HomeMy WebLinkAboutPacket_11122024 A G E N D A
MEETING OF THE CITY COUNCIL
Tuesday, November 12, 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.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
PRESENTATIONS / RECOGNITIONS
•National Nurse Practitioner Week – November 10-16, 2024
•Recognition of Police Officer Ryan Corbin
•Orange County Sanitation District Construction Update by Director of
Engineering Mike Dorman
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.
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, Interim 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 October 28, 2024 City Council Minutes - That the City
Council approve the minutes of the Closed Session and Regular City Council
meeting held on October 28, 2024.
B.Demand on City Treasury (Fiscal Year 2025) - Ratification.
C.Monthly Investment Report (November 12, 2024) - Receive and file.
D.Report of City Manager and Department Heads Authorized Contracts -
That the City Council receive and file the report.
E.Approving Submittal of FY 2024-25 Measure M2 Eligibility Seven-Year
Capital Improvement Program Amendment - That the City Council approve
the submittal of the City’s amended seven-year Measure M2 Capital
Improvement Program (CIP) for FY 2024-25 through FY 2030-31.
F.Establishing the Regular Meeting Time of the Environmental Quality
Control Board - That the City Council approve Resolution 7574 establishing
the third Wednesday of the month at 6:15 p.m. as the regular meeting time for
the Environmental Quality Control Board.
G.Professional Services Agreement with Michael Baker International for
the Completion of the Local Coastal Program - That the City Council adopt
Resolution 7575: 1. Approving a Professional Services Agreement between
the City of Seal Beach and Michael Baker International, Inc., for the City’s
Local Coastal Program update for an amount not-to-exceed $450,000 for the
contract term; and, 2. Authorizing and directing the City Manager to execute
the Agreement.
H.Amendment to the Professional Services Agreement with Stantec
Consulting Services, Inc. - That the City Council adopt Resolution 7576: 1.
Approving Amendment 1 to the Professional Services Agreement with Stantec
Consulting Services, Inc., to approve an increase in compensation of $67,000
for scope amendments, for a revised total not-to-exceed amount of $459,254,
a contingency amount of $19,613, and a six-month extension to expire on
September 30, 2025; and, 2. Directing the City Manager to execute
Amendment 1 on behalf of the City.
I.Notice of Completion for the Beverly Manor Well Rehabilitation, CIP
WT0904 - That the City Council adopt Resolution 7577: 1. Accepting the
Beverly Manor Well Rehabilitation, CIP WT0904, by General Pump Company,
Inc., in the amount of $674,360; 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.
J.Awarding and Authorizing a Professional Services Agreement with
Stantec Consulting Services, Inc., for the San Gabriel River Trash
Mitigation Initiative Feasibility Study - That the City Council adopt
Resolution 7578: 1. Approving and awarding a Professional Services
Agreement with Stantec Consulting Services, Inc., in a not-to-exceed amount
of $349,933 to provide research, analysis, and support services for the San
Gabriel River Trash Mitigation Initiative Feasibility Study; and, 2. Authorizing
and directing the City Manager to execute the Professional Services
Agreement.
K.Notice of Completion for Pier Restroom Renovation Project, CIP BP2202
- That the City Council adopt Resolution 7579: 1. Accepting the Pier Restroom
Renovation Project, CIP BP2202, by R Dependable Const Inc., in the amount
of $261,070.08; 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.
L.Approving and Authorizing the City Manager to Execute an Agreement
with Michael Baker International for the Five-Year Update to the Seal
Beach Local Hazard Mitigation Plan Pursuant to the Federal Emergency
Management Association Hazard Mitigation Grant Program - That the City
Council adopt Resolution 7580: 1. Approving the contract documents for the
City of Seal Beach Local Hazard Mitigation Plan Five-Year Update; and, 2.
Approving and awarding a Professional Services Agreement to Michael Baker
International in the amount of $118,530; and, 3. Authorizing and directing the
City Manager to execute a Professional Services Agreement with Michael
Baker International; and, 4. Rejecting all other proposals.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
M.Zone Text Amendment 24-03 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 to
Residential Front Yard Permeable Surface Requirements, and Updates to
the Accessory Dwelling Unit Standards Pursuant to Senate Bill 1211 and
Assembly Bill 2533 (Statute of 2024) - That the City Council: 1. Conduct a
public hearing to receive input and consider the Planning Commission’s
recommendation to approve Ordinance 1716, adopting Zone Text Amendment
24-03; and, 2. Introduce, waive full reading, and read by title only, Ordinance
1716, amending portions of Title 11 of the Seal Beach Municipal Code
pertaining to nonconforming residential structures, reasonable
accommodations, residential permeable surface requirements, and accessory
dwelling units, and finding the proposed ordinance exempt from the California
Environmental Quality Act (CEQA).
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS
N.Hearing to Consider Customer Appeal of Water Bill at 315 Central
Avenue - That the City Council conduct a hearing regarding a disputed water
bill for the billing period covering March 27, 2024 - May 29, 2024. After
considering the evidence presented by the appellant and staff, staff
recommends that the City Council deny the appeal and uphold the charges.
ADJOURNMENT
Adjourn the City Council to Monday, December 12, 2024 at 5:30 p.m. to meet in closed
session, if deemed necessary.
Note: The November 25, 2024 City Council meeting has been cancelled.
Agenda Item A
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Gloria D. Harper, City Clerk
SUBJECT:Approval of the October 28, 2024 City Council Minutes
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the minutes of the Closed Session and Regular City
Council meeting held on October 28, 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 Closed Session and Regular City
Council meeting held on October 28, 2024.
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SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
ATTACHMENTS:
A. Minutes – Closed Session, October 28, 2024
B. Minutes – Regular Session, October 28, 2024
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Seal Beach, California
October 28, 2024
The City Council met in Closed Session at 5:30 p.m. in the City Hall Conference Room.
ROLL CALL
Present: Mayor Sustarsic
Council Members: Moore, Landau, Kalmick, Steele
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Patrick Gallegos, Assistant City Manager
Alexa Smittle, Director of Community Development
Iris Lee, Director of Public Works
Gloria D. Harper, City Clerk
ORAL COMMUNICATIONS
Mayor Sustarsic opened oral communications. Speakers: Rosie Ritchie. Mayor Sustarsic
closed oral communications.
CLOSED SESSION
A. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): 2
potential cases
B. Conference with Legal Counsel
Existing Litigation Pursuant to Government Code Section 54956.9(d)(1)
Beach House at the River, LLC v. City of Seal Beach
Orange County Superior Court Case No. 30-2023-01314997-CU-MC-CJC
Mayor Pro Tem Landau recused herself from the meeting prior to the discussion of
Item B.
ADJOURNMENT
Mayor Sustarsic adjourned the Closed Session meeting at 6:58 p.m.
Gloria D. Harper, City Clerk
City of Seal Beach
Approved:
Schelly Sustarsic, Mayor
Attested:
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Gloria D. Harper, City Clerk
SUBJECT:Report of City Manager and Department Heads Authorized
Contracts
_______________________________________________________________
SUMMARY OF REQUEST:
That the City Council receive and file the report.
BACKGROUND AND ANALYSIS:
In an effort to further increase transparency, the City Manager provides a quarterly
report to the City Council that identifies all contracts executed by the City Manager.
The City Manager has the authority to approve and execute contracts up to the
amount of $40,840.
Seal Beach Municipal Code Section 3.20.005 authorizes the City Manager to
delegate spending authority to Department Heads. For departments other than
the Director of Public Works and the Director of Finance/City Treasurer, this
authority shall not exceed $15,000 per purchase or contract. For the Director of
Public Works, the limit is established per the City’s Charter Section 1010. For the
Director of Finance/City Treasurer, other than for Finance Department
expenditures which are set at $15,000, there is additional authority to authorize
purchases for City Departments up to the City Manager’s established contract
signing authority.
Below is a list of contracts executed by the City Manager and Department Heads
for the period of July 1, 2024 – September 30, 2024:
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AGREEMENT
DATE
DEPARTMENT VENDOR AMOUNT PURPOSE EXPIRATION
DATE
04/16/2024 City Manager Municipal
Resource Group,
LLC
$17,500 City Manager
Evaluation
09/30/2024
06/01/2024 City Manager Chris Failla (See
the Human, LLC)
$15,000 Conduct Off-Site
Workshop
06/07/2024
07/12/2024 Public Works Tesco Controls,
LLC
$12,000 Pump Control
Maintenance and
Repair Services
07/01/2025
08/28/2024 Public Works Scott Smith $26,000 Professional
Maintenance and
Project
Management
Services
12/31/2024
09/03/2024 Public Works Silsby Strategic
Advisors, Inc.
$ 25,000 Strategic Support
Services
06/30/2025
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 sufficient funding available in the Fiscal Year 2024-2025 budget.
However, as with all City Council approved contracts, all contracts executed under
staff’s contracting authority are processed internally with review and approval by
the City Attorney, Director of Finance, City Manager, and City Clerk.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council receive and file the report.
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SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Patrick Gallegos
Gloria D. Harper, City Clerk Patrick Gallegos, Interim City Manager
Prepared by: Brandon DeCriscio, Deputy City Clerk
Agenda Item E
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Approving Submittal of FY 2024-25 Measure M2 Eligibility
Seven-Year Capital Improvement Program Amendment
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve the submittal of the City’s amended seven-year
Measure M2 Capital Improvement Program (CIP) for FY 2024-25 through
FY 2030-31.
BACKGROUND AND ANALYSIS:
In November 1990, the voters of Orange County approved Measure M, the
Revised Traffic Improvement and Growth Management Ordinance. Measure M
created a fund for transportation improvements to mitigate traffic impacts
generated by existing and proposed development. Measure M authorized the
imposition of an additional half-cent retail transaction and use tax for a period of
twenty (20) years. In November 2006, Measure M was renewed by the voters of
Orange County for an additional thirty (30) years and is now referred to as Measure
M2.
Funds identified as Measure M2 “Fairshare” funds are used on local and regional
transportation improvement and maintenance projects. Other Measure M2 funds,
for transportation related projects, are made available through several competitive
programs included in the Comprehensive Transportation Funding Program
(CTFP).
To be eligible to receive Measure M2 “Fairshare” and CTFP funds, the local
jurisdiction must meet compliance standards as set forth by Orange County
Transportation Authority (OCTA) every year. The compliance standards generally
include:
1. Comply with the conditions and requirements of the Orange County
Congestion Management Program.
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2. Establish a policy which requires new development to pay its fair share of
transportation-related improvements associated with their new
development.
3. Adopt a General Plan Circulation Element consistent with the County’s
Master Plan of Arterial Highways (MPAH).
4. Adopt a seven-year Capital Improvement Program (CIP) that includes all
transportation projects funded partially or wholly by Measure M2 dollars.
5. Adopt and adequately fund a biennial Local Pavement Management Plan
(PMP).
6. Adopt and provide an annual Expenditure Report to OCTA.
7. Provide the OCTA with a Project Final Report within six (6) months following
completion of a project funded with Net Revenues.
8. Satisfy Maintenance of Effort (MOE) Requirements.
9. Agree to expend all Measure M2 revenues within three (3) years of receipt.
10. Consider, as part of the General Plan, land use and planning strategies that
accommodate transit and non-motorized transportation.
11. Adopt and comply with a Local Signal Synchronization Plan (LSSP).
All of these items must be maintained to retain eligibility. Not all of the requirements
are needed every year. Items must be renewed or resubmitted annually, biennially
or every three (3) years. The City submitted its eligibility package to OCTA, which
was due by June 30, 2024, and included the following:
1. Measure M2 specific seven-year Capital Improvement Program
2. Maintenance of Effort Reporting Form
3. General Plan Compliance Documentation
4. Measure M2 Eligibility Checklist
5. Pavement Management Plan Update
During OCTA’s review of the City’s eligibility package, it was noted that the City
excluded the OCTA Project X grant-funded 2022 Environmental Cleanup Project
(CIP SD2201) from the seven-year CIP list. Although the project has been
completed and accepted, OCTA reimbursement has not been issued to the City.
OCTA is now requesting the City to amend the seven-year CIP to include this
project.
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ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that the submittal of the Measure M2 Eligibility seven-year CIP
Amendment will not have a significant effect on the environment.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
While there is no financial impact associated with amending the seven-year CIP
M2 eligibility document, failure to do so may forfeit the 2022 Environmental
Cleanup Project grant reimbursement of approximately $344,000.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the submittal of the City’s amended seven-year
Measure M2 Capital Improvement Program (CIP) for FY 2024-25 through
FY 2030-31.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
Prepared by: David Spitz, P.E. Associate Engineer
ATTACHMENTS:
A. Measure M2 Seven-Year Capital Improvement Program for Fiscal Year
2024-25 through 2030-31 Amendment
Agenda Item F
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Alexa Smittle, Community Development Director
SUBJECT:Establishing the Regular Meeting Time of the
Environmental Quality Control Board
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council approve Resolution 7574 establishing the third Wednesday
of the month at 6:15 p.m. as the regular meeting time for the Environmental Quality
Control Board.
BACKGROUND AND ANALYSIS:
Currently, the Environmental Quality Control Board’s (EQCB) regularly scheduled
meeting is on the fourth (4th) Wednesday of the month at 6:00 p.m. However, this
is also the day and time of the monthly Recreation and Parks Commission, which
presents several logistical challenges including (a) the location of the meetings,
which are both typically held in Council Chambers, and (b) the ability of the public
and staff to attend both meetings if needed or desired.
Pursuant to Municipal Code Section 3.10.005, the EQCB may approve a resolution
setting the day and time for its regular meetings, which the City Council then may
approve or reject. At the October 16, 2024 meeting, the EQCB voted unanimously
to approve Resolution 24-2 to establish a new regular meeting time of 6:15 p.m.
on the third (3rd) Wednesday of the month. Staff recommends the City Council
concur with the selection of the EQCB, adjusting the meeting time.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
This item has been reviewed as to form.
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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 Resolution 7574 establishing the third Wednesday
of the month at 6:15 p.m. as the regular meeting time for the Environmental Quality
Control Board.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City Manager
ATTACHMENTS:
A. Resolution 7574
B. Resolution 24-02 of the EQCB
RESOLUTION 7574
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
A REGULAR MEETING TIME FOR THE SEAL BEACH
ENVIRONMENTAL QUALITY CONTROL BOARD
WHEREAS, Municipal Code Section 3.10.005 Environmental Quality Control Board
states that board meetings shall be held once per month on a day and at a time fixed by
board resolution and confirmed by the city council; and,
WHEREAS, the Environmental Quality Control Board meetings are currently held on the
fourth Wednesday of the month at 6 p.m.; and,
WHEREAS, the Parks and Recreation Commission of the City of Seal Beach holds
monthly meetings at the same date and time; and,
WHEREAS, the Environmental Quality Control Board took action to resolve this conflict
by approving EQCB Resolution 24-2 on October 16, 2024, establishing a new regular
meeting time of the third Wednesday of the month at 6:15 p.m.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. The City Council hereby approves the new regular meeting time of 6:15
p.m. on the third Wednesday of the month for the Environmental Quality
Control Board.
Section 2. The Council hereby directs the City Manager or designee to take all
necessary steps to implement the new regular meeting time.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 12th day of November 2024 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Schelly Sustarsic, Mayor
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ATTEST:
Gloria D. Harper, City Clerk
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 resolution is the original copy of Resolution 7574 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 12th day of November 2024.
Gloria D. Harper, City Clerk
RESOLUTION 7575
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR THE COMPLETION OF THE LOCAL COASTAL
PROGRAM IN AN AMOUNT NOT TO EXCEED $450,000
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
WHEREAS, the City of Seal Beach desires to develop a Local Coastal Program (LCP);
and,
WHEREAS, the City commenced the LCP preparation and authorized a Professional
Services Agreement with Michael Baker International for its development; and,
WHEREAS, the City was awarded a $500,000 planning grant from the California Coastal
Commission to continue work on the LCP; and,
WHEREAS, Michael Baker International is best qualified to finalize the LCP and assist
the City in obtaining LCP certification from the Coastal Commission; and,
WHEREAS, the California Coastal Commission grant will fund the entirety of the
Professional Services Agreement.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves the Professional Services Agreement
between the City of Seal Beach and Michael Baker International, Inc. for the
completion of the City’s LCP in an amount not-to-exceed $450,000.
Section 2. The City Manager is hereby authorized to execute the Agreement on behalf
of the City and any amendments or extensions thereafter.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the 12th day of November 2024 by the following vote:
AYES: Council Members __________________________________
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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Schelly Sustarsic, Mayor
ATTEST:
Gloria D. Harper, City Clerk
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 resolution is the original copy of Resolution 7575 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 12th day of November 2024.
Gloria D. Harper, City Clerk
Agenda Item H
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Alexa Smittle, Community Development Director
SUBJECT:Amendment to the Professional Services Agreement with
Stantec Consulting Services, Inc.
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7576:
1. Approving Amendment 1 to the Professional Services Agreement with
Stantec Consulting Services, Inc. to approve an increase in compensation
of $67,000 for scope amendments, for a revised total not-to-exceed amount
of $459,254, a contingency amount of $19,613, and a six-month extension
to expire on September 30, 2025; and,
2. Directing the City Manager to execute Amendment 1 on behalf of the City.
BACKGROUND AND ANALYSIS:
On March 27, 2023, the Seal Beach City Council approved a Professional Services
Agreement (PSA) with Stantec Consulting Services, Inc. to provide environmental
consulting services for the preparation of a Program Environmental Impact Report
(EIR) for the City's General Plan and Zoning Code Updates Project. Since then,
Stantec has been diligently working on the EIR, making significant progress in its
development.
However, the complexity and scope of the project have been evolving due to
changes requested by the California Department of Housing and Community
Development (HCD) to reach substantial compliance for the Housing Element,
requiring additional work be performed. The proposed PSA amendment would
augment the project scope to support the necessary changes, additional meetings,
additional project review, and technical study augmentations. The Amendment
would add an additional $67,000 for a total project budget of $459,254 with a
contingency amount of $19,613. In addition, the Amendment would extend the
contract expiration date by six (6) months, to September 30, 2025, though both
staff and Stantec intend to complete the project by Spring 2025.
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ENVIRONMENTAL IMPACT:
The proposed Agreement is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines which
states that CEQA only applies to projects that have potential for causing a
significant effect on the environment. Approval of the professional services
agreement will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
Approval of this amendment would increase City costs by $67,000. This contract
would continue to be paid for through revenues collected during the building permit
process for General Plan related work. Adequate funding is available through the
FY 2024-25 Adopted City Budget.
STRATEGIC PLAN:
The City Council previously established adoption of the Housing Element as a
strategic priority. This contract is in furtherance of that effort.
RECOMMENDATION:
That the City Council adopt Resolution 7576:
1. Approving Amendment 1 to the Professional Services Agreement with
Stantec Consulting Services, Inc. to approve an increase in compensation
of $67,000 for scope amendments, for a revised total not-to-exceed amount
of $459,254, a contingency amount of $19,613, and a six-month extension
to expire on September 30, 2025; and,
2. Directing the City Manager to execute Amendment 1 on behalf of the City.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City Manager
Prepared by: Megan Coats, Management Analyst
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ATTACHMENTS:
A. Resolution 7576
B. Amendment 1 to the Professional Services Agreement with Stantec
C. Original Professional Services Agreement with Stantec
RESOLUTION 7576
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AND AUTHORIZING AMENDMENT 1 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH
STANTEC CONSULTING SERVICES, INC. INCREASING
TOTAL COMPENSATION BY $67,000 AND EXTENDING
THE DURATION BY SIX MONTHS
WHEREAS, The City of Seal Beach (City) and Stantec Consulting Services, Inc.
(Consultant) are parties to that certain Professional Services Agreement dated March 15,
2023, for Environmental Consulting Services (collectively the “Agreement”); and,
WHEREAS, the Consultant has been providing services to the City of Seal Beach and
has made significant progress on the Environmental Impact Report (EIR); and,
WHEREAS, City and Consultant have determined that additional time is required to
conduct project meetings, provide extended project management support, and ensure
thorough review and refinement of the EIR and wish to extend the Term of the Agreement
to June 1, 2025; and,
WHEREAS, City and Consultant have determined that $67,000 of additional funding is
necessary to augment components of the EIR, modifications to the project scope of work,
preparation of updated technical studies, review by City staff, and general project
management associated with the preparation of the EIR.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City Council hereby approves to amend the Professional Services
Agreement for Environmental Consulting Services with Stantec Consulting
Services, Inc., as set forth in Exhibit “A”, attached hereto and incorporated
herein by this reference as through set forth in full, extending the Term
through September 30, 2025 and approving an increase in compensation
of $67,000 for the preparation of the EIR document, for a revised total not-
to-exceed amount of $459,254, and a contingency amount of $19,613.
Section 2. The Council hereby directs the City Manager to execute Amendment 1 on
behalf of the City.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 12th day of November 2024 by the following vote:
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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 } SS
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 7576 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 12th day of November 2024.
Gloria D. Harper, City Clerk
RESOLUTION 7577
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE BEVERLY MANOR WELL
REHABILITATION, CIP WT0904
THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The City accepts the completion of the Beverly Manor Well
Rehabilitation (“Project”), CIP WT0904, by General Pump
Company, Inc., in the amount of $674,360 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 12th day of November 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 } SS
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 7577 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 12th day of November 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
July 30, 2024. The work was Beverly Manor Well Rehabilitation, CIP WT0904.
6. The name of the contractor(s), if any, for such improvement was: General Pump Company,
Inc.
7. The date of the Contract Award was October 10, 2022.
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: 3101 North Gate Road,
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: the 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 J
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Awarding and Authorizing a Professional Services
Agreement with Stantec Consulting Services, Inc., for the
San Gabriel River Trash Mitigation Initiative Feasibility
Study
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7578:
1. Approving and awarding a Professional Services Agreement with Stantec
Consulting Services, Inc. in a not-to-exceed amount of $349,933 to provide
research, analysis, and support services for the San Gabriel River Trash
Mitigation Initiative Feasibility Study; and,
2. Authorizing and directing the City Manager to execute the Professional
Services Agreement.
BACKGROUND AND ANALYSIS:
The City of Seal Beach has been experiencing significant trash accumulations on
its public beach, with data indicating an impact of nearly 400 tons per year, not
including trash already collected from area bins and dumpsters. Upon receiving
updates on this issue, Assemblymember Dixon's office convened a working group
made-up of key stakeholders (“Working Group”) including the following entities:
• State Assemblymember’s 69th District and 72nd District
• State Senator District 36
• County of Orange (1st District)
• County of Los Angeles (4th District)
• City of Seal Beach
• City of Long Beach
• Gateway Cities Council of Governments
• California State Coastal Conservancy
• Surfrider Foundation (North Orange County & Long Beach Chapters)
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After comprehensive research efforts were completed and presented to the
Working Group on January 19, 2024, follow-up action items were established and
allocated to various Working Group members. The totality of current and future
associated efforts has been called the San Gabriel River Trash Mitigation Initiative
(“Initiative”). One (1) of the initial actions included the development of high-level
cost estimates to implement a long-term mitigation strategy over various phases
and to identify near-term and future funding sources. The preliminary identified
phases include a Feasibility / Alternative Recommendations Study (“Feasibility
Study”), Final Design, and Implementation to complete the Initiative.
The County of Orange contributed $525,000 in grant funds to kickstart this
important initiative with a focus on the Feasibility Study phase. This phase would
require specialized external resources with unique expertise including coordination
of key stakeholder engagement, background in area flood control facilities,
technical research and data collection, alternatives analyses, and development of
a final report with recommendations. On July 17, 2024, staff issued a Request for
Proposals (“RFP”) for professional services to prepare the San Gabriel River Trash
Mitigation Feasibility Study (“Project”). On September 10, 2024, staff received four
(4) proposals. An evaluation panel consisting of the five (5) entities noted below
reviewed and evaluated the proposals:
• City of Seal Beach
• City of Long Beach
• County of Los Angeles
• County of Orange
• Silsby Strategic Advisors (external technical expert and program manager)
The two (2) highest ranked proposing teams were invited for an interview on
October 10, 2024. Based on the aforementioned, Stantec Consulting Services, Inc.
(“Stantec”) was identified as the most qualified firm for delivering the necessary
services as a result of a multi-step, regionally supported procurement process.
Stantec submitted a proposal in a not-to-exceed negotiated amount of $349,933
to provide professional services to complete the following Feasibility Study tasks:
1. Assessment and Data Collection
2. Technology Research and Impacts
3. Estimate Costs and Identify External Funding
4. Stakeholder Engagement and Industry Outreach
5. Alternatives Analyses and Report Development
6. Project Management
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that approval of a professional services agreement with Stantec
Consulting Services, Inc. will not have a significant effect on the environment.
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Environmental impacts related to the project implementation will be assessed
under a separate effort.
LEGAL ANALYSIS:
The City Attorney has approved the agreement and resolution as to form.
FINANCIAL IMPACT:
Costs associated with the Agreement will be expensed from the San Gabriel River
Trash Mitigation Initiative account, CIP SD2501, that was funded by the County of
Orange’s grant appropriation. Funding has been included in the FY 2024-25
Budget. Any unspent funds will be returned to the original funding source.
The table below represents the estimated breakdown of the cost of services:
Description Amount
Feasibility Study $349,933
Project Budget $349,933
STRATEGIC PLAN:
This item is not applicable to the current Strategic Plan. However, trash collection
issues linked to the San Gabriel River were discussed as a Proposed Strategic
Priority in April of 2023.
RECOMMENDATION:
That the City Council adopt Resolution 7578:
1. Approving and awarding a Professional Services Agreement with Stantec
Consulting Services, Inc., in a not-to-exceed amount of $349,933 to provide
research, analysis, and support services for the San Gabriel River Trash
Mitigation Initiative Feasibility Study; and,
2. Authorizing and directing the City Manager to execute the Professional
Services Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Iris Lee Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
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ATTACHMENTS:
A. Resolution 7578
B. Agreement with Stantec Consulting Services, Inc.
RESOLUTION 7578
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING A PROFESSIONAL
SERVICES AGREEMENT WITH STANTEC
CONSULTING SERVICES, INC., FOR THE SAN
GABRIEL RIVER TRASH MITIGATION INITIATIVE
FEASIBILITY STUDY, CIP SD2501
WHEREAS, representatives of the State of California Assembly, the County of
Orange (“County”), the County of Los Angeles and the Cities of Long Beach and
Seal Beach (“Agencies”) endeavor to enhance cooperative efforts, support
technical feasibility, design, and implementation activities, and identify funding for
the San Gabriel River Trash Mitigation Initiative (“Initiative”); and,
WHEREAS, the Initiative includes program management, project oversight, key
stakeholder engagement, a feasibility / alternative recommendations study phase
(“Feasibility Study”), a final design phase, an implementation phase, and
operational beach clean-up efforts for the public beach owned and maintained by
the City of Seal Beach (“City”); and,
WHEREAS, the County has transferred grant funding in the amount of $525,000
to the City for executing associated Initiative efforts including program
management, project oversight, key stakeholder engagement, the Feasibility
Study phase, and operational beach clean-up efforts for the public beach owned
and maintained by the City; and collaborate in good faith in the delivery of these
outlined responsibilities; and,
WHEREAS, on March 25, 2024, City Council adopted Resolution 7499 accepting
$525,000 of grant funding from the County of Orange and authorizing the City
Manager to execute applicable actions associated with the Initiative; and,
WHEREAS, on July 17, 2024, the City issued a Request for Proposals (“RFP”)
titled San Gabriel River Trash Mitigation Feasibility Study (CIP SD2501); and,
WHEREAS, on September 10, 2024, the City received four (4) proposals from
qualified professional services firms in response to the RFP, an evaluation panel
reviewed and ranked the proposals, interviews were conducted with the two
highest ranked firms, and the evaluation panel recommended the top-ranked firm;
and,
WHEREAS, based on review of the top-ranked consultant firm qualifications,
familiarity with area flood control facilities, and experience with similar coastal trash
mitigation projects, Stantec Consulting Services, Inc. (“Stantec”) was identified as
the most qualified firm for the Feasibility Study; and,
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WHEREAS, Stantec submitted a proposal in an negotiated not-to-exceed amount
of $349,933 to prepare the Feasibility Study; and,
WHEREAS, based upon proposed work to be performed by Stantec and pursuant
to the Agreement and related documents, the City Council finds that Stantec is a
qualified firm able to perform services in support of the Feasibility Study.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The foregoing recitals are true and correct and are hereby adopted
by reference as though set forth in full.
Section 2. The City Council hereby approves and awards a Professional
Services Agreement with Stantec Consulting Services, Inc. in an not-
to-exceed amount of $349,933 to provide services for the Feasibility
Study.
Section 3. The City Council authorizes and directs the City Manager to execute
the Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of November 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
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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 7578 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 12th day of November 2024.
Gloria D. Harper, City Clerk
Agenda Item K
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Iris Lee, Director of Public Works
SUBJECT:Notice of Completion for Pier Restroom Renovation Project,
CIP BP2202
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7579:
1. Accepting the Pier Restroom Renovation Project, CIP BP2202, by
R Dependable Const Inc., in the amount of $261,070.08; 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 City of Seal Beach Pier public restrooms serve visitors of the surrounding
beach and park areas. During the 2020 Pier Improvement Project, it was noted
that the electrical and plumbing systems within the pier abutment are in poor
condition, especially affecting the public restrooms, as evidenced by the low light
conditions and stagnant air flow. These issues, among others, are the result of the
facility's heavy usage, age, and corrosive marine environment.
On March 11, 2024, the City Council adopted Resolution 7498 awarding the Pier
Restroom Renovation Project ("Project") to R Dependable Const Inc. in the amount
of $264,100 to provide interior renovations, concrete floor resurfacing and sealing,
toilet partition replacement, and installation of new HVAC grilles, floor drain
renovations, anti-graffiti coat, and fixture replacements.
Six (6) change orders were issued for this project, resulting in an overall one
percent (1%) reduction in the contract cost. Four (4) of these change orders
addressed unforeseen repairs required for restroom fixtures and plumbing. Two
(2) change orders were deductions to account for material cost differences and to
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cover the additional overhead costs for construction management services due to
the extended project schedule.
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 deductive change order was issued to adjust for material cost differences and
additional overhead for construction management services. However, additional
repairs to the restrooms led to an overall net contract reduction of $3,029.92. The
table below presents the breakdown of the Project’s construction costs:
Description Amount
Total Base Bid $ 264,100.00
Contract Change Orders - $ 3,029.92
Project Cost $ 261,070.08
The remaining funds will go back to the funding source.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7579:
1. Accepting the Pier Restroom Renovation Project, CIP BP2202, by
R Dependable Const Inc., in the amount of $261,070.08; 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
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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 Patrick Gallegos
Iris Lee, Director of Public Works Patrick Gallegos, Interim City Manager
Prepared by: William Luna, Assistant Engineer
ATTACHMENTS:
A. Resolution 7579
B. Notice of Completion
RESOLUTION 7579
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING COMPLETION OF THE PIER RESTROOM
RENOVATION PROJECT, CIP BP2202, BY R DEPENDABLE
CONST INC., 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 Restroom Renovation
Project, CIP BP2202, by R Dependable Const Inc. in the amount of
$261,070.08; 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 12th day of November 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 7579 on file in the Office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 12th day of November 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
August 1, 2024. The work was BP2202 Pier Restroom Renovation Project
6. The name of the contractor(s), if any, for such improvement was: R Dependable Const. Inc.
7. The date of the Contract Award was March 11, 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 L
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Michael Henderson, Chief of Police
SUBJECT:Approving and Authorizing the City Manager to Execute an
Agreement with Michael Baker International for the
Five-Year Update to the Seal Beach Local Hazard Mitigation
Plan Pursuant to the Federal Emergency Management
Association Hazard Mitigation Grant Program
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council adopt Resolution 7580:
1. Approving the contract documents for the City of Seal Beach Local
Hazard Mitigation Plan Five-Year Update; and,
2. Approving and awarding a Professional Services Agreement to
Michael Baker International in the amount of $118,530; and,
3. Authorizing and directing the City Manager to execute a Professional
Services Agreement with Michael Baker International; and,
4. Rejecting all other proposals.
BACKGROUND AND ANALYSIS:
The Federal Hazard Mitigation Grant Program (“HMGP”) provides funding to State,
local, tribal, and territorial (“SLTT”) governments so they can rebuild in a way that
reduces or mitigates future natural disaster losses in their communities. The
program is authorized by Section 404 of the Federal Stafford Act.
HMGP funding is authorized with a Presidential Major Disaster Declaration. A
governor or tribal chief executive may request HMGP funding throughout the state,
tribe, or territory when submitting a disaster declaration. The amount of funding
made available to the applicant is based on the estimated total federal assistance.
The formula generally gives 15% of the total federal assistance amount provided
for recovery from the presidentially declared disaster and is determined by the
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Federal Emergency Management Association-approved (“FEMA”) Hazard
Mitigation Plan.
During the most recent HMGP grant cycle, the Seal Beach Police Department
applied for and was awarded funding to hire a consultant to initiate an update of
the City’s 2019 Local Hazard Mitigation Plan (“LHMP”) and comply with the newest
FEMA guidelines. The City Council accepted the grant award at its regular meeting
on March 25, 2024. The total project cost is $160,722.00 with a Federal share of
75% and a 25% non-federal share of $40,180.50 to be matched as “in-kind” staff
time toward the project.
On July 31, 2024, the City issued a Request for Proposals (“RFP”) to obtain a
consultant to carry out the LHMP Update. On August 26, 2024, the City Clerk’s
office received four (4) proposals with the following results:
RANK CONTRACTOR BID AMOUNT
1 Michael Baker International $ 118,530
2 Atlas Planning Solutions $ 139,720
3 I.E.M.$ 115,355
4 A-Tech Consulting Inc.$ 72,065
Based upon the references, qualifications, work experience, and cost, staff
recommends that the City Council award the agreement to Michael Baker
International in the amount of $118,530. Several factors were used in the award
criteria to judge the qualifications of each vendor, including but not limited to
demonstrated prior experience in preparing a Local Hazard Mitigation Plan for
municipalities and other local governments of similar size and scope and with
similar amenities, communities, characteristics, and services with satisfactory
references. The RFP and project plans are available in the Emergency Services
Coordinator’s Office at Seal Beach Police Department.
The contract term shall commence once signed by both parties and shall remain
in full force and effect until satisfactory completion of services, and no later than
November 21, 2026.
ENVIRONMENTAL IMPACT:
This item is not subject to the California Environmental Quality Act (“CEQA”)
pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be
seen with certainty that approval of a professional services agreement with Michael
Baker International will not have a significant effect on the environment. Prior to
City Council adoption of an LHMP Update, a review will be conducted pursuant to
CEQA.
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LEGAL ANALYSIS:
The City Attorney has reviewed and approved the agreement and resolution as to
form.
FINANCIAL IMPACT:
The total project cost is $160,722.00. The City of Seal Beach will receive
$120,541.50 as the Federal obligation for 75% of the project cost and will use
“in-kind” staff time to match the 25% cost share of $40,180.50. Sufficient funding
was included in the adopted FY 2024-25 Budget.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7580:
1. Approving the contract documents for the City of Seal Beach Local
Hazard Mitigation Plan Five-Year Update; and,
2. Approving and awarding a Professional Services Agreement to Michael
Baker International in the amount of $118,530; and,
3. Authorizing and directing the City Manager to execute a Professional
Services Agreement with Michael Baker International; and,
4. Rejecting all other proposals.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Patrick Gallegos
Michael Henderson, Chief of Police Patrick Gallegos, Interim City Manager
Prepared by: Brian Gray, Emergency Services Coordinator
ATTACHMENTS:
A. Resolution 7580
B. Professional Services Agreement with Michael Baker International
RESOLUTION 7580
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AWARDING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
MICHAEL BAKER INTERNATIONAL FOR THE FIVE-YEAR
UPDATE OF CITY OF SEAL BEACH LOCAL HAZARD
MITIGATION PLAN PURSUANT TO THE FEDERAL EMERGENCY
MANAGEMENT ASSOCIATION HAZARD MITIGATION GRANT
PROGRAM
WHEREAS, on July 31, 2024, the City of Seal Beach issued a Request for
Proposals (“RFP”) for the preparation of the City’s Local Hazard Mitigation Plan
Update, a project funded in part by a Federal Emergency Management Association
(FEMA) Grant (“Project”); and,
WHEREAS, on August 26, 2024, the City Clerk’s office received four (4) proposals
in response to the RFP, including a proposal by Michael Baker International
(“Michael Baker”) in the amount of $118,530; and,
WHEREAS, several factors were used in the award criteria to judge the
qualifications of each vendor, including but not limited to demonstrated prior
experience in preparing a Local Hazard Mitigation Plan for municipalities and other
local governments of similar size and scope and with similar amenities,
communities, characteristics, and services with satisfactory references; and,
WHEREAS, the City performed a detailed analysis and evaluation of the RFP, the
four consultant proposals submitted, and the FEMA grant requirements; and,
WHEREAS, based upon the City’s review of consultant qualifications, familiarity
with the services required, and experience in preparing local hazard mitigation
plans, Michael Baker International was deemed responsive and most qualified.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The foregoing recitals are true and correct and are hereby
adopted by reference as though set forth in full.
Section 2. The City Council hereby approves the contract documents for the
Project.
Section 3. The City Council hereby awards a Professional Services
Agreement to Michael Baker International in a total not-to-exceed
amount of $118,530 to prepare the City of Seal Beach Local
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Hazard Mitigation Plan Update. Sufficient funding was included
in the FY 24-25 Budget.
Section 4. The City Council hereby authorizes the City Manager to execute
the Agreement on behalf of the City with Michael Baker
International pursuant to the Michael Baker proposal dated
August 26, 2024.
Section 5. The City Council hereby rejects all other proposals.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of November 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 7580 on file in the office of
the City Clerk, passed, approved, and adopted by the City Council at a regular
meeting held on the 12th day of November 2024.
Gloria D. Harper, City Clerk
Agenda Item M
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Alexa Smittle, Community Development Director
SUBJECT:Zone Text Amendment 24-03 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 to
Residential Front Yard Permeable Surface Requirements,
and Updates to the Accessory Dwelling Unit Standards
Pursuant to Senate Bill 1211 and Assembly Bill 2533
(Statute of 2024)
________________________________________________________________
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 1716, adopting Zone
Text Amendment 24-03; and,
2. Introduce, waive full reading, and read by title only, Ordinance 1716,
amending portions of Title 11 of the Seal Beach Municipal Code pertaining
to nonconforming residential structures, reasonable accommodations,
residential permeable surface requirements, and accessory dwelling units,
and finding the proposed ordinance exempt from the California
Environmental Quality Act (CEQA).
BACKGROUND AND ANALYSIS:
This Zoning Text Amendment (ZTA) consists of proposed changes to five (5)
different areas of the Zoning Code (Title 11 of the Municipal Code) as follows:
1. Modifications to Nonconforming Residential Structures;
2. Modifications to Address No-Net-Loss Provisions;
3. Director’s Approval of Reasonable Accommodations;
4. Permeable Surface Requirements for Residential Front Yards; and,
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5. Updates to the Accessory Dwelling Unit (ADU) ordinance per amendments
to State law amendments signed into law in September 2024 and effective
January 1, 2025.
Planning Commission Recommendation
On October 21, 2024, the Planning Commission considered the ZTA and
recommended approval of the five (5) items under consideration, without
modification. An additional text amendment related to recreational vehicle (RV)
parking in residential driveways was continued by the Planning Commission and
has therefore been removed from proposed Ordinance 1716. The Planning
Commission requested more research and suggested a community survey be
conducted before the item returned for consideration.
Two (2) key points of discussion among the Planning Commissioners during
deliberations were (a) assurances that proposed development of any kind is
subject to technical review for health and safety purposes, and (b) the need for
community transparency in development projects.
With regards to technical review for health and safety purposes, all development
projects, regardless of if they are approved through a public hearing before the
Planning Commission or by an administrative review by planning staff, must go
through a technical review by the building division where structural, mechanical,
electrical, and plumbing plans must be submitted so each of those respective
elements can be reviewed by a subject matter expert. Additionally, during the
course of the construction activity, the City’s building inspector will visit the project
site during different milestones within the construction process to ensure that the
structure is being built according to the approved plans.
With regards to transparency, any new construction permitted by an administrative
review will only be approved if it meets the development standards of its zone;
standards which have been set by ordinance of the City Council through a public
hearing process. Staff agrees that any proposal for new construction that requests
modification from the development standards of the residential zone should be
given an additional level of review through a public hearing, which would be done
through a variance request before the Planning Commission. The development
standards are published on the City’s website within the Municipal Code link for
public accessibility. Additionally, staff has created residential development
standard summary sheets for both the Residential High Density (RHD) – 20 (Old
Town) and the Residential Low Density (RLD) – 9 (The Hill, College Park West,
College Park East) zoning districts, which provide an easier-to-read format for
those not accustomed to reading through a Municipal Code. These are also
published on the City’s website under the “Planning Forms” Section.
With those comments, the Planning Commission adopted Resolution 24-15, which
recommended that the City Council approve this ZTA. In the following subsections,
each proposed change to the zone text will be discussed in more detail.
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Modifications to Nonconforming Residential Structures
Item one (1) is to modify the review process for improvements and additions to
residential structures that are nonconforming due to Zoning Code (“Code”)
development standards such as height, setbacks, density, and parking. Currently,
if a modification is proposed to a non-conforming residential structure, a public
hearing is held by the Planning Commission to make a determination about the
modification. The proposed Code revision would instead provide for an
administrative review by staff for projects that do not create new, or exacerbate
existing, nonconformities. Projects that create or exacerbate non-conformities
would continue to be heard by the Planning Commission. Additionally, any request
to modify a development standard for new development would still require a
variance that would be heard before the Planning Commission at a public hearing.
Non-conforming residential projects are almost exclusively in Old Town, where
many of the residential structures were constructed primarily from the early to
mid-twentieth century. Built legally to the standards of their time, they have since
become nonconforming as the Zoning Code has evolved. The Code allows
improvements to nonconforming residential structures but requires a Minor Use
Permit (MUP) or Conditional Use Permit (CUP), both of which require a public
hearing before the Planning Commission. Staff analyzed these cases beginning in
2015 and found they typically go through the public hearing process with little
comment or modification and regularly receive unanimous approval from the
Planning Commission, as proposals for additions or modifications meet the current
standards of the Zoning Code as related to the height, setback, and lot coverage,
effectively achieving the same requirements as new construction, which is
reviewed on the staff level.
Beginning in 2015, 77 cases were brought before the Planning Commission, with
63 being unanimously approved, seven (7) being approved with one (1) abstention,
and five (5) approved with one (1) “no” vote. There were two (2) denials; however,
both those denials included a variance request to alter development standards for
new construction related to the project. The amendment proposed by staff does
not change the requirement to hold a Planning Commission public hearing for a
variance or for new construction activities that propose modification from
development standards. Staff’s research is included as “Attachment D” to this staff
report.
Through the course of several different Planning Commissions over the past 10
years, there has been little discretion exercised during these MUP and CUP
reviews with the result repeatedly being the same, unanimous approval of the
project with no request in change of design. Additionally, as was pointed out by the
Commission during their hearing, the CUP findings do not apply very well as there
is not a new use being established, only an expansion of an existing permitted use,
and that all new construction involved meets the development standards of the
code. Because of these reasons, staff believes that an administrative review would
effectively achieve the same result as what has happened during the reviews
before the Planning Commission, and is therefore proposing to amend Chapter
11.4.40 (Nonconforming Uses, Structures, and Lots) and Section 11.2.05.015 so
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that these residential reviews are to be completed on the staff level, streamlining
the process for applicants and reducing their costs. The proposed amendment, in
its entirety, is shown in Sections 5 through 9, and Section 11 of the attached draft
ordinance (pages 3-12).
Modifications to Address No-Net-Loss Provisions
Item two (2) addresses a second issue that exists within the nonconforming section
of the Zoning Code related to density. As a result of Senate Bill (SB) 330 (The
Housing Crisis Act of 2019), cities are not allowed to permit development activity
that results in a reduction of existing housing units unless specific findings are
made. Several multi-family properties in Old Town are nonconforming due to
density, in that more units exist on the property than would be allowed under the
current Zoning Code standards. These units are aging – typically being between
50 and 100 years old – with some in need of significant investment or even
replacement. To meet the standards of the current Zoning Code, removal and
replacement of these structures would require a reduction of the number of units,
which SB 330 prevents absent those findings. This leaves property owners in a
situation where they cannot replace aging multi-family structures, even as they
continue to deteriorate. As a response, staff is proposing adoption of a new section
of the Zoning Code, Section 11.4.40.075 (Replacement of Residential Structures
Nonconforming Due to Density). This proposal would allow property owners to
replace existing, older housing stock with an equivalent number of units, while
remaining in compliance with SB 330, and the housing goals of the State.
It is worth noting that some recent applications proposed the removal of duplexes
to be replaced with a primary unit and an ADU. While this type of proposal meets
Zoning Code standards and replaces both units, the Coastal Commission does not
agree that ADUs qualify as replacement units. Even without Coastal Commission
intervention, this type of arrangement could likely only satisfy the replacement of
duplexes and triplexes, and does not address those parcels with more units.
Therefore, staff recommends this issue be updated directly within the Zoning
Code.
Staff believes this code addition will provide property owners with an option to
replace structures that they believe are no longer in good condition before more
detrimental blighting conditions occur. The number of replacement units would be
equivalent to what already exists, so effectively there would be no change in the
intensity of the land use. The section would also allow the number of parking
spaces required to be equivalent to what was previously provided, as coming up
to current required parking standards could effectively prohibit a project from
moving forward due to a lack of space on site. Again, as the parking replacement
is equivalent to what was already existing, the change in the impact to the
neighborhood would be negligible. The proposed amendment, in its entirety, is
shown in Section 10 of the attached draft Ordinance (pages 11-12).
Director’s Approval of Reasonable Accommodations
Found in Chapter 11.5.30 of the Zoning Code, Reasonable Accommodations is
the process to allow the City to approve minor and reasonable exceptions to the
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City’s zoning and land use regulations, policies, and practices when needed to
provide an individual with a disability an equal opportunity to use and enjoy a
dwelling in accordance with federal and state fair housing laws. Under fair housing
laws, if the proper documentation is submitted and if there is a nexus between the
request and the underlying reason, a reasonable accommodation would need to
be approved. A simple example of this would be a request to reduce a front setback
in order to expand the entrance of a home to accommodate wheelchair access.
This proposed amendment is part of the workplan included in the City’s Housing
Element, which requires the City to support efforts in furtherance of fair housing
laws, and specifically to streamline this process for applicants. By making this
process administrative, obtaining a reasonable accommodation will be simplified
for the applicant with a disability. Additionally, the City’s ability to exercise
discretion in these cases is very limited. The City reached out to other local
jurisdictions, and of the five that responded, all had an administrative process for
reasonable accommodation requests. Accordingly, staff is proposing to amend
Chapter 11.5.30 (Reasonable Accommodations) so that these reviews are done
administratively under the director’s review. The proposed amendment, in its
entirety, is shown in Sections 12 and 13 of the attached draft Ordinance (page 12).
Permeable Surface Requirements for Residential Front Yards
These proposed amendments to Section 11.2.05.015 and Section 11.4.05.100 are
to eliminate contradictions in the Code related to permeable surface requirements
in the front yard setback of residential properties. For permeable surfaces in
residential properties, the Zoning Code allows a maximum of 50 percent to be
paved, but requires that 60 percent be permeable, creating a contradiction. The
proposed amendments would leave the paved surface maximum at 50 percent and
reduce the permeable surface minimum to 50 percent.
Staff believes that it is better to reduce the permeable surface standard to 50
percent, as several residential properties have a 25-foot-wide lot, and that 50
percent paved surface would be needed for a paved driveway. Having the 50
percent permeable surface maintains a required area for landscaping as well as
allows residential properties to better comply with National Pollutant Discharge
Elimination System (NPDES) goals for reducing water pollution runoff during
rainstorms by providing a natural water absorption area on the property (City
engineering staff was consulted on this proposed revision). The proposed
amendment, in its entirety, is shown in Sections 14 through 16 of the attached draft
Ordinance (pages 12-17).
Updates to the ADU ordinance per September Laws
The final proposed amendment is to the ADU section of the Code, 11.4.05.115.
The previous ZTA (ZTA 24-02), brought before the Planning Commission on
September 16, 2024, contained amendments to the ADU section based on
amendments to State law that became effective in March 2024. However, in late
September 2024, Governor Newsom signed two (2) additional ADU bills into law,
Senate Bill (SB) 1211 and Assembly Bill (AB) 2533. SB 1211 – (a) adds additional
prohibitions on requiring parking replacement when parking is lost in conjunction
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with the development of an ADU; (b) further restricts local agencies from adopting
development or design standards that do not exist in State law, (c) defines “livable
space”, and (d) allows up to eight (8) detached ADUs, instead of two (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 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. All
of these provisions become applicable to local agencies as of January 1, 2025.
The proposed amendments to Section 11.4.05.115 (Accessory Dwelling Units) will
bring the Ordinance into compliance with SB 1211 and AB 2533. All the proposed
changes are required by State law, with nothing added by staff. The proposed
amendment, in its entirety, is shown in Section 17 of the attached draft Ordinance
(pages 17-29).
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the proposed zone text amendment
is exempt from environmental review under the California Environmental Quality
Act, (California Public Resources Code §§ 21000, et seq., and the CEQA
Guidelines (14 California Code of Regulations §§ 15000, et seq.) under 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.
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.
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RECOMMENDATION:
That the City Council:
1. Conduct a public hearing to receive input and consider the Planning
Commission’s recommendation to approve Ordinance 1716, adopting Zone
Text Amendment 24-03; and,
2. Introduce, waive full reading, and read by title only, Ordinance 1716,
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 the California Environmental Quality
Act (CEQA).
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Patrick Gallegos
Alexa Smittle, Community
Development Director
Patrick Gallegos, Interim City Manager
ATTACHMENTS:
A. Ordinance 1716 Redline
B. Ordinance 1716 Clean
C. Planning Commission Resolution 24-15
D. Survey of Approved CUPs and MUPs 2015 to 2024
E. Senate Bill 1211
F. Assembly Bill 2533
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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
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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.
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E. 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.
F. 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, and 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, Nonstructural Repairs, and Interior Alterations. An owner may perform
non-structural maintenance, repairs and interior alterations to structures that are lawfully
nonconforming or contain lawful nonconforming uses, provided the structure is not
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enlarged, the life of the structure is not extended or the 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.
C. Structural Repairs Requiring Only a Building Permit. An owner shall apply for and
obtain a building permit prior to performing any structural repair, including modification or
repair of bearing walls, columns, beams or girders, to:
1. Nonconforming Single-Unit Residences. Provided:
a. The residence is located in a residential zone;
b. The residence has an existing garage that meets minimum dimensional
requirements under this code; and
c. The improvement will not increase habitable space.
2. All Other Nonconforming Structures. Provided:
a. The structure is not enlarged;
b. The life of the structure is not extended;
c. The nonconforming use is not expanded; and
d. The cost of any structural repair during a 12-month period does not exceed
40% of the appraised value of all improvements.
D. Structural Repairs Requiring a Minor Use Permit. An owner shall apply for and
obtain a minor use permit pursuant to Chapter 11.5.20: Development Permits, prior to
performing any structural repair not governed by subsection C of this section. (Ord. 1598)
Section 6.Section 11.4.40.015 (Minor Improvements to Nonconforming
Residential Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of
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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 approved as determined by the
planning commission director.
B. Minor Improvements Requiring a Minor Use Permit 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.
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.
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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 Single Unit Nonconforming
Residencestial Structures Require a Conditional Use Permit (All Residential
Districts).
A. Conditionally Permitted 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. Subject to subsection
B of this section, the planning commission may grant a conditional use permit pursuant
to Chapter 11.5.20: Development Permits, for structural alterations or additions to any
single unit residence that is nonconforming only with respect to one or more of the
following required development standards:
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.
1. Maximum building height;
2. Minimum building setbacks.
B. Required Features for Conditionally Permitted Alterations and Additions. No
conditional use permit shall be issued pursuant to subsection A unless both of the
following requirements are met:
1. Applicable minimum yard dimensions are maintained; and
2. The nonconforming side yard setback is no less than 3 feet in width.
Notwithstanding this requirement:
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a. Existing legal nonconforming exterior stairways that comply with all other
applicable provisions of the California Building Code may be located in the
setback.
b. Side yard setbacks may be less than 3 feet in width on properties
developed pursuant to a precise plan or planned unit development. (Ord. 1611;
Ord. 1598)
1. Applicable minimum yard dimensions are maintained; and
2. The nonconforming side yard setback is no less than 3 feet in width.
Notwithstanding this requirement:
a. Existing legal nonconforming exterior stairways that comply with all other
applicable provisions of the California Building Code may be located in the
setback.
b. Side yard setbacks may be less than 3 feet in width on properties developed
pursuant to a precise plan or planned unit development.”
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:
“11.4.40.030 Nonconforming Multi-Unit Residential and Nonresidential Structures May Not
Be Structurally Altered or Expanded; and Exceptions.
A. Multi-Unit Residential Property. A multi-unit residential structure may not add any
habitable space. A multi-unit residential structure may add a patio enclosure not
exceeding 200 square feet, as defined in Section 11.6.05.010, provided that the open or
glazed area of 2 or more walls shall be equal to at least 50% of the area between the floor
plate and ceiling plate within the RHD-PD zone; and 65% of the area between the floor
plate and ceiling plate within all other residential zones, and provided all other
development standards for the residential zone in which the property is located can be
met. A nonresidential structure that is nonconforming or contains a nonconforming use
may not be structurally altered or expanded unless such alteration or expansion makes
the structure conforming.
AB. 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.
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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
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
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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.
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.
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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
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.
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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 by the issuance of a
conditional use permit pursuant to Chapter 11.5.20: Development Permits,
provided:
i. No bedrooms or other living quarters are being added;
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;
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[i] General renovation and structural additions to nonconforming
buildings which are nonconforming only due to inadequate
setbacks may be approved pursuant to Chapter 11.4.40:
Nonconforming Uses, Structures, and Lots,
Section 11.4.40.020: Structural Alterations or Additions to Single
Unit Residences Require a Conditional Use Permit (All
Residential Districts).”
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 planning commission director is designated to approve, conditionally approve, or
deny all applications for a reasonable accommodation. If the project for which the request
for reasonable accommodation is made requires another discretionary permit or approval,
then an applicant may request that the planning commission hear the request for a
reasonable accommodation at the same time as the other discretionary permit or
approval. If the applicant does not request a simultaneous hearing, then the request for
a reasonable accommodation shall not be heard until after a final administrative decision
has been made regarding the other discretionary permit or approval.”
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. Planning Commission Director to Decide. The planning commission 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 heard with,
and subject to, the notice, review, approval, and appeal procedures prescribed for a
conditional use permit in accordance with the applicable provisions of Chapter 11.5.20:
Development Permits. 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
RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations
Density/Intensity of Use - Lot Dimensions
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9 RLD-15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
Maximum
Density
1 unit per
5,000 sq.
ft. of lot
area, plus
an
"Accessor
y Dwelling
Unit"
1 unit per
3,000 sq.
ft. of lot
area, plus
an
"Accessor
y Dwelling
Unit"
1 unit
per
2,500
sq. ft.
of lot
area
1 unit
per
2,178
sq. ft.
of lot
area
1 unit
per
1,350
sq. ft.
of lot
area
1 unit
per
960
sq. ft.
of lot
area
See
Section 11.4.05.115 fo
r Accessory Dwelling
Unit standards. See
subsection A for
Surfside Standards
Maximum
Density with
State
Affordable
Housing
Bonus (du/ac)
See Chapter 11.4.55:
Affordable Housing
Bonus
Minimum Lot Area (sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
See
Section 11.4.05.115 fo
r Accessory Dwelling
Unit standards.
Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
See
Section 11.4.05.115 fo
r Accessory Dwelling
Unit standards.
Nonresidentia
l Uses
10,000 10,000 10,00
0
10,00
0
10,00
0
10,00
0
Minimum Lot Size (ft.)
Interior Lots 50 x 100 30 x 80 50 x
100
25 x
100
50 x
100
50 x
100
(W)
Corner Lots 55 x 100 35 x 80 50 x
100
25 x
100
55 x
100
55 x
100
(W)
Minimum Floor Area (sq. ft.)
Primary
Dwelling Unit
1,200 1,200(E)950 950 950 950
Junior
Accessory
Dwelling Unit
150 150 150 150 150 150
1-Bedroom
Accessory
Dwelling Unit
400 400 400 400 400 400
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9
RLD-
15 RMD-18 RHD-20 RHD-33 RHD-46
Supplemental
Regulations
2+-Bedroom
Accessory
Dwelling Unit
600 600 600 600 600 600
Maximum Floor Area for Accessory Dwelling Units (sq. ft.)
Junior
Accessory
Dwelling Unit
500 500 500 500 500 500
Detached
Accessory
Dwelling Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
Attached
Accessory
Dwelling Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
L-3
Maximum
Lot
Coverage
(%)
(B)67 50 75(B)60 80 (B)(W)
Substandard
Lot
Standards
Yes Yes Yes Yes Yes Yes (C)
Building Form and Location
Minimum Yards (ft.)
Front -
Minimum
(D)(E)Average
12;
minimum
6
Average
12;
minimum
6
18 18 (D)(E)(W); L-2
Interior Side
- Minimum
(A)(D)(E)10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
(A)(D)(E)(W)
Corner Side
- Minimum
15% of lot
width; 10
ft.
maximum
(E)15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
(E)(W)
Rear 10 (E)5 ft.; but
when
abutting
an alley
24 ft.
minus
width of
the alley
24 ft.
minus
width of
the alley
(E)(W)
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9 RLD-15
RMD-
18 RHD-20 RHD-33 RHD-46
Supplemental
Regulations
24 ft.
minus
width of
the
alley
Main Building Envelope
Flood Zone Heights Yes Yes Yes Yes Yes Yes (F)
Maximum Height
(ft.)
25(A)(G)
(not to
exceed 2
stories)
25(E)(G)25 (not
to
exceed
2
stories)
35 35 (A)(G)(E)(W)
Maximum Height of
Downslope Skirt
Walls (ft.)
6 6 6 6 6 6 (H)
Projections Yes Yes(E)Yes Yes Yes Yes (I)(E)(W)
Minimum Distance
Between Buildings
on the Same Lot
(ft.)
6 6 6 6 6 10-20 (J)
Minimum Court
Dimensions (ft.)
————15 15"
Building Design
Exterior Stairways
Prohibited
Yes Yes Yes Yes No No L-1
Porches Yes ——Yes ——(K)
Vehicle Accommodation
Off-Street Parking
and Loading
See Chapter 11.4.20: Off-Street Parking and Loading
Maximum Number
of Curb Cuts for
Driveway
1 (L)1 1 1 1 1 (L)
Maximum Width of
Driveway (ft.)
18 —————(M)
Limitations on
Parking and
Garage Frontage
Yes Yes Yes Yes Yes Yes (N)
Landscaping and Open Space
Minimum
Permeable
Surface/Maximum
5060/50 5060/50 5060/50 5060/50 5060/50 5060/50 (O)
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9
RLD-
15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
Paving in Street-Facing
Yards (%)
Minimum Site Area
Devoted to
Landscaping (%)
25 15 (E)15 Yes 15 15 (E), (P); See
also Section
11.4.30.015
Planting Required on
Downslope Lots
Yes Yes Yes Yes Yes Yes (Q)
Pedestrian Walkways ——Yes Yes Yes Yes (R)
Other Development Standards
Accessory Structures Yes Yes Yes Yes Yes Yes See Section
11.4.05.100; (W)
2-Story
Cabanas/Manufactured
Homes
————Yes —(S)
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 Standards See Chapter 11.4.10: General Site Standards
Landscaping and
Buffer Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Signs See Chapter 11.4.25: Sign Regulations
Nonconforming
Structures
See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Coastal Development
Permit
See Chapter 11.4.35: Coastal Development Permit
Reasonable
Accommodations
See Chapter 11.5.30: Reasonable 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
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Notes:
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.
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.O (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% 60% 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% 40% 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:
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“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
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.
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“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.
“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(l), 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.
A. Permits Required. In addition to other requirements of this section, all accessory
dwelling units and junior accessory dwelling units shall be subject to the following
ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory
dwelling units consistent with the requirements of this section are allowed by-
right on a lot that is zoned to allow single family use or multifamily residential
use. A JADU shall only be allowed within an existing or proposed single family
dwelling. An application for zoning conformance review shall be submitted to
the Community Development Department on the City-approved form
concurrently with the building permit application, for confirmation of single-
family or multifamily zoning by the director or designee.
2) Building Permit. A building permit application is required to be filed with the
Building and Safety Division. Approval of a building permit is required for
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construction of an ADU, and all accessory dwelling units and junior accessory
dwelling units shall comply with all applicable Building Code requirements.
3) 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 2020 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, 2020 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, 2020 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. 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
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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
(dc) 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.
B. 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.
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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”.
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 two 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.
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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.
C. 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.
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.
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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.
D. 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 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
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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.
G. A newly constructed detached ADU shall not exceed eighteen (18)
feet in height on a lot with an existing or proposed multistory
multifamily dwelling.
H. 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.
I. 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
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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.
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.
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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.
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 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.
E. 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:
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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.
F. 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.
G. 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.
H. 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
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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.
I. Fire safety requirements. The construction of all new accessory dwelling units shall
meet minimum standards for fire safety as defined in the Building Code of the City
of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be
amended by the City from time to time. All applications for accessory dwelling units
in areas designated as high or very high fire hazard zones shall be reviewed by
the Building Official and Fire Marshal to ensure the standards for fire safety as
defined in the Building Code of the City of Seal Beach and the Fire Code of the
City of Seal Beach will be met. Fuel modification treatments (clearing
requirements) will be greater for those properties in high and very high fire hazard
severity zones, which may be characterized by steeper terrain, larger and denser
fuels, fuels that are highly volatile, and subject to frequent fires. Clearing
requirements shall meet the State’s “General Guidelines for Creating Defensible
Space.”
Section 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.
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INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on
the day of , .
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach
this day of , .
Schelly Sustarsic, Mayor
ATTEST:
Gloria Harper, City Clerk
APPROVED AS TO FORM:
__________________________________
Nicholas Ghirelli, City Attorney
[SEAL]
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 ____ day of _____, 2024, and was passed, approved, and adopted by the City Council
at a regular meeting held on the ____ day of _____, 2024, and do hereby further certify
that the Ordinance has been published pursuant to the Seal Beach Charter and
Resolution Number 2836.
Gloria D. Harper, City Clerk
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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
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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.
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E. 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.
F. 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
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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.
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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:
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“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
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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.
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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
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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;
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[i] The only rooms being added are bathrooms, storage closets,
closets or enlargements of existing rooms;
[ii] 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
RLD-9 RLD-15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
Density/Intensity of Use - Lot Dimensions
Maximum
Density
1 unit per
5,000 sq. ft.
of lot area,
plus an
"Accessory
Dwelling
Unit"
1 unit per
3,000 sq. ft.
of lot area,
plus an
"Accessory
Dwelling
Unit"
1 unit
per
2,500
sq. ft.
of lot
area
1 unit
per
2,178
sq. ft.
of lot
area
1 unit
per
1,350
sq. ft.
of lot
area
1 unit
per
960
sq. ft.
of lot
area
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards. See
subsection A for Surfside
Standards
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9 RLD-15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
Maximum
Density with
State Affordable
Housing Bonus
(du/ac)
See Chapter 11.4.55:
Affordable Housing
Bonus
Minimum Lot Area (sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards.
Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
See
Section 11.4.05.115 for
Accessory Dwelling Unit
standards.
Nonresidential
Uses
10,000 10,000 10,000 10,000 10,000 10,000
Minimum Lot Size (ft.)
Interior Lots 50 x
100
30 x 80 50 x
100
25 x
100
50 x
100
50 x
100
(W)
Corner Lots 55 x
100
35 x 80 50 x
100
25 x
100
55 x
100
55 x
100
(W)
Minimum Floor Area (sq. ft.)
Primary Dwelling
Unit
1,200 1,200(E)950 950 950 950
Junior
Accessory
Dwelling Unit
150 150 150 150 150 150
1-Bedroom
Accessory
Dwelling Unit
400 400 400 400 400 400
2+-Bedroom
Accessory
Dwelling Unit
600 600 600 600 600 600
Maximum Floor Area for Accessory Dwelling Units (sq. ft.)
Junior
Accessory
Dwelling Unit
500 500 500 500 500 500
Detached
Accessory
Dwelling Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9
RLD-
15 RMD-18 RHD-20 RHD-33 RHD-46
Supplemental
Regulations
Attached
Accessory
Dwelling
Unit
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
L-3
Maximum
Lot
Coverage
(%)
(B)67 50 75(B)60 80 (B)(W)
Substandard
Lot
Standards
Yes Yes Yes Yes Yes Yes (C)
Building Form and Location
Minimum Yards (ft.)
Front -
Minimum
(D)(E)Average
12;
minimum
6
Average
12;
minimum
6
18 18 (D)(E)(W); L-2
Interior Side
- Minimum
(A)(D)(E)10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
10% of lot
width; 3 ft.
minimum;
10 ft.
maximum
(A)(D)(E)(W)
Corner Side
- Minimum
15% of lot
width; 10
ft.
maximum
(E)15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
15% of lot
width; 10
ft.
maximum
(E)(W)
Rear 10 (E)5 ft.; but
when
abutting
an alley
24 ft.
minus
width of
the alley
24 ft.
minus
width of
the alley
24 ft.
minus
width of
the alley
(E)(W)
Main Building Envelope
Flood Zone
Heights
Yes Yes Yes Yes Yes Yes (F)
Maximum
Height (ft.)
25(A)(G)
(not to
25(E)(G)25 (not to 35 35 (A)(G)(E)(W)
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-9
RLD-
15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
exceed
2
stories)
exceed
2
stories)
Maximum Height of
Downslope Skirt Walls (ft.)
6 6 6 6 6 6 (H)
Projections Yes Yes(E)Yes Yes Yes Yes (I)(E)(W)
Minimum Distance Between
Buildings on the Same Lot
(ft.)
6 6 6 6 6 10-20 (J)
Minimum Court Dimensions
(ft.)
————15 15"
Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1
Porches Yes ——Yes ——(K)
Vehicle Accommodation
Off-Street Parking and
Loading
See Chapter 11.4.20: Off-Street Parking and Loading
Maximum Number of Curb
Cuts for Driveway
1 (L)1 1 1 1 1 (L)
Maximum Width of Driveway
(ft.)
18 —————(M)
Limitations on Parking and
Garage Frontage
Yes Yes Yes Yes Yes Yes (N)
Landscaping and Open Space
Minimum Permeable
Surface/Maximum Paving in
Street-Facing Yards (%)
50/50 50/50 50/50 50/50 50/50 50/50 (O)
Minimum Site Area Devoted
to Landscaping (%)
25 15 (E)15 Yes 15 15 (E), (P); See
also Section
11.4.30.015
Planting Required on
Downslope Lots
Yes Yes Yes Yes Yes Yes (Q)
Pedestrian Walkways ——Yes Yes Yes Yes (R)
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Table 11.2.05.015 Development Standards For Residential Districts
RLD-
9
RLD-
15
RMD-
18
RHD-
20
RHD-
33
RHD-
46
Supplemental
Regulations
Other Development Standards
Accessory Structures Yes Yes Yes Yes Yes Yes See Section
11.4.05.100; (W)
2-Story
Cabanas/Manufactured
Homes
————Yes —(S)
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 Standards See Chapter 11.4.10: General Site Standards
Landscaping and Buffer
Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Signs See Chapter 11.4.25: Sign Regulations
Nonconforming Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Coastal Development
Permit
See Chapter 11.4.35: Coastal Development Permit
Reasonable
Accommodations
See Chapter 11.5.30: Reasonable 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.
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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.O (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
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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.
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“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(l), 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.
A. Permits Required. In addition to other requirements of this section, all accessory
dwelling units and junior accessory dwelling units shall be subject to the following
ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory
dwelling units consistent with the requirements of this section are allowed by-
right on a lot that is zoned to allow single family use or multifamily residential
use. A JADU shall only be allowed within an existing or proposed single family
dwelling. An application for zoning conformance review shall be submitted to
the Community Development Department on the City-approved form
concurrently with the building permit application, for confirmation of single-
family or multifamily zoning by the director or designee.
2) Building Permit. A building permit application is required to be filed with the
Building and Safety Division. Approval of a building permit is required for
construction of an ADU, and all accessory dwelling units and junior accessory
dwelling units shall comply with all applicable Building Code requirements.
3) 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
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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.
B. Statewide Exemption ADUs.
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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”.
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iii. The ADU shall be setback a minimum of four feet from side and rear
lot lines. However, in districts which allow lesser side setbacks, the
lesser shall apply.
c) ADUs on Parcel with Existing 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.
C. 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
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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.
D. 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:
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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 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.
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G. 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
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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.
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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.
E. 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.
F. No Separate Conveyance. Except as otherwise required by Government Code
Section 66341, the ADU or JADU shall not be sold, transferred, or assigned
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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.
G. 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.
H. 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.
I. 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
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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 _____ day of ____, ____.
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Schelly Sustarsic, Mayor
ATTEST:
Gloria Harper, City Clerk
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APPROVED AS TO FORM:
__________________________________
Nicholas Ghirelli, City Attorney
[SEAL]
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 ____ day of _____, 2024, and do hereby further
certify that the Ordinance has been published pursuant to the Seal Beach Charter and
Resolution Number 2836.
Gloria D. Harper, City Clerk
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Survey of Outcome of MUPs and CUPs associated with Nonconforming
Residences
This list provides the cases from 2015 to 2024, where an MUP or CUP was applied for to
make alterations or additions to a legal nonconforming residence. The list includes cases
where a project also involves a Variance along with an MUP or CUP and in one case, a
project subject only to a Variance. All resolutions were approved unanimously unless
noted. Projects with variances are shown in italics.
Staff has found that 77 cases involving modifications to nonconforming residential
structures were brought before the Commission, with 63 being unanimously approved, 7
being approved with only one commissioner abstaining, and 5 cases being approved with
only one “no” vote. There were 2 denials; however, both those denials included a Variance
request. The need for a Variance and public hearing with the Planning Commission would
still be required, as would MUPs and CUPs for new construction activities that propose
deviation from development standards.
2015
1. Reso 15-2 MUP14-4 interior remodel of less than 25% nonconforming because
of density and parking. No additional habitable space proposed.
2. Reso 15-3 CUP for structural alteration and tandem parking. Nonconforming front
yard setback.
3. Reso 15-8 MUP relocation of front door, porch addition and roof remodel
4. Reso 15-10 MUP covered front and rear porch. Nonconforming det to density.
5. Reso 15-12 MUP alteration les than 25% convert storage room to bathroom,
remodel. Nonconforming det to setbacks
6. Reso 15-14 MUP alteration of front porch roof, extension of second floor,
covered deck, new rear deck. Nonconforming due to setback.
7. Reso 15-15 MUP alterations of less than 25%, interior remodel, replace doors.
Nonconforming due to parking.
8. Reso 15-16 MUP altera on of less that 25%. Nonconforming due to density and
parking
9. Reso 15-18 MUP to allow reduction in number of units from 4 to 3 and
modifications and radar deck and roof deck additions. Nonconforming due to
density parking and setbacks.
10.Reso 15-20 MUP. Interior remodel and alteration of front entry door.
Nonconforming due to size of the front setback.
11.Reso 15-21 MUP interior remodel. Nonconforming due to detached garage side
yard setback
12.Reso 15-23 MUP. Removal of interior wall within detached three-car garage.
Nonconforming due to setbacks, density and parking
13.Reso 15-25 (Variance and MUP) both denied. Variance to “reduce’ front setback
for new construction.
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14.Reso 15-29 MUP enlargement of two front entry doors nonconforming due to
parking, density and front setback.
2016
1. Reso 16-6 MUP. Deck expansion. Nonconforming due to setbacks.
2. Reso 16-7 MUP. Removal of interior walls. Nonconforming due to height limit and
number of stories. 3 story house.
3. Reso 16-8 MUP. Alterations of less than 25% interior walls and remodel. No new
bedrooms or additional habitable square footage proposed. Nonconforming duo
to setbacks, density and parking. One story house in front and two story triplex
in the back.
4. Reso 16-10. MUP. Deck extension and second floor balcony to SFR
nonconforming due to setback and parking. Campbell voted no.
5. Reso 16-14. MUP. Interior alteration, exterior windows and doors to existing four
nit apartment. Nonconforming due to density and parking. Machen abstained.
6. Reso 16-16. CUP. Addition to a kitchen and new patio cover over second floor
deck to a SFR. Nonconforming due to setbacks. Conditioned to remove illegal
lattice but removal would be required regardless of the CUP. Machen abstained.
7. Reso 16-18. MUP. Alterations less than 25% of interior walls, remodel to SFR.
Nonconforming due to parking and setbacks.
8. Reso 16-23. MUP. Deck addition, replace windows and front door to SFR. SFR
with unit in rear on top of garage. Nonconforming due to setback, density and
parking. Machen abstained.
9. Reso 16-24. MUP. Alteration of existing front porch/balcony to SFR.
Nonconforming due to setback of the detached garage.
2017
1. Reso 17-5. MUP. Alteration of less than 25% interior walls, remodel, ad deck,
replace window with French door. SFR Nonconforming due to parking and
setback.
2. Reso 17-8. MUP. Alteration of less than 25%..., remodel, exterior changes. To
duplex. Nonconforming due to parking, density and setbacks.
3. Reso 17-9. CUP. Add second story to SFR, nonconforming due to detached
garage setbacks.
4. Reso 17-10. MUP. Alteration less than 25% interior walls and remodel to existing
duplex. Nonconforming due to parking, density and setbacks.
5. Reso 17-11. CUP. Add second story to existing SFR. Nonconforming due to front
setback. Campbell voted no.
6. 17-17. MUP Alteration less than 25% interior walls, remodel, replace windows
and exterior doors. Duplex. Nonconforming due to parking, density and
setbacks.
3
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5
5
0
7. 17-18. MUP. Trellis patio above attached garage, duplex. Nonconforming due to
parking and density.
8. 17-19 MUP. Addition of covered deck on second floor existing four unit building
nonconforming due to parking setbacks and density.
9. 17-20. MUP. Alteration of interior walls and remodel to SFR nonconforming due
to setbacks.
10.17-21. MUP Alteration of garage door to SFR nonconforming due to setbacks.
11.17-23. CUP. First and second floor additions allow new bedroom and other
rooms along with garage addition and roof deck to existing two-story SFR
nonconforming due to setbacks.
12.17-24 (VAR) 71 sq. ft addition of habitable space to a duplex denied because
nonconforming due to density, parking, and setbacks. The Variance was need
for nonconformity due to density and parking. Vote to deny 4-1 (Aguilar voted
no), primarily for nonconformity due to density.
13.17-25 MUP. Removal and reconstruction of front porch. SFR with rear unit above
detached garage. Nonconforming due to setbacks, density and parking. Grgas
abstained.
2018
1. 18-1 CUP 40 sf addition to first floor of SFR nonconforming due to setbacks.
2. 18-4 MUP interior alterations less than 25% and remodel to SFR nonconforming
due to setbacks.
3. 18-6 CUP. Interior remodel and addition to SFR nonconforming due to setbacks.
4. 18-8 MUP addition of glass door and front porch to duplex nonconforming due to
setbacks, density and parking.
5. 18-9 CUP 117 sf addition to SFR nonconforming due to setbacks.
6. 18-10 CUP interior remodel and addition and new porch on primary unit, property
developed with two units nonconforming due to setbacks and parking.
7. 18-11 MUP to remodel duplex including roof nonconforming due to parking,
density and setbacks. Thomas voting no and Grgas abstained.
8. 18-13 CUP and VAR for rear setback. Interior remodel and addition to SFR
nonconforming due to setbacks and lot depth. Campbell voting no.
9. 18-15. MUP change window to sliding door and replace balcony railings at an
apartment nonconforming due to parking, density and setbacks.
10.18-16 MUP exterior doors and windows and replace balcony railings at an
apartment due to density and setbacks.
11.18-17 MUP alteration of less than 25% interior walls, remodel SFR
nonconforming due to setbacks.
12.18-18 CUP interior remodel and addition to second story of a SFR
nonconforming due to setbacks.
13.18-19. MUP replace a staircase to MFR nonconforming due to density and
parking.
14.18-23 MUP interior remodel of duplex nonconforming due to density, parking and
setbacks.
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5
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2019
1. Reso 19-2 MUP interior remodel nonconform due to setbacks
2. Reso 19-3 MUP roof mounted AC nonconforming due to setbacks and height
3. Reso 19-9 CUP. 715 sf 2nd floor addition to existing 2,279 sf SFR and front port
nonconforming due to setbacks
4. Reso 19-11 MUP interior rand exterior remodel. Nonconforming due to setbacks
5. Reso 19-12 MUP interior remodel and exterior remodel nonconform due to
setbacks
6. Reso 19-14 CUP addition of 751 sq. ft. and interior rand exterior remodel
nonconforming due to setbacks
7. Reso 19-15 MUP interior and exterior remodel, etc. nonconform due to height
8. Reso 19-18 MUP interior and exterior remodel nonconform due to lot coverage
2020
1. 20-3 MUP interior and exterior modifications, reconfigure staircase to rooftop,
modify rooftop to allow for deck, trellis patio to SFR nonconforming due to
setbacks. Thomas abstained.
2. 20-7 MUP remodel and removal of less than 25% interior walls to SFR
nonconforming due to setbacks.
3. 20-10 MUP alteration of existing front port, addition of patio cover to SFR
nonconforming due to setbacks.
4. 20-13 MUP roof dec and reconfiguration of existing stairway and façade
upgrades and new railing to triplex nonconforming due to parking and density.
5. 20-14 CUP addition of habitable space, new porch new garage and second story
addition to SFR nonconforming due to setbacks. Miller abstained.
2021
1. 21-01 MUP second floor deck to multi-family nonconforming due to setbacks,
density and parking
2. 21-02 CUP addition of habitable space and remodel SFR nonconforming due to
rear setbacks.
3. 21-11 MUP interior remodel and combine two units into one thereby converting a
triplex into a duplex nonconforming due to density, parking and setbacks.
4. 21-14 CUP interior remodel and addition of second story to SFR nonconforming
due to setbacks.
2022
1. 22-4 MUP interior remodel, entryway addition, front and side porch additions and
patio cover to SFR nonconforming due to setbacks. Miller abstained.
5
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5
5
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2. 22-05 CUP interior remodel and expansion and addition of new porch to SFR
nonconforming due to setbacks.
3. 22-06 MUP exterior and interior remodel alterations less than 25% interior walls
to multi-family residence nonconforming due to density, setbacks and parking.
4. 22-10 CUP interior and exterior remodel and addition of second floor deck
balcony to SFR nonconforming due to height.
5. 22-12 MUP exterior and interior alterations 25% of interior walls MFR
nonconforming due to density, parking and setbacks.
6. 22-17 CUP and VAR for rear setback interior remodel and addition to SFR
nonconforming due to setbacks.
7. 22-20 MUP Construction of a detached two-car garage and open roof deck on
SFR nonconforming due to setbacks.
2023
1. 23-04 CUP interior remodel and addition/reconstruction of a second story to an
SFR nonconforming due to setbacks.
2024
1. 24-02 MUP construction of one-car garage with open roof deck above an SFR
that is non-conforming due to setbacks. Wheeler voted no.
2. 24-06 MUP new 140 SF loft (second floor open space area) within existing
exterior walls, a roof addition over an existing second story balcony, and exterior
modifications to an existing nonconforming SFR.
End of MUP/CUP Survey
Agenda Item N
AGENDA STAFF REPORT
DATE:November 12, 2024
TO:Honorable Mayor and City Council
THRU:Patrick Gallegos, Interim City Manager
FROM:Barbara Arenado, Director of Finance
SUBJECT:Hearing to Consider Customer Appeal of Water Bill at 315
Central Avenue
________________________________________________________________
SUMMARY OF REQUEST:
That the City Council conduct a hearing regarding a disputed water bill for the
billing period covering March 27, 2024 - May 29, 2024. After considering the
evidence presented by the appellant and staff, staff recommends that the City
Council deny the appeal and uphold the charges.
BACKGROUND AND ANALYSIS:
The City of Seal Beach (“City”) received a request from Mr. Rick Faith, representing
the customers of the property at 315 Central Avenue (“Property“), to investigate an
alleged overcharge on their water bills. The bills in question covered the billing
periods from February 9, 2024 - March 27, 2024, and March 27, 2024 - May 29,
2024. However, Mr. Faith did not timely request an investigation of the bill covering
February 9, 2024 – March 27, 2024. Therefore, that bill is not the subject of this
appeal.
Mr. Faith claimed that the charges were higher than normal and requested an
investigation to determine if there was a leak or other issue with the water meter
located at the Property. Mr. Faith requested a reduction in the amount of the
disputed bills but has not stated how much the bills should be reduced. It should
be noted that Mr. Faith has paid the disputed bills in full, and the account is not
delinquent.
Pursuant to Section 5.2 of the City’s Policy on Discontinuation of Water Service,
disputes regarding water bills must be raised in a timely manner, specifically, five
(5) days after receiving a disputed bill. The investigation request for the February
9, 2024 - March 27, 2024, billing period was received after the five-day deadline
had passed. As such, the customer is not entitled to dispute the charges for this
billing under City policy and it is not a part of this appeal.
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The amount of the bill covering the period of March 27, 2024 - May 29, 2024, was
$702.54. Mr. Faith believes that the charges for this period should be reduced to
an amount that is more in line with the average bill he has historically been paying
for the Property.
Provided below are the actions staff took to investigate Mr. Faith’s claims:
1.City Investigation:
On June 21, 2024, the City’s Public Works Department investigated the
water meter and the service connection at the Property. No leaks or
issues were identified.
2.Independent Third-Party Evaluation (Attachment A):
On August 27, 2024, the City engaged Golden Meters Services, Inc. to
conduct an independent evaluation of the meter. The investigation, which
included three (3) separate tests, determined that the meter was under-
reading the water consumption by an average of 5.66%. This means that
the Property had been charged for less water than it actually used. The
City installed a new water meter at its own expense to correct the issue.
3.Conclusion of Investigations:
Both the City and the independent investigator concluded that the water
meter was not over-reading the amount of water usage at the Property
and, therefore, the City’s water bills for the disputed billing periods were
not over-charging for water service. In fact, the under-reading of water
consumption resulted in lower charges than would have been the case if
the meter had been accurate.
Given that both City staff and the independent third-party evaluator concluded that
the water meter was under-reading and that there was no leak to the meter or
overcharges, Mr. Faith’s request for an adjustment to the water bill is without merit.
The City has taken steps to correct the undercharging issue by installing a new
water meter at its own expense, and Mr. Faith is not being held responsible for the
previous undercharges. Since the bill in question has already been paid and there
is no evidence of overcharging, no further action is warranted. Additionally, the City
considered alternative options, such as offering a payment plan, but this is
unnecessary as the bill has been settled.
Staff recommends that the City Council deny the request from Mr. Faith to adjust
the water bill for the Property for the disputed billing period. The evidence does not
support any overcharging. In addition, reducing a water bill without just cause could
create a precedent that undermines the City’s current rate structure and would
result in a special benefit to a private individual without any supporting evidence.
This would mean that the water enterprise fund and other water customers would
have to subsidize the water use of a single customer. It is crucial to uphold the
integrity of the billing process and the City’s commitment to transparency, fairness,
and fiscal responsibility.
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ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has approved this report as to form.
FINANCIAL IMPACT:
The financial impact to the City includes lost revenue due to the under-reading of
the water meter as the customer was charged for less water than they actually
consumed; excessive staff time has been expended to investigate the matter,
including the initial City investigation and coordination with the third-party
independent evaluator; the City additionally covered the cost of replacing the
under-performing meter to ensure accurate future readings.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council conduct a hearing regarding a disputed water bill for the
billing period covering March 27, 2024 - May 29, 2024. After considering the
evidence presented by the appellant and staff, staff recommends that the City
Council deny the appeal and uphold the charges.
SUBMITTED BY: NOTED AND APPROVED:
Barbara Arenado Patrick Gallegos
Barbara Arenado, Director of Finance Patrick Gallegos, Interim City Manager
ATTACHMENTS:
A. Golden Meters Services, Inc. Independent Evaluation