rentals Government Code Section 66315 provides that the statutes establish the maximum standards that may be imposed on ADUs, with the exception of rental terms. This section allows local agencies, if they choose, to require that if rented out, the rental term be 30 days or longer. Staff proposes amending the current code text to reflect this language. Requiring ADUs and JADUs to be rented for 30 days or more is also consistent with Municipal Code Section 11.4.05.135 governing short-term rentals. Proposed Text Amendments The following table provides a line-by-line review of the proposed changes in sequential order in the left column with reference to one of the discussed sections above in the right column. Text proposed to be added to the ordinance will be bold and underlined, text proposed for removal will have a strikethrough. Page 4 1 8 9 8 Proposed Amended Standards Related Discussion Section Sec. 11.4.05.115 (A) – Purpose and Applicability. The purpose of this section is to implement the requirements of Government Code Sections 66310 through 66342 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. SB 477 Sec. 11.4.05.115 (B) – Definitions. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 66313 65852.22, as the same may be amended from time to time. SB 477 Sec. 11.4.05.115 (B) – Definitions. “Public transit,” has the meaning ascribed in Government Code Section 66313(l) 65852.2(j), as the same may be amended from time to time. SB 477 Sec. 11.4.05.115 (B) – Definitions. “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. SB 477 Sec. 11.4.05.115 (B) – Definitions. Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 66323 65852.2(e). SB 477 Sec. 11.4.05.115 (C)(3) – Permits Required. 3) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. Certificate of Occupancy Sec. 11.4.05.115 (C)(4)(c)(i) – Unpermitted ADUs constructed before 2018. SB 477 Page 5 1 8 9 8 (B) The ADU does not comply with the state ADU law (Government Code sections 66310 through 66342 65852.2) or this Section. Sec. 11.4.05.115 (C)(4)(c)(ii) – Unpermitted ADUs constructed (B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3 17920. Government Code Section Update Sec. 11.4.05.115 (D)(1) – Statewide Exemption ADUs 1) Pursuant to Government Code Section 66323 65852.2, 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: SB 477 Sec. 11.4.05.115 (D)(1)(a)(i) – Statewide Exemption ADUs i. The JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). Updated to remove confusion that “proposed space” is not an addition to an existing single- family residence, but rather as part of a proposed residence. Sec. 11.4.05.115 (D)(1)(a)(ii)– Statewide Exemption ADUs ii. The ADU or JADU is within the proposed space of a proposed 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. Updated to match State Code. Page 6 1 8 9 8 Sec. 11.4.05.115 (D)(1)(a)(v)– Statewide Exemption ADUs v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333 65852.22 and with the requirements set forth in subsection (F) of this section. SB 477 Sec. 11.4.05.115 (D)(1)(c)– Statewide Exemption ADUs c) ADUs on Parcel with Existing or Proposed Multifamily Dwelling. A property owner may be allowed to develop any of the following 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. At least one 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 or Proposed 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 setback 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. Update to match State code per HCD letter and clarification on setback Sec. 11.4.05.115 (E)(1) – ADUs not subject to Statewide Exemption 1) Pursuant to Government Code Sections 66313 through 66322 65852.2(a) through (d), approval of Zoning SB 477 Page 7 1 8 9 8 Conformance Review and a building permit shall be required in accordance with this subsection. Sec. 11.4.05.115 (E)(5) – ADUs not subject to Statewide Exemption 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 66317 65852.2. The City shall approve or deny 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 66317 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. SB 477 Update to match State code per HCD letter Sec. 11.4.05.115 (F)(2)(i) – ADUs not subject to Statewide Exemption 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 2) 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. Update to match State code per HCD letter Sec. 11.4.05.115 (F)(3) – Parking Requirements a)Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(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. These spaces may be provided as tandem parking on a driveway of the same lot. b)Exception. An additional off-street parking space is not required if 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, or an additional off-street parking Update to match State code Page 8 1 8 9 8 space is not required for such ADU if any of the following provisions are met: Sec. 11.4.05.115 (F)(3)(b) – Parking Requirements vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). Update to match State code per HCD letter Sec. 11.4.05.115 (G) – Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333 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: SB 477 Sec. 11.4.05.115 (H) – No Separate Conveyance. H. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days or less are prohibited. Conveyance Rentals Sec. 11.4.05.115 (I) – Covenant required. I. 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, confirming placing the following restrictions applicable to the property, the property owner, and all successors in interest: 1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Except as otherwise required by Government Code Section 66341 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented. HCD Letter Owner Occupancy Requirements Rentals Page 9 1 8 9 8 2) Rentals of less than 30 days are prohibited. 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. Sec. 11.4.05.115 (J) (1) – 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 66324 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. SB 477 ENVIRONMENTAL IMPACT: 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 called accessory dwelling units in residential and mixed-use zones as mandated by Government Code 66310 through 66342. LEGAL ANALYSIS: This item has been reviewed for content and approved as to form. FINANCIAL IMPACT: There is no financial impact for this item. STRATEGIC PLAN: This item is not applicable to the Strategic Plan. Page 10 1 8 9 8 RECOMMENDATION: That the City Council: 1. Conduct a Public Hearing to receive input and consider the Planning Commission’s recommendation to approve Ordinance 1715 with minor revisions, adopting Zone Text Amendment 24-02; and, 2. Introduce, waive full reading, and read by title only, Ordinance 1715, amending portions of Title 11 of the Seal Beach Municipal Code pertaining to accessory dwelling units and junior accessory dwelling units, and finding the proposed Ordinance exempt from CEQA. SUBMITTED BY: NOTED AND APPROVED: Alexa Smittle Jill R. Ingram Alexa Smittle, Community Development Director Jill R. Ingram, City Manager ATTACHMENTS: A. Ordinance 1715 B. Ordinance 1715 Redline C. Planning Commission Resolution 24-13 D. Letter from California Department of Housing and Community Development 9 4 4 5 ORDINANCE 1715 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 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 66310 through 66342 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. 9 4 4 5 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 66313, 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 66313(l), as the same may be amended from time to time. 13. “SB 9” or “Senate Bill 9” means Government Code Section 65852.21 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 66323. 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. 9 4 4 5 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) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. 4) 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 sections 66310 through 66342) 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 (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3. 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 9 4 4 5 15. 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. D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 66323, 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 proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU or JADU is within the proposed space of a proposed 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. Interior access between the primary unit and the ADU shall be prohibited. iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333) and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADU for 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. i. The ADU shall be no more than 800 square feet in size. 9 4 4 5 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”. 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 or Proposed Multifamily Dwelling. A property owner may develop any of the following ADUs on a lot: i. ADU within Non-Livable Space in Existing Multifamily Dwelling. At least 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. ii. Detached New Construction ADUs for Existing or Proposed 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 setback 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. D. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 66313 through 66322, 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. 9 4 4 5 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 66317. The City shall approve or deny the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317, 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. E. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) 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) 850 square feet in gross floor area if it contains one or fewer bedrooms or 2) 1,000 square feet in gross floor area if it contains more than 9 4 4 5 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). i. 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. 9 4 4 5 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 RLD-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 wall 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 4-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. 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. 9 4 4 5 g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited. 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 (F)(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. These spaces may be provided as tandem parking on a driveway of the same lot. b) Exception. An additional off-street parking space is not required 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, or 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. vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). 9 4 4 5 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. F. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333, 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 66333. 6) No additional parking is required for a JADU. G. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited. 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, confirming the following restrictions applicable to the property, the property owner, and all successors in interest: 9 4 4 5 1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. 2) Rentals of less than 30 days are prohibited. 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 66324 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. 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.” 9 4 4 5 INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 14th day of October 2024. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this__ day of ___, 2024. Schelly Sustarsic, Mayor ATTEST: Gloria D. Harper, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas Ghirelli, City Attorney 9 4 4 6 ORDINANCE XXXX 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 [proposed additions highlighted; proposed deletions marked by strike outs] 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 66310 through 66342 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. 9 4 4 6 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 66313 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 66313(l) 65852.2(j), 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 66323 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. 9 4 4 6 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) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. 4) 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 sections 66310 through 6634265852.2) 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 (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3 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 9 4 4 6 15. 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. D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 66323 65852.2, 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 proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU or JADU is within the proposed space of a proposed 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. Interior access between the primary unit and the ADU shall be prohibited. iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333 65852.22) and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADU for 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. i. The ADU shall be no more than 800 square feet in size. 9 4 4 6 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”. 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 or Proposed Multifamily Dwelling. A property owner may be allowed to develop any of the following 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. At least one 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 or Proposed 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 setback 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. D. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 66313 through 66322 65852.2(a) through (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 9 4 4 6 16. 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. 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 66317 65852.2. The City shall act upon approve or deny the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317 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. E. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) 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. 9 4 4 6 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 2) 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). i. 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 9 4 4 6 Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. 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 RLD-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 wall 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 4-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. 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 9 4 4 6 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. Interior access between the primary unit and the ADU shall be prohibited. 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 (F)(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. These spaces may be provided as tandem parking on a driveway of the same lot. b) Exception. An additional off-street parking space is not required if 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, or 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. 9 4 4 6 vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). 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. F. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333 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 66333. 6) No additional parking is required for a JADU. G.No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited. 9 4 4 6 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, confirming placing the following restrictions applicable to on the property, the property owner, and all successors in interest: 1)Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. 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)Rentals of less than 30 days are prohibited. 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. 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 66324 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. 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 9 4 4 6 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.” 9 4 4 2 RESOLUTION NO. 24-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 24-02 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) CONSISTENT WITH STATE LAW REQUIREMENTS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: WHEREAS, On September 11, 2023, the City Council adopted Ordinance No. 1706, 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 66326, the City submitted Ordinance No. 1706 to the California Department of Housing and Community Development for review and comment; and on August 20, 2024, the California Department of Housing and Community Development provided comments on Ordinance No. 1706 with recommendations for modifications to the Ordinance; 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 66310 through 66342 and to clarify standards; and WHEREAS, the Planning Commission is authorized, pursuant to Section 11.5.05.010.B 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 66310 through 66342; and WHEREAS, the Community Development Department on September 5, 2024, 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 9 4 4 2 WHEREAS, on September 16, 2024, 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 accessory dwelling units in residential and mixed-use zones. Section 2. Required findings for Zone Text Amendment 24-02. 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 24-02: 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 1h: Accessory Dwelling Units: Accessory dwelling units (ADUs) can provide affordable housing options for a wide range of household types, many 9 4 4 2 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 September 16, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-02, 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 24-02 with minor changes to Section 11.4.115(H) and (I) to clarify rentals of 30 days or more are permitted. 9 4 4 2 PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 16, 2024, by the following vote: AYES: Commissioners _CAMPBELL, MINGIONE, WHEELER, WONG_____ NOES: Commissioners ___________________________________________ ABSENT: Commissioners _COLES__________________________________ ABSTAIN: Commissioners ________________________________________ _________________________________ Margo Wheeler ATTEST: Vice Chairperson _________________________________ Alexa Smittle Planning Commission Secretary 9 4 4 2 ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-02