HomeMy WebLinkAboutOrdinance 1716 ORDINANCE 1716
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING PORTIONS OF TITLE 11 OF THE SEAL
BEACH MUNICIPAL CODE PERTAINING TO
ADMINISTRATIVE REVIEW OF MODIFICATIONS TO
NONCONFORMING RESIDENTIAL STRUCTURES,
ADMINISTRATIVE REVIEW OF REASONABLE
ACCOMMODATION REQUESTS, MODIFICATION OF
RESIDENTIAL FRONT YARD PERMEABLE SURFACE
REQUIREMENTS, AND UPDATES TO THE ACCESSORY
DWELLING UNIT STANDARDS PURSUANT TO SENATE
BILL 1211 AND ASSEMBLY BILL 2533 (STATUTES OF
2024), AND FINDING THE ORDINANCE TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals.
A. Seal Beach Municipal Code (SBMC) Chapter 11.4.40
(Nonconforming Uses, Structures, and Lots) sets forth the process to make changes to
nonconforming uses and structures. Zone Text Amendment 24-03 proposes to eliminate
the requirement of a Conditional Use Permit or Minor Use Permit to make changes to
residential structures, when all proposed additions or expansions comply with the Zoning
Code, and instead provide for administrative review by staff. Historically, there have not
been denials or requests for modifications by the Planning Commission to additions to
nonconforming residential structure projects when all new construction complies with the
Zoning Code. Subsection 11.2.05.015.A.7.g. (Residential District Development
Standards — Standards for Surfside General Requirements — Nonconforming building
expansions) would need the same amendment for the same purpose for residential
properties in Surfside. Additionally, a new section is proposed for the Nonconforming
Chapter, Section 11.4.40.075 (Replacement of Residential Structures Nonconforming
Due to Density). As a result of SB 330 (The Housing Crisis Act of 2019), cities are not
allowed to permit development activity that results in a reduction of housing units. Several
multi-family properties in Old Town are nonconforming due to density, and several of
these units are aging. The only way to replace these units by the standards of the
Municipal Code would be to reduce the number of units to come into compliance with
density requirements, which SB 330 prevents. This additionally section would allow
property owners to replace older housing stock with an equivalent number of units.
B. SBMC Chapter 11.5.30 (Reasonable Accommodations) sets forth
the process to allow, in accordance with federal and state fair housing laws, for
reasonable accommodations in the City's zoning and land use regulations, policies, and
1
practices when needed to provide an individual with a disability an equal opportunity to
use and enjoy a dwelling. The amendment is necessary because if the applicant presents
the appropriate applicable documentation required, then the City must comply in providing
the reasonable accommodation, so discretion is restricted, and accordingly it would be
more appropriate to process the request on the Director level than have the applicant
appear before a public hearing. Amendment to Chapter 11.5.30 will also implement part
of the City's workplan included in the Housing Element, which requires the City to support
efforts in furtherance of fair housing laws and specifically to streamline the reasonable
accommodation process for applicants.
C. SBMC Section, 11.2.05.015 (Residential District — Development
Standards) establishes the development standards required for uses in residential zones.
Amendment to this section is necessary because the permeable surface requirement for
the front yard setback has contradictory language in that it states that 50% can be paved,
but 60% must have a permeable surface. The code would be amended to reduce the
permeable surface requirement to 50% to correct that contradiction. Additionally, Section
11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) would be
amended for the same purpose under subsection (E) Driveways, Walkways, and Patios.
D. SBMC Section 11.4.05.115 (Accessory Dwelling Units) sets forth the
standards required for ADUs and JADUs. Amendment to this section is necessary due to
the 2024 enactment of Senate Bill 1211 (SB 1211) and Assembly Bill 2533 (AB 2533).
SB 1211 includes additional prohibitions on requiring replacement when parking is lost in
the conjunction with the development of an ADU, further restricts the requirement of
development or design standards that do not exist in State law, defines "livable space"
and allows up to 8 detached ADUs, instead of 2, to be created on a lot with an existing
multifamily dwelling, provided that the number of ADUs does not exceed the number of
existing units. AB 2533 requires unpermitted second units constructed prior to January 1,
2020 to be permitted. This was previously required for second units constructed prior to
January 1, 2018. AB 2533 would also authorize the City, upon receiving an application
for a permit for a previously unpermitted ADU or JADU to inspect the unit for compliance
with health and safety standards and provide recommendations to bring the ADU or JADU
into compliance with those standards The City would be required to approve necessary
permits to correct noncompliance with health and safety standards.
Section 2. Procedural Findings. The City Council of the City of Seal Beach does
hereby find, determine, and declare that:
A. On October 21, 2024, the Planning Commission considered this
Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff
and interested persons had an opportunity to and did testify either in support of or against
this matter.
B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 24-15,
recommending approval of the Ordinance by the City Council.
2
C. The City Council, at a regular meeting, considered the Ordinance on
November 12, 2024, at a duly noticed public hearing, as prescribed by law, at which time
City staff and interested persons had an opportunity to and did testify either in support of
or against this matter.
D. Following the public hearing, the City Council considered the entire
record of information received at the public hearings before the Planning Commission
and City Council.
Section 3. California Environmental Quality Act Exemption. The City Council
hereby determines that this Ordinance is exempt from environmental review under the
California Environmental Quality Act, (California Public Resources Code § 21000, et seq.,
("CEQA") and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.)
under Guidelines Sections 15061(b)(3), 15282(h), and 15301, as all changes are related
to the development standards of single-family residential, multi-family residential, and
accessory dwelling units, which are already allowed by-right to be built in applicable
residential zones and it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
Section 4. Consistency Findings. In approving the proposed Zoning Code
amendment, the City Council hereby makes the following findings that the Ordinance is
consistent with the General Plan:
A. The proposed Code Amendment is consistent with the following
General Plan Land Use Element Goal and Policy:
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.
B. The proposed amendments are also consistent with Chapter 3 of the
Coastal Act, will not have an impact either individually or cumulatively on coastal
resources, and do not involve any change in existing or proposed use of land or water.
Section 5. Section 11.4.40.010 (Maintenance and Repair of Nonconforming
Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11
(Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as
follows:
"11.4.40.010 Maintenance Repair and Alteration of Nonconforming Structures.
A. Continuation of Nonconforming Structures. A lawful nonconforming structure may
be used, occupied and maintained in its current size and configuration.
B. Maintenance, Repairs, and Interior Alterations. An owner may perform
maintenance, repairs and interior alterations to structures that are lawfully nonconforming
or contain lawful nonconforming uses, provided the structure is not enlarged or the
3
nonconforming use is not expanded except as otherwise authorized by this chapter. An
owner shall apply for and obtain a building permit for all maintenance, repairs or
alterations as required by the Building Code chapter of the municipal code.
1. For construction, maintenance, repairs or alterations of accessory dwelling units
and junior accessory dwelling units on property with any nonconforming zoning
condition, see section 11.4.05.115 of chapter 11.4.05 of this title. As used in this
paragraph 1 only, the phrase "nonconforming zoning condition" has the meaning set
forth in section 11.4.05.115.B.10 of chapter 11.4.05.
2. For maintenance, repairs and interior alterations of nonconforming historic
buildings, see Section 11.4.40.055 of this chapter.
Section 6. Section 11.4.40.015 (Minor Improvements to Nonconforming
Residential Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of
Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to
read as follows:
"11.4.40.015 Minor Improvements to Nonconforming Residential Structures.
A. Minor Improvements Requiring Only a Building Permit.
1. Skylights.
2. Solar systems.
3. Windows.
4. Decorative exterior improvements.
5. Utilities.
6. Other similar minor structural improvements as determined by the director.
B. Minor Improvements Requiring Director's Review.
1. Open roof decks.
2. Balconies and porches (not enclosed).
3. Roof additions over balconies and porches.
4. Roof eaves projecting 5 feet into the required rear yard setback in the RLD-9
District, along Ocean Avenue between First Street and Eighth Street.
5. Exterior doors.
4
6. Garages, carports, and additional covered parking spaces.
7. Interior wall modifications and remodeling which involves removal of or
structural alteration to less than 25% of the structure's interior walls. Such interior
wall modifications or remodeling may increase the number of bathrooms provided
that the number does not exceed the following bedroom/bathroom ratio: one bath for
each bedroom plus an additional half-bath. The number of bedrooms shall not be
increased if the subject property is nonconforming due to density or parking.
8. Reduction in the number of units involving removal or structural alteration to
less than 50% of the structure's interior walls.
9. Other similar minor improvements, as determined by the director.
Section 7. Section 11.4.40.020 (Structural Alteration or Additions to
Nonconforming Residences Require a Conditional Use Permit (All Residential Districts))
of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the
Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
"11.4.40.020 Structural Alterations or Additions to Nonconforming Residential Structures
(All Residential Districts).
A. Alterations and Additions permitted through a Director's Review. Except as
otherwise provided in paragraphs 1 and 2 of this subsection, single-family and multi-family
residential structures that are lawfully nonconforming only with respect to height,
setbacks, density, and parking may be altered, renovated, and enlarged provided that the
alteration, renovation or enlargement does not increase or intensify the nonconformity
and the alteration, renovation or enlargement is consistent with current development
standards including but not limited to height, setbacks and lot coverage.
1. For alterations and additions to construct an accessory dwelling unit or junior
accessory dwelling unit in residential structures with any nonconforming zoning
condition, see section 11.4.40.010.B.1 of this chapter and section 11.4.05.115 of
chapter 11.4.05. As used in this paragraph 1 only, the phrase"nonconforming zoning
condition" has the meaning set forth in section 11.4.05.115.B.10 of chapter 11.4.05.
2. For maintenance, repairs and interior alterations of nonconforming historic
buildings, see sections 11.4.40.010.B.2 and 11.4.40.055 of this chapter.
Section 8. Section 11.4.40.030 (Nonconforming Multi-Unit Residential and
Nonresidential Structures May Not be Structurally Altered or Expanded; and Exceptions)
of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the
Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
5
"11.4.40.030 Nonconforming Nonresidential Structures May Not Be Structurally Altered or
Expanded; and Exceptions.
A. Nonresidential Property Exceptions.
1. Substandard Yards or Open Space. A structure that is nonconforming only
because of substandard yards or open space may be altered or expanded; provided
that any alteration or expansion does not further reduce the size of required yards
and open space.
2. Commercial Centers over 20 Acres—Inadequate Landscaping. A commercial
center over 20 acres in size that is nonconforming only because of inadequate
landscaping may be altered or expanded:
a. Upon receiving a building permit if 7% or more of its total lot area is
landscaped.
b. Upon the approval of a conditional use permit pursuant to Chapter 11.5.20:
Development Permits, if less than 7% of its total lot area is landscaped. Provided
the center remains in compliance with the terms and conditions of the conditional
use permit, a building permit may be issued for subsequent alterations and
expansions.
i. Landscape Program. All applications for a conditional use permit shall
be accompanied by a: proposed landscape program showing landscaping
proposed for a minimum of 7% of the total lot area; schedule; and site plan
of the center, drawn to scale and indicating, but not limited to, the following
information:
(a) Lot dimensions;
(b) Location, size and total square footage of all structures;
(c) Location and number of parking spaces;
(d) Pedestrian, vehicular and service access;
(e) Common areas; and
(f) Location and square footage of existing landscaping.
ii. Approval of Landscape Program. The planning commission shall
approve a proposed landscape program if such program provides for the
installation of the required amount of landscaping within a reasonable
period of time, taking into consideration, among other factors, the total lot
area of the center, the number of businesses within the center, the existing
6
amount of landscaping, and the cost to comply with the landscaping
required.
3. Main Street Specific Plan District. A structure located within the Main Street
Specific Plan District that is nonconforming only because of inadequate parking may
be altered or expanded, and/or its use expanded or changed, provided:
a. The alteration, expansion or change does not further reduce the existing
number of parking spaces, and
b. The owner supplies additional parking spaces to meet the parking
requirements for the difference in area between the existing building and the
altered or expanded building, and
c. The owner supplies additional parking spaces to meet any increase in
parking requirements for the expanded or new use.
If a property owner cannot meet off-street parking requirements, the owner may pay an
in-lieu fee pursuant to the provisions of Section 11.4.20.020.D: Main Street Specific
Plan District In-Lieu Parking Program."
Section 9. Subsection 11.4.40.050.B (Residential Structure — Damage Greater
than 50%) of Section 11.4.40.050 (Restoration of Damaged Nonconforming Structures) of
Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the
Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
"B. Residential Structure—Damage Greater than 50%. A nonconforming residential
building damaged to the extent of more than 50% of its replacement cost by fire, explosion
or other occurrence may be restored and reoccupied in the same residential manner that
lawfully existed prior to the occurrence, as follows:
1. Reconstruction Pursuant to Building Permit. The director may issue a building
permit to reconstruct the damaged structure, provided:
a. The owner provides the applicable minimum number of standard, open and
accessible covered parking spaces.
b. The property meets or exceeds minimum setbacks required by this title.
c. The reconstructed building does not exceed the maximum height standards
of this title.
d. The number of units on the property shall not exceed the number of units
legally existing at the time of the occurrence, or one unit for each 950 square
feet of lot area, whichever is less. For the purpose of calculating density, all
fractions of units shall be rounded to the next highest whole number.
7
2. Reconstruction Pursuant to Minor Use Permit. If the owner is unable to provide
the minimum number of required parking spaces, the planning commission may
issue a minor use permit pursuant to Chapter 11.5.20: Development Permits, to
reconstruct the damaged structure, provided:
a. The owner provides a minimum of one standard, open and accessible
covered parking space for each unit. Tandem spaces existing at the time of the
occurrence shall be restored, but interior spaces shall not be counted in
satisfying the requirement of one space per unit.
b. The property meets or exceeds minimum setbacks required by this title.
c. The reconstructed structure does not exceed the maximum height
standards of this title.
d. The number of units on the property shall not exceed the number of units
legally existing at the time of the occurrence, or one unit for each 950 square
feet of lot area, whichever is less. For the purpose of calculating density, all
fractions of units shall be rounded to the next highest whole number.
3. General Provisions. In addition to the specific provisions of paragraphs 1 and 2,
above:
a. There shall be no increase in the habitable area, unless this title allows
additional habitable space.
b. There shall be no increase in the number of units, unless this title allows
additional units.
c. No units measuring less than 500 square feet may be restored unless the
director makes the following findings:
i. All units and rooms meet the minimums established for residential
occupancies under the California Building Code.
ii. All feasible area has been utilized to enlarge substandard units, given
the availability and location of space on the site, or the constraints imposed
by parking requirements and the existing sound primary structure.
iii. In the case of a junior accessory dwelling unit, prior to the event
causing the damage, the subject unit complied with the minimum and
maximum size requirements of section 11.4..05.115 of this code.
d. Any entitlement conferred by a permit issued pursuant to this section shall
expire if reconstruction does not commence within one year from the date of
issuance, in which case the nonconforming structure or use shall be considered
abandoned and subject to Section 11.4.40.045: Abandonment of
8
Nonconforming Uses; Conditional Use Permit for Reestablishment of
Abandoned Uses.
e. The building official shall determine replacement cost, using valuation
methods adopted by the building official. If the property owner disputes the
building official's determination, the owner may, at its own cost, hire a licensed
appraiser, approved by the building official, to determine replacement cost.
Section 10. Section 11.4.40.075 (Replacement of Residential Structures
Nonconforming Due to Density) is hereby added to Chapter 11.4.40 (Nonconforming Uses,
Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code to read as
follows:
"11.4.40.075 Replacement of Residential Structures Nonconforming Due to Density.
A. Replacement of a residential structure nonconforming due to density through a
director's review. Except as otherwise provided in subsection B of this section, residential
structures nonconforming due to density may be demolished and replaced by a residential
structure(s) with the equivalent number of dwelling units and with the same number and
type of parking spaces that were provided prior to the demolition. Nonconforming aspects
of the original structure, such as height and setbacks, may be reestablished only if
necessary to provide the equivalent number of dwelling units and parking spaces that
were previously provided, as determined by the director. However, any nonconformity
that was not present prior to the demolition shall not be permitted. Any expansion beyond
what was originally existing shall be consistent with current development standards
including, but not limited to height, setbacks, and lot coverage.
B. Replacement of vacant or occupied protected units in residential structure
nonconforming due to density through a director's review. If a proposed project will require
the demolition of one or more occupied or vacant protected units (as defined in
Government Code Section 66300.5), the proposed demolition and replacement of
protected units will be reviewed in accordance with Government Code Sections 66300.5
and 66300.6, as may be amended from time to time
Section 11. Subsection 11.2.05.015.A.7.g. (Standards for Surfside General
Requirements — Nonconforming Building Expansions) of Section 11.2.05.015
(Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 (Zoning) of
the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
"g. Nonconforming building expansions. General renovation and structural
additions to nonconforming buildings may be approved pursuant to Chapter
11.4.40: Nonconforming Uses, Structures, and Lots, provided:
i. No bedrooms or other living quarters are being added;
9
ii. The only rooms being added are bathrooms, storage closets,
closets or enlargements of existing rooms;
iii. The building provides at least one conforming parking space.
Section 12. Section 11.5.30.010 (Review Authority) of Chapter 11.5.30
(Reasonable Accommodations) of Title 11 (Zoning) of the Seal Beach Municipal Code is
hereby amended in its entirety to read as follows:
"11.5.30.010 Review Authority.
The director is designated to approve, conditionally approve, or deny all applications for
a reasonable accommodation."
Section 13. Subsection 11.5.30.020.A (Planning Commission to Decide) of
Section 11.5.30.020 (Decision) of Chapter 11.5.30 (Reasonable Accommodations) of Title
11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as
follows:
"A. Director to Decide. The director shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and the
modification or revocation thereof in compliance with subsection B of this section. The
reasonable accommodation request shall be subject to appeal procedures prescribed in
Section 11.5.25.025.
Section 14. Table 11.2.05.015 (Development Standards for Residential Districts)
of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts)
of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to
read as follows:
Table 11.2.05.015 Development Standards For Residential Districts
RMD- RHD- RHD- RHD- Supplemental
RLD-9 RLD-15 18 20 33 46 Regulations
Density/Intensity of Use - Lot Dimensions
Maximum Density 1 unit 1 unit 1 unit 1 unit 1 unit 1 unit See
per per per per per per 960 Section 11.4.05.1
5,000 3,000 2,500 2,178 1,350 sq. ft. 15 for Accessory
sq. ft. of sq. ft. of sq. ft. sq. ft. sq. ft. of lot Dwelling Unit
lot area, lot area, of lot of lot of lot area standards. See
plus an plus an area area area subsection A for
"Access "Access Surfside
ory ory Standards
Dwelling Dwelling
Unit" Unit"
10
Table 11.2.05.015 Development Standards For Residential Districts
RMD- RHD- RHD- RHD- Supplemental
RLD-9 RLD-15 18 20 33 46 Regulations
Maximum Density See
with State Chapter 11.4.55:
Affordable Affordable
Housing Bonus Housing Bonus
(du/ac)
Minimum Lot Area (sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
See
Section 11.4.05.1
15 for Accessory
Dwelling Unit
standards.
Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
See
Section 11.4.05.1
15 for Accessory
Dwelling Unit
standards.
Nonresidential 10,000 10,000 10,000 10,000 10,000 10,000
Uses
Minimum Lot Size (ft.)
Interior Lots 50 x 100 30 x 80 50 x 25 x 50 x 50 x (W)
100 100 100 100
Corner Lots 55 x 100 35 x 80 50 x 25 x 55 x 55 x (W)
100 100 100 100
Minimum Floor Area (sq. ft.)
Primary Dwelling 1,200 1,200(E) 950 950 950 950
Unit
Junior Accessory 150 150 150 150 150 150
Dwelling Unit
1-Bedroom 400 400 400 400 400 400
Accessory
Dwelling Unit
2+-Bedroom 600 600 600 600 600 600
Accessory
Dwelling Unit
Maximum Floor Area for Accessory Dwelling Units (sq. ft.)
Junior Accessory 500 500 500 500 500 500
Dwelling Unit
Detached 1,200 1,200 1,200 1,200 1,200 1,200
Accessory (L-4) (L-4) (L-4) (L-4) (L-4) (L-4)
Dwelling Unit
11
Z1.
o} o} }ou) (14)
(M)(3)(0)(v) S£ 9£ }ou) 9Z (0) (3)9Z (0)(v)9Z }y6!9H wnw!xew
s}y6!9H
(3) saA saA saA saA SaA saA euoZ poo1d
ado!anu3 6u!pi!n8 u!e!N
/Ca!!e
ay}40
4}p!M
snU!w
14 VZ
/ca!!e
/Came /Celle ue 6
ay}}o ay}}o u!}}nge
U}P!M 1111D!M Uaq-IM
snu!w snu!w }nq
(M)(3) i VZ VZ 5 (3) 06 JeaH
wn wn wn wn w
w!xew wixew wixew w!xew nwixew
.1401 1401. 1401. .4101. '1401.
'4}p!M `y}p!M `g1p!M `y}p!M 'y}p!M
}off }o! }off }o! }off wnwiui!N
(M)(3) Jo %91. Jo %91. Jo %9 6 40 %91. (3) Jo %9 I. - ap!g JaUJo3
111
wn wn wn wn
w!xew wixew wixew wlxew
�l '14 14
01. !w 01. `w 01 `w 01, :w
nw!u!w nw!u!w nwiuiw nw!uiw
'14 £ .14 £ 14 £ '14 £
`y}p!M 'q}p!M `41p!M 'y}p!M
101 101 }o! }o! wnwiu!W
(M)(3)(a)(d) 40 %01. Jo %06 Jo %06 Jo %01. (3) (a)(v) - ap!g Joua}u!
9W 9w
nw!u!w nw!u!w
!Z1. a !Z1. a
Z-� !(M)(3)(a) 81. 86 6eiany 6eJany (3) (a) wnw!u!w - luau
('}}) spaeA wnw!uwil
uo!}soon pue WJo3 6u!p!!n8
spaepue}g
(a) saA seA saA saA saA saA }off paepue}sgnS
(%) a6eJeno0
(M)(8) 08 09 (8)9L 09 L9 (8) }off wnw!xew
}!ufl 6u!!IaMa
(p-1) (17-1) (it-1) (ti-l) (j7-1) AJosseooy
£-1 00Z`1. 00Z`6 OOZ`6 00Z`6 00Z`6 00Z`6 pagoe}}`d
suo!}e!n6aa 9ti CC OZ 86 96-a�b 6-a12!
!e}uawaiddng -aH2i -QH21 -OH -OW21
s}o!J}s!a !enuap!saa pod spiepue}g}uawdo!anea g 10107'6 b almei
Table 11.2.05.015 Development Standards For Residential Districts
RMD- RHD- RHD- RHD- Supplemental
RLD-9 RLD-15 18 20 33 46 Regulations
exceed exceed
2 2
stories) stories)
Maximum Height 6 6 6 6 6 6 (H)
of Downslope
Skirt Walls (ft.)
Projections Yes Yes(E) Yes Yes Yes Yes (I)(E)(W)
Minimum Distance 6 6 6 6 6 10-20 (J)
Between Buildings
on the Same Lot
(ft.)
Minimum Court — — — — 15 15"
Dimensions (ft.)
Building Design
Exterior Stairways Yes Yes Yes Yes No No L-1
Prohibited
Porches Yes — — Yes — — (K)
Vehicle Accommodation
Off-Street Parking See Chapter 11.4.20: Off-Street Parking and Loading
and Loading
Maximum Number 1 (L) 1 1 1 1 1 (L)
of Curb Cuts for
Driveway
Maximum Width 18 — — — — — (M)
of Driveway (ft.)
Limitations on Yes Yes Yes Yes Yes Yes (N)
Parking and
Garage Frontage
Landscaping and Open Space
Minimum 50/50 50/50 50/50 50/50 50/50 50/50 (0)
Permeable
Surface/Maximum
Paving in Street-
Facing Yards (%)
Minimum Site 25 15 (E) 15 Yes 15 15 (E), (P); See
Area Devoted to also Section
Landscaping (%) 11.4.30.015
Planting Required Yes Yes Yes Yes Yes Yes (Q)
on Downslope
Lots
Pedestrian — — Yes Yes Yes Yes (R)
Walkways
13
Table 11.2.05.015 Development Standards For Residential Districts
RMD- RHD- RHD- RHD- Supplemental
RLD-9 RLD-15 18 20 33 46 Regulations
Other Development Standards
Accessory Yes Yes Yes Yes Yes Yes See Section
Structures 11.4.05.100;
(W)
2-Story — — — — Yes — (S)
Cabanas/Manufac
tured Homes
Roof Decks Yes — Yes Yes Yes Yes (T)
Solar Access Yes Yes Yes Yes Yes Yes See Section
11.4.10.045
Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter
11.4.15
General Site See Chapter 11.4.10: General Site Standards
Standards
Landscaping and See Chapter 11.4.30: Landscaping and Buffer Yards
Buffer Yards
Signs See Chapter 11.4.25: Sign Regulations
Nonconforming See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Structures
Coastal See Chapter 11.4.35: Coastal Development Permit
Development
Permit
Reasonable See Chapter 11.5.30: Reasonable Accommodations
Accommodations
Notes:
L-1: Exterior stairways providing access from the ground level and/or the first floor to the
second floor or above are prohibited when such stairways are not specifically required by
the California Building Code. Exterior stairways may be permitted through the building permit
process in the RLD-9 district on properties with a second story kitchen existing as of March 9,
1998. In such a case, a covenant shall be recorded on the title of the property stipulating the
property is to be used only as a single-unit dwelling. Exception #1: Exterior stairways may be
permitted on single-unit dwellings located within identified flood zones upon approval of an
administrative use permit pursuant to Chapter 11.5.20: Development Permits. Exception #2:
Exterior stairways may be permitted on a residential lot to provide ingress and egress to an
accessory dwelling unit or junior accessory dwelling unit constructed in accordance with
Section 11.4.05.115 of this title.
L-2: Refer to Appendix A- City Council Approved Blanket Setback Variances.
L-3: As used in this section, "living area" means the interior habitable area of a
dwelling unit including basements and attics but does not include a garage or any
accessory structure.
14
Notes:
L-4: 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.
Section 15. Subsection 11.2.05.015.0 (Minimum Permeable Surfaces) of
Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts)
of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to
read as follows:
"O. Minimum Permeable Surface—Maximum Paving in Street Facing Yards. A
minimum of 50% of the required street facing yards shall have a permeable surface
that permits water absorption directly into the soil. No more than 50% of the required
front or corner side yard may be covered with a paved surface."
Section 16. Subsection 11.4.05.100.E (Driveways, Walkways, and Patios) of
Section 11.4.04.100 (Residential Accessory Uses, Structures, and Vehicle Parking) of
Chapter 11.4.05 (Standards for Specific Uses) of Title 11 (Zoning) is hereby amended in
its entirety to read as follows:
"E. Driveways, Walkways, and Patios. Driveways, walkways, patio slabs, and other
areas paved with concrete, asphalt or similar materials, and wooden decks, may be
placed in up to 50% of the area within any required setback, provided that the
structures do not exceed a height of 12 inches. This requirement does not exclude
the use of steps providing access between areas of different elevation on the same
site. At least 50% of all setback areas shall consist of permeable surface.
Section 17. 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:
"Section 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
15
definitions and the definitions contained in Section 11.6.05.010 or any other
provisions of this code, the following definitions shall take precedence.
"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.
"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.
"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.
"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.
"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.
"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.
"Livable space" means a space in a dwelling intended for human habitation, including
living, sleeping, eating, cooking, or sanitation.
"Living area" means the interior habitable area of a dwelling unit, including basements
and attics, but does not include a garage or any accessory structure.
"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.
"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.
"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.
16
"Nonconforming zoning condition," for purposes of this section only, means a physical
improvement on a property that does not conform with current zoning standards.
"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.
"Public transit," has the meaning ascribed in Government Code Section 66313(1), as
the same may be amended from time to time.
"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.
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
111 use. A JADU shall only be allowed within an existing or proposed single family
dwelling. An application for zoning conformance review shall be submitted to
the Community Development Department on the City-approved form
concurrently with the building permit application, for confirmation of single-
family or multifamily zoning by the director or designee.
2) Building Permit. A building permit application is required to be filed with the
Building and Safety Division. Approval of a building permit is required for
construction of an ADU, and all accessory dwelling units and junior accessory
dwelling units shall comply with all applicable Building Code requirements.
3) 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
17
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 2020.
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, 2020, 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, 2020, 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. Subject to subdivision (c), upon receiving an application to permit a
previously unpermitted accessory dwelling unit or junior accessory dwelling
unit constructed before January 1, 2020, an inspector from the local agency
may inspect the unit for compliance with health and safety standards and
provide recommendations to comply with health and safety standards
necessary to obtain a permit. If the inspector finds noncompliance with
health and safety standards, the local agency shall not penalize an applicant
for having the unpermitted accessory dwelling unit or junior accessory
dwelling unit and shall approve necessary permits to correct noncompliance
with health and safety standards.
e. Notwithstanding any other provision of this Section, Subsections (a)through
(d) shall not operate to legalize any nonconforming conditions, Building
Code violations or unpermitted structures, and shall not prevent the City
from requiring compliance with all applicable Code provisions when
reviewing an application related to a primary dwelling unit or other
accessory structure that does not include an ADU or JADU.
D. Statewide Exemption ADUs.
18
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.
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".
19
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 eight detached ADUs located on
a lot that has an existing multifamily dwelling. However, the number
of accessory dwelling units allowable pursuant to this clause shall
not exceed the number of existing units on the lot. These ADUs are
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.
E. 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
20
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. 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.
F. 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:
21
a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the 111
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 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.
22
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.
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
23
coverage, floor area ratio, open space, and front yard setback requirements
for the underlying zone shall apply.
f) 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.
g) Fire sprinklers. ADUs are required to provide fire sprinklers if required for
the Primary Dwelling.
h) 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 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.
24
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 a garage, carport, covered parking structure, or uncovered parking
space is demolished in conjunction with the construction of an accessory
dwelling unit or converted to an accessory dwelling unit, the local agency
shall not require that those offstreet parking spaces be replaced as long as
the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes,
but is not limited, to recreational vehicles, campers, camping trailers and
mobile/motor homes.
G. Standards for JADUs. In accordance with the standards set forth in Government
Code Section 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.
H. No Separate Conveyance. Except as otherwise required by Government Code
Section 66341, the ADU or JADU shall not be sold, transferred, or assigned
25
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.
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 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.
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.
J. 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.
K. 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
26
severity zones, which may be characterized by steeper terrain, larger and denser
fuels, fuels that are highly volatile, and subject to frequent fires. Clearing
requirements shall meet the State's "General Guidelines for Creating Defensible
Space."
Section 18. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each section, subsection,
subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words
or portions thereof be declared invalid or unconstitutional.
Section 19. Certification. The City Clerk shall certify the passage and adoption
of this Ordinance and shall cause the same to be published or posted in the manner
required by law.
Section 20. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on
the 12th day of November 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach
this 9th day of December 2024.
AYES: Council Members: Kalmick, Moore, Steele, Landau. Sustarsic
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Schelly Su arsic, Mayor
-1.3-rakc‘
16
A T. �\`��NcoRPo: ,�
•� .may �. '�
Gloria Har r, City Clerk
"TYW.
27
I
APPROVED AS TO FORM:
G
is olas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance 1716 was introduced for first reading at a regular meeting held on
the 12th day of November 2024, and was passed, approved, and adopted by the City
Council at a regular meeting held on the 9th day of December 2024, and do hereby further
certify that the Ordinance has been published pursuant to the Seal Beach Charter and
Res lution umber 2836.
oria D. H pe , y Clerk
I
28