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HomeMy WebLinkAboutPacket 09162024CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 16 September 2024 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Ben Wong District 3 — Richard Coles – Chair District 4 — Patty Campbell District 5 — Margo Wheeler – Vice Chair Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed from 12:00 p.m. to 1:00 p.m. for lunch. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available on the City’s website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. 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 5 minutes. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Commission, although submission of a speaker card is not required in order to address the Commission. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the August 5, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B.Minor Use Permit 24-06 24 B Surfside Avenue Applicant: Steven Sennikoff on behalf of Victor & Patricia Zanoni Request: For Minor Use Permit (MUP 24-06) to permit a covered roof access structure to exceed the maximum roof height by 5 feet 2 1/2" inches on a new single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. Recommendation: After conducting the Public Hearing, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt Resolution No. 24-12, APPROVING Minor Use Permit 24-06 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. C.Zone Text Amendment 24-02 City-wide Applicant: City of Seal Beach Request: For Zone Text Amendment 24-02 amending portions of Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units consistent with State law requirements. Recommendation: After conducting the Public Hearing, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt Resolution 24-13, RECOMMENDING APPROVAL of Zone Text Amendment 24-02 to the City Council, and finding the action EXEMPT from the California Environmental Quality Act. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, October 7, 2024, at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:September 16, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the August 5, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on August 5, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. August 5, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission August 5, 2024 Chair Coles called the Planning Commission meeting to order at 7:00 p.m. Commissioner Wong led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Samuel Funes, Assistant Planner Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk PUBLIC COMMUNICATIONS Chair Coles opened public communications. Speakers: Ken Seiff. Chair Coles closed public communications. Deputy City Clerk DeCriscio announced that no emailed comments were received after posting the agenda. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re-arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. Motion by Commissioner Campbell, second by Commissioner Wong to approve the agenda. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the July 15, 2024, Planning Commission Minutes Motion by Vice Chair Wheeler second by Commissioner Mingione to approve the consent calendar. 8 6 2 8 AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS – None PUBLIC HEARINGS B. Conditional Use Permit 24-01 13932 Seal Beach Boulevard Applicant: Elmira Shojaei Request: For a Conditional Use Permit (CUP 24-01) to allow the expansion of a Medical Services Clinic in the Service Commercial (SC) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-09, APPROVING Conditional Use Permit 24-01 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. Assistant Planner Funes provided a comprehensive staff report. Commissioners’ questions were addressed by Senior Assistant City Attorney Greyson and Community Development Director Smittle. Chair Coles opened the public hearing. Speakers: Applicant, Elmira Shojaei. Chair Coles closed the public hearing. Commissioner Mingione moved, second by Commissioner Wong, to adopt Resolution No. 24-09, APPROVING Conditional Use Permit 24-01 with Conditions and find the project exempt from CEQA. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried 8 6 2 8 Senior Assistant City Attorney Greyson noted that there is a ten-day appeal period that starts August 6, 2024. Additionally, she clarified that the legal requirement for the item has been met. C. Minor Use Permit 24-04 and Minor Use Permit 24-05 136 6th Street (MUP 24-04); 138 6th Street (MUP 24-05) Applicant: Jeffrey Dahl, architect, on behalf of the property owner, Thuy Nguyen Request: For Minor Use Permit (MUP) 24-04 and MUP 24-05 to allow a porch to exceed 50 percent of the width of the front façade for a proposed single-family residence while extending into the front setback, for a property located at 136 6th Street (MUP 24-04) and a property at 138 6th Street (MUP 24-05), both located in the Residential High Density 20 (RHD-20) zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-10, APPROVING Minor Use Permit 24-04 with Conditions, and adopt Resolution No. 24-11, APPROVING Minor Use Permit 24-05 with Conditions, finding both projects exempt from CEQA. Planning Manager Temple provided a comprehensive staff report. Commissioners’ questions regarding Coastal Commission approval were addressed. Chair Coles opened the public hearing. Speakers: Applicant, Jeffery Dahl. Chair Coles closed the public hearing. Commissioner Wong moved, second by Vice Chair Wheeler, to adopt Resolution No. 24- 10 and 24-11, APPROVING Minor Use Permit 24-04 and 24-05 with Conditions and find the project exempt from CEQA. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried Senior Assistant City Attorney Greyson noted that there is a ten-day appeal period that starts August 6, 2024. DIRECTOR’S REPORT Community Development Director Smittle announced that the Community Development Department had received another set of comments from the California Department of Housing and Community Development (HCD) regarding the housing element. She noted that the comments were not substantive in nature. 8 6 2 8 COMMISSION CONCERNS There were no commissioner concerns. ADJOURNMENT Chair Coles adjourned the Planning Commission meeting at 7:36 p.m. to Monday, August 19, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 1 8 8 2 PLANNING COMMISSION STAFF REPORT DATE:September 16, 2024 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Samuel Funes, Assistant Planner SUBJECT:Request for Minor Use Permit (MUP 24-06) to permit a covered roof access structure to exceed the maximum roof height by 5 feet 2 1/2" inches on a new single-family residence in Surfside Colony in the Residential Low Density (RLD-9) zoning area. LOCATION:24 B Surfside Avenue APPLICANT:Steven Sennikoff on behalf of Victor & Patricia Zanoni RECOMMENDATION:After conducting the Public Hearing, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt Resolution No. 24-12, APPROVING Minor Use Permit 24-06 with Conditions and find the project EXEMPT from CEQA. GENERAL PLAN DESIGNATION: RESIDENTIAL LOW DENSITY ZONE:RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 178-491-12 LOT AREA: 1,559 sq. ft. GROSS FLOOR AREA: 2,991.76 sq. ft. SURROUNDING PROPERTIES: NORTH: Pacific Coast Highway (California 1) SOUTH: Residential Low Density (RLD-9) EAST: Residential Low Density (RLD-9) WEST: Residential Low Density (RLD-9) 1 8 8 2 ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction of Small Structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), for the construction of new covered roof access structure. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday September 5, 2024 and mailed to property owners and occupants within a 300-foot radius of the subject property on September 3, 2024, with affidavits of publishing and mailing on file. ANALYSIS The architect, Steven Sennikoff, on behalf of the property owners, Victor and Patricia Zanoni, (“the applicant”) filed an application with the Community Development Department for Minor Use Permit 24-06. The subject site is a 1,559-square-foot parcel located on the north side of Surfside Avenue within Surfside Colony, a gated private residential community. The applicant proposes to demolish the existing one-story single-family residence and reconstruct a three-story, single- family residence with an attached accessory dwelling unit. The property is in the Residential Low Density (RLD-9) zone, surrounded by residential use, and entails adding a covered roof access structure to the rooftop deck. The applicant is proposing the covered roof access structure will exceed the maximum roof height by 5 feet 2 ½ inches. As measured from the roof deck level, the covered roof access structure measures 11 feet 1/2 inches in height and is approximately 19 feet 4 1/2 inches in length by 4 feet 5 inches in width. The covered roof access structure is kept to a minimum size per code requirements and measures approximately 85.39 square feet. The covered roof access structure will include a covered stairwell area. The roof access structure is constructed along the north peripheral wall of the rooftop area and will include architectural features consistent with the design of the residence. Seal Beach Municipal Code (SBMC) Section 11.2.05.015.A.6 (Residential Districts – Development Standards for Surfside) provides for non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets, domes, and covered access to open roof decks may exceed the height limit established pursuant to SBMC Section 11.2.05.015.A.3 (Residential Districts – Development Standards for Surfside) up to a maximum of 7 feet, if granted pursuant to a Minor Use Permit approval. The height maximum for structures within Surfside Colony is 35 feet. The maximum height elevation of the proposed covered roof access structure is 5 feet 2 ½ inches above the 35-foot height limit, a total of 1 foot 9 ½ inches below the 7 feet maximum height increase. The total building height will be 40 feet 2 ½ inches at the peak of the structure. With exception to the covered roof access structure, the building height is 33 feet 10 inches. The Surfside Colony Architectural Review Board has reviewed and approved the addition and remodel. The proposal meets all applicable criteria set forth in the SBMC Sections 11.2.05.015.A.3 and 11.2.05.015.A.6.c Residential Districts – Development Standards for Surfside). The covered stairwell will be comprised of roofing materials consistent with the remainder of the roof deck and proposed new structure. The roof-covered access structure is located along a peripheral exterior 1 8 8 2 wall of the structure as required. The structure occupies a minimal proportion of the roof deck. Furthermore, the proposed structure is consistent with the character and integrity of the neighborhood as the surrounding area has numerous existing covered roof access structures that also obtained Minor Use Permit approvals to exceed the 35-foot height maximum. Lastly, the structure will not significantly impair the primary view of surrounding properties located within 300 feet because it only 85.39 square feet with the long side oriented perpendicular to the coastline. The roof access structure covers a limited portion of the roof top while also being located on the B Row. Primary views from the properties on row A will remain unobstructed. Additionally, this geographic section of Surfside Colony does not have properties on C Row. Staff believes that the design and location of the covered roof access structure, as proposed, meets the standards set forth in the Seal Beach Municipal Code, and is similar in size to previous Minor Use Permit approvals related to covered roof access structures. CONCLUSION After conducting the public hearing and receiving testimony, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt the attached Resolution No. 24-12 approving MUP 24-06 to permit a covered roof access structure to exceed the allowable 35-foot height limit by 5 feet 2 ½ inches at 24 B Surfside Avenue, and find the project exempt from CEQA. Samuel Funes Alexa Smittle Samuel Funes Alexa Smittle Assistant Planner Community Development Director Prepared by: Samuel Funes Attachments: 1. Resolution No. 24-12 2. Plans – MUP 24-06 3. Vicinity Map 4. Aerial Map -1 of 4- RESOLUTION NO. 24-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 24-06 TO PERMIT A COVERED ROOF ACCESS STRUCTURE TO EXCEED THE MAXIMUM ROOF HEIGHT BY 5 FEET 2 ½ INCHES AT A PROPOSED SINGLE-FAMILY RESIDENCE AT 24 B SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff, on behalf of property owners Victor and Patricia Zanoni, (“the applicant”) submitted an application to the Community Development Department for Minor Use Permit 24-06. The proposed project would allow for the construction of a covered roof access structure which is a non-habitable architectural feature in excess of the 35-foot maximum height in the Surfside Colony in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction of Small Structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction of a covered roof access structure that exceeds the maximum building height by 5 feet 2 ½ inches on a single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on September 16, 2024, to consider Minor Use Permit 24-06. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 24-06 for a proposed project at 24 B Surfside Avenue, Seal Beach, California. B. The applicant is requesting to construct an approximately 19 feet 4 and ½ inches in length by 4 feet 5 inches in width covered roof access structure that will exceed the height limit by 5 feet 2 and ½ inches at 24 B Surfside Avenue. Under the Seal Beach Municipal Code; 7 feet is the maximum height variation permitted through a Minor Use Permit. C. The subject property is rectangular in shape with a lot area of approximately 2,991.76 square feet. The property is approximately 26 feet wide by 60 feet deep. The site is surrounded by residential uses. D. The proposed covered roof access structure will have roof lines, roofing material, siding and exterior paint that are architecturally compatible with the proposed dwelling. Resolution No.24-12 24 B Surfside Ave -2 of 4- 9 3 8 4 Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Seal Beach Municipal Code (SBMC) Section 11.5.20.020 (Development Permits – Required Findings), the Planning Commission makes the following findings: A. The proposed structural alterations are consistent with the General Plan. The General Plan specifies that redevelopment in the Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed roof access structure will not change the character of the residence and will be consistent with other properties that have existing access structures projecting above the maximum height. B. The proposed use is allowed within the Residential Low Density-9 (RLD-9) zoning district with Minor Use Permit approval and complies with all other applicable provisions of the Municipal Code. The subject site is located within the Surfside Colony, an area where SBMC Section 11.2.05.015.A.3 (Residential Districts – Development Standards for Surfside) allows a maximum projection of 7 feet beyond the height maximum for non-habitable architectural features subject to approval of a Minor Use Permit. The proposed covered roof access structure will exceed the 35 feet maximum height by 5 feet 2 and ½ inches while staying 1 foot 9 and ½ inches below the 42-foot allowed maximum. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is proposed to be developed with a three-story, single-family residence with a roof deck. The proposed covered roof access structure will not add habitable space and will remain consistent with development standards set for the Surfside RLD-9 zone. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. Roof decks and covered roof access structures are common non-habitable architectural features associated in this RLD-9 zoning district. The property is proposed to be used as a single-family residence which is consistent with the surrounding area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed covered roof access structure will not increase bedrooms, habitable or storage space to the residence. The subject site is proposed to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. F. The proposed non-habitable architectural feature, as conditioned, is architecturally consistent with the proposed structure, with roof pitch, roof materials and siding that are architecturally compatible with that of the remainder of the structure. The applicant will use the same finishes and materials as proposed for the new structure. Resolution No.24-12 24 B Surfside Ave -3 of 4- 9 3 8 4 A. The covered roof access structure to the open roof deck is located along the peripheral exterior wall of the building structure. The proposed structure will appear to be an integral part of the proposed residence. B. The structure will not significantly impair the primary view of surrounding properties because it only covers a limited portion of the roof top with the long side oriented perpendicular to the coastline. Additionally, the residence is located on the B Row. Primary views from the property in A row are not obstructed while this geographic section of Surfside Colony does not have C Row properties developed. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 24-06 to allow for the construction of a covered roof access structure which is a non-habitable architectural feature in excess of the 35-foot maximum height in the RLD-9 zoning district of the Surfside Colony, subject to the following conditions: 1. Minor Use Permit 24-06 is approved for the construction of a non-habitable architectural feature for a Covered Roof Access Structure that is 5 feet 2 and ½ inches above the 35-foot height limit at 24 B Surfside Avenue. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-06. All new construction shall comply with all applicable sections of the City’s Zoning Code. 3. There shall be no habitable space permitted within the covered roof access structure. 4. Roof pitches and exterior finishes of the Covered Roof Access Structure shall be compatible with the proposed roof pitches and exterior finishes. 5. Building permits shall be obtained for all new construction requiring such permits. 6. Applicant shall obtain California Coastal Commission approval prior to building permit issuance. 6. This Minor Use Permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 7. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively “the City” hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Minor Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend and hold harmless the City as Resolution No.24-12 24 B Surfside Ave -4 of 4- 9 3 8 4 stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 16th day of September 2024, by the following vote: AYES: Commissioners _________________________________________ NOES: Commissioners _________________________________________ ABSENT: Commissioners _________________________________________ ABSTAIN: Commissioners _________________________________________ _________________________________ Richard Coles Chairperson ATTEST: _________________________________ Alexa Smittle Planning Commission Secretary AERIAL MAP: VICINITY MAP: PLANNING COMMISSION STAFF REPORT ______________________________________________________________________ DATE:September 16, 2024 TO:Planning Commission THRU: Alexa Smittle, Community Development Director FROM:Patricia Garcia, Associate Planner SUBJECT: ZONE TEXT AMENDMENT 24-02 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS LOCATION:Citywide – All Residential and Mixed-Use Zones RECOMMENDATION:After conducting the Public Hearing, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt Resolution 24-13, RECOMMENDING APPROVAL of Zone Text Amendment 24-02 to the City Council, and finding the action EXEMPT from the California Environmental Quality Act. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding called accessory dwelling units in residential and mixed-use zones as mandated by Government Code 66310 through 66342. Zone Text Amendment 24-02 September 16, 2024 Page 2 of 9 1 8 8 3 LEGAL NOTIFICATION Legal notice of the Public Hearing was published in the Sun Newspaper on September 5, 2024. An affidavit of publication is on file. As of the date of this report, no public comment has been received. Any additional written comments received will be forwarded under separate cover. BACKGROUND Over the course of the last several years, the City has routinely updated its Municipal Code related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to remain compliant with State law. The most recent update was about a year ago, when the City Council adopted Ordinance No. 1706 (Zone Text Amendment 23-1) on September 11, 2023. Since that time, new State legislation has been passed that requires the City to modify the zoning code text to align with the most recent State legislation regarding ADUs. Additionally, the City received comments in response to Ordinance No. 1706 from the California State Department of Housing and Community Development (HCD). The Zone Text Amendment (ZTA) will address the comments received. ANALYSIS The following is a discussion on each of the standards related to these changes that will require an amendment to Seal Beach Municipal Code (SBMC) Section 11.4.05.115 (Accessory Dwelling Units): HCD Recommendations Following the adoption of Ordinance No. 1706 (ZTA 23-1) last year, the City submitted Ordinance No. 1706 to HCD for review and comment; and on August 20, 2024, HCD provided comments and requirements for modifications to the Ordinance. One of the recommendations was the incorporation of Senate Bill 477 (SB 477), which went into effect on March 25, 2024. The remaining recommendations are language modifications to match State legislation. Cities are given the option of changing their Municipal Code to match State law or to make findings in a Resolution that explain the reasons the City believes they are in compliance with State law. If no action is taken, HCD will refer the matter to the California Office of the Attorney General. City staff, in conjunction with the City Attorney’s office, recommends modifying Ordinance 1706 to ensure compliance and avoid legal proceedings. Government Code Section 66323 This section of the Government Code regulates the number of permitted ADUs per State legislation. Previously, legislation allowed a single family home to add both an ADU and a JADU for a total of three units on a parcel. However, as described in the August 20, 2024 letter from HCD, new language in this section allows any combination of ADU types. Based on this interpretation, if in compliance with Government Code 66323, a property with a single-family dwelling would be allowed (a) one ADU that is either conversion of existing space or part of a proposed new home, (b) one detached ADU, and (c) a JADU, Zone Text Amendment 24-02 September 16, 2024 Page 3 of 9 1 8 8 3 for a possible total of four units on a lot zoned to accommodate one unit. Additionally, multi-family dwelling properties would be allowed to create at least one unit from existing non-habitable space, and a maximum of two detached ADUs. Staff has updated the Municipal Code language to mirror that of the State. SB 477 The purpose of Senate Bill 477 is to simplify and consolidate the ADU and JADU laws. The changes implemented by SB 477 are organizational in nature. The bill adds Chapter 13 to the Government Code, Title 7, Division 1. The bill deleted Government Code Sections 65852.2, 6585.22, and 65852.26 and relocated those deleted sections into Chapter 13 (Government Code Sections 66310-66342), which consists of four articles: Article 1 – General Provisions, Article 2 – Accessory Dwelling Units, Article 3 – Junior Accessory Dwellings, and Article 4 - Accessory Dwelling Unit Sales. Staff is amending the ADU ordinance to reflect the newly assigned Government Code sections. Conveyance State law allows for separate conveyance of an ADU from the primary residence if certain conditions are met. Staff proposes to add language to clearly prohibit separate conveyance unless required by Government Code Section 66341 as stipulated. Certificate of Occupancy State law prohibits the issuance of a certificate of occupancy for an ADU before the issuance of a certificate of occupancy for the primary dwelling. Staff proposes to include language consistent with State law to ensure when a permit application for an accessory dwelling is submitted in conjunction with a permit application to create a new single-family or a new multifamily dwelling, the primary residential structure is constructed before the ADU. Owner Occupancy Requirements Previous law provides that a local agency may require owner-occupancy of either a primary dwelling or an ADU on a single-family lot after January 1, 2025. AB 976 eliminates the authority of local agencies to impose owner-occupancy requirements on an ADU. Tandem Parking State law allows tandem spaces on the driveway to be counted as parking spaces for ADUs, when parking is required. Staff proposes amending the ADU ordinance to match Government Code Section 66314. Rentals Government Code Section 66315 provides that the statutes establish the maximum standards that may be imposed on ADUs, with the exception of rental terms. This section allows local agencies, if they choose, to require that if rented out, the rental term be 30 days or longer. Staff amended current code text to reflect this language. Requiring ADUs and JADUs to be rented for 30 days or more is also consistent with Municipal Code Section 11.4.05.135 governing short term rentals. Zone Text Amendment 24-02 September 16, 2024 Page 4 of 9 1 8 8 3 Proposed Text Amendments The following table provides a line-by-line review of the proposed changes in sequential order in the left column with reference to one of the discussed sections above in the right column. Text proposed to be added to the ordinance will be bold and underlined, text proposed for removal will have a strikethrough. A full copy of the Ordinance will also be included as part this hearing package for review. Proposed Amended Standards Related Discussion Section Sec. 11.4.05.115 (A) – Purpose and Applicability. The purpose of this section is to implement the requirements of Government Code Sections 66310 through 66342 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control. SB 477 Sec. 11.4.05.115 (B) – Definitions. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 66313 65852.22, as the same may be amended from time to time. SB 477 Sec. 11.4.05.115 (B) – Definitions. “Public transit,” has the meaning ascribed in Government Code Section 66313(l) 65852.2(j), as the same may be amended from time to time. SB 477 Sec. 11.4.05.115 (B) – Definitions. “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time. SB 477 Sec. 11.4.05.115 (B) – Definitions. Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 66323 65852.2(e). SB 477 Zone Text Amendment 24-02 September 16, 2024 Page 5 of 9 1 8 8 3 Sec. 11.4.05.115 (C)(3) – Permits Required. 3) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. Certificate of Occupancy Sec. 11.4.05.115 (C)(4)(c)(i) – Unpermitted ADUs constructed before 2018. (B) The ADU does not comply with the state ADU law (Government Code sections 66310 through 66342 65852.2) or this Section. SB 477 Sec. 11.4.05.115 (C)(4)(c)(ii) – Unpermitted ADUs constructed (B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3 17920. Government Code Section Update Sec. 11.4.05.115 (D)(1) – Statewide Exemption ADUs 1) Pursuant to Government Code Section 66323 65852.2, upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: SB 477 Sec. 11.4.05.115 (D)(1)(a)(i) – Statewide Exemption ADUs i. The JADU is within the proposed space of a proposed single- family dwelling or existing space of a single-family dwelling (including any attached garage). Updated to remove confusion that “proposed space” is not an addition to an existing single- family residence, but rather as part of a proposed residence. Sec. 11.4.05.115 (D)(1)(a)(ii)– Statewide Exemption ADUs ii. The ADU or JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed Updated to match State Code. Zone Text Amendment 24-02 September 16, 2024 Page 6 of 9 1 8 8 3 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. Sec. 11.4.05.115 (D)(1)(a)(v)– Statewide Exemption ADUs v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333 65852.22 and with the requirements set forth in subsection (F) of this section. SB 477 Sec. 11.4.05.115 (D)(1)(c)– Statewide Exemption ADUs c) ADUs on Parcel with Existing or Proposed Multifamily Dwelling. A property owner may be allowed to develop any of the following ADUs on a lot in accordance with only one of the following two categories (i or ii): i. ADU within Non-Livable Space in Existing Multifamily Dwelling. At least one One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure.; or ii. Detached New Construction ADUs for Existing or Proposed Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser setback shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling. Update to match State code per HCD letter and clarification on setback Sec. 11.4.05.115 (E)(1) – ADUs not subject to Statewide Exemption SB 477 Zone Text Amendment 24-02 September 16, 2024 Page 7 of 9 1 8 8 3 1) Pursuant to Government Code Sections 66313 through 66322 65852.2(a) through (d), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection. Sec. 11.4.05.115 (E)(5) – ADUs not subject to Statewide Exemption 5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317 65852.2. The City shall approve or deny act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60- day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. SB 477 Update to match State code per HCD letter Sec. 11.4.05.115 (F)(2)(i) – ADUs not subject to Statewide Exemption i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 2) 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. Update to match State code per HCD letter Sec. 11.4.05.115 (F)(3) – Parking Requirements a)Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway of the same lot. b)Exception. An additional off-street parking space is not required if If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than Update to match State code Zone Text Amendment 24-02 September 16, 2024 Page 8 of 9 1 8 8 3 one bedroom, or an additional off-street parking space is not required for such ADU if any of the following provisions are met: Sec. 11.4.05.115 (F)(3)(b) – Parking Requirements vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single- family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). Update to match State code per HCD letter Sec. 11.4.05.115 (G) – Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: SB 477 Sec. 11.4.05.115 (H) – No Separate Conveyance. H. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term longer than 30 days. Rentals of 30 days or less are prohibited. Conveyance Rentals Sec. 11.4.05.115 (I) – Covenant required. I. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, confirming placing the following restrictions applicable to the property, the property owner, and all successors in interest: 1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term longer than 30 days.Except as otherwise required by Government Code Section 66341 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented. 2) Rentals of 30 days or less are prohibited. The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. HCD Letter Owner Occupancy Requirements Rentals Zone Text Amendment 24-02 September 16, 2024 Page 9 of 9 1 8 8 3 4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record. Sec. 11.4.05.115 (J) (1) – Fees and utility connections. 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. SB 477 CONCLUSION: After conducting the Public Hearing, and after considering all evidence and testimony presented, staff recommends that the Planning Commission adopt Resolution 24-13, RECOMMENDING APPROVAL of Zone Text Amendment 24-02 to the City Council, and finding the action EXEMPT from the California Environmental Quality Act. Patricia Garcia__________ _Alexa Smittle_______ Patricia Garcia Alexa Smittle Associate Planner Director of Community Development Prepared by: Patricia Garcia Attachments: 1. Resolution No. 24-13 with Draft Ordinance 2. Letter from the California Department of Housing and Community Development Dated August 20, 2024 9 3 9 1 RESOLUTION NO. 24-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 24-02 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) CONSISTENT WITH STATE LAW REQUIREMENTS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: WHEREAS, On September 11, 2023, the City Council adopted Ordinance No. 1706, amending the standards applicable to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the requirements of the California Planning and Zoning Law; and WHEREAS, In accordance with Government Code Section 66326, the City submitted Ordinance No. 1706 to the California Department of Housing and Community Development for review and comment; and on August 20, 2024, the California Department of Housing and Community Development provided comments on Ordinance No. 1706 with recommendations for modifications to the Ordinance; WHEREAS, The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance; and WHEREAS, Staff has identified areas of the current standards applicable to ADUs and JADUs that require amendment to become compliant with California Government Code Sections 66310 through 66342 and to clarify standards; and WHEREAS, the Planning Commission is authorized, pursuant to Section 11.5.05.010.B of the Municipal Code to make a written recommendation to the City Council to approve, approve with modifications, or disapprove amendments to the Zoning code; and WHEREAS, the Community Development Department has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and finds and determines that the adoption of ordinance regarding accessory dwelling units is exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (h), as an action to implement the provisions of Government Code Sections 66310 through 66342; and WHEREAS, the Community Development Department on September 5, 2024, caused to be published a legal notice in the Sun Newspaper, a local paper of general circulation, a hearing notice indicating the date, time, and location of the public hearing on the proposed Zone Text Amendment; and 9 3 9 1 WHEREAS, on September 16, 2024, the Planning Commission held the duly noticed public hearing where interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: Section 1. Environmental Findings. Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding accessory dwelling units in residential and mixed-use zones. Section 2. Required findings for Zone Text Amendment 24-02. In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the council shall make any environmental findings required pursuant to Chapter 11.5.35 (Environmental Review) and determine whether the proposed action is consistent with the general plan and any applicable specific plan. The Planning Commission hereby makes the following findings, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of the recommendation for approval of Zone Text Amendment 24-02: Finding 1. The proposed amendment is consistent with the following General Plan Goals and Policies: Land Use Element 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. 2. Housing: It is to be a goal of the City to preserve its low- and medium-density residential character while still providing a wide choice of living accommodations and lifestyles for its residents. Housing Element 1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents. The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households. 2. Program 1h: Accessory Dwelling Units: Accessory dwelling units (ADUs) can provide affordable housing options for a wide range of household types, many 9 3 9 1 of which may have very low- or extremely low- incomes. The City will continue to encourage ADU production consistent with State law, which shall include: 1. Revisions and updates to the City’s adopted ADU Ordinance as needed for consistency with State law; and 2. Website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable. The proposed amendments will bring the Ordinance into consistency with State law. 3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate-income households. 4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless. Finding 2. Environmental findings required pursuant to Chapter 11.5.35. Environmental findings are not applicable because the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). Section 3. On September 16, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-02, which would amend Title 11 Section 11.4.04.115 of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other minor corresponding amendments to the City’s Zoning Code as set forth in the draft ordinance included as Attachment “A”. Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other evidence in the record, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 24-02. 9 3 9 1 PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 16, 2024, by the following vote: AYES: Commissioners _________________________ NOES: Commissioners ___________________________________________ ABSENT: Commissioners _________________________________________________ ABSTAIN: Commissioners ________________________________________________ _________________________________ Richard Coles ATTEST: Chairperson _________________________________ Alexa Smittle Planning Commission Secretary 9 3 9 1 ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-02 9 3 9 2 DRAFT ACCESSORY DWELLING UNIT ORDINANCE [proposed additions highlighted; proposed deletions marked by strike outs] Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Sec. 11.4.05.115. - Accessory dwelling units. A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 66310 through 66342 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control. B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence. 1. “Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2. “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed primary dwelling and shares a common wall with the primary dwelling. 3. “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed primary dwelling, which does not share any walls with the primary dwelling. 4. “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5. “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 9 3 9 2 6. “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 66313 65852.22, as the same may be amended from time to time. 7. "Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8. “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use. 9. “Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10. “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11. “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located. 12. “Public transit,” has the meaning ascribed in Government Code Section 66313(l) 65852.2(j), as the same may be amended from time to time. 13. “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time. 14. Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 66323 65852.2(e). C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements. 1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the director or designee. 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 9 3 9 2 construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling. 4) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. a. Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes. b. An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c. Unpermitted ADUs constructed before 2018. i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds: (A)The ADU violates applicable building standards, or (B)The ADU does not comply with the state ADU law (Government Code sections 66310 through 6634265852.2) or this Section. ii. Exceptions: (A)Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. (B)Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3 17920. d. Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application 9 3 9 2 15. related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU. D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 66323 65852.2, upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: i. The JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU or JADU is within the proposed space of a proposed single- family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space of a single-family dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area. iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior access between the primary unit and the ADU shall be prohibited. iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333 65852.22) and with the requirements set forth in subsection (F) of this section. b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section. i. The ADU shall be no more than 800 square feet in size. 9 3 9 2 ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”. iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply. c) ADUs on Parcel with Existing or Proposed Multifamily Dwelling. A property owner may be allowed to develop any of the following ADUs on a lot in accordance with only one of the following two categories (i or ii): i. ADU within Non-Livable Space in Existing Multifamily Dwelling. At least one One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or. ii. Detached New Construction ADUs for Existing or Proposed Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser setback shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high- quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling. 2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single- family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. D. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 66313 through 66322 65852.2(a) through (d), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition 9 3 9 2 16. permit application shall be filed concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit. 3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. 4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required. 5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 66317 65852.2. The City shall act upon approve or deny the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60-day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code. 6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. 7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. E. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards: 1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards: a) Size restrictions. 9 3 9 2 i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 2) 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling. iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City 9 3 9 2 Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply. ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size. e) Lot Coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in Section 11.4.05.115 (F)(2)(b), and compliant with a minimum 4-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City 9 3 9 2 that are applicable to the zoning district or Specific Plan area where the ADU is located. g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited. h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling. i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements: a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway of the same lot. b) Exception. An additional off-street parking space is not required if If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, or an additional off-street parking space is not required for such ADU if any of the following provisions are met: i. The ADU is located within one-half mile walking distance of Public Transit; or ii. The ADU is located within an architecturally and historically significant historic district; or iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle. 9 3 9 2 vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b). c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 4) Other provisions: a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes. F. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single- family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 66333. 6) No additional parking is required for a JADU. G.No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term longer than 30 days. Rentals of 30 days or less are prohibited. 9 3 9 2 H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, confirming placing the following restrictions applicable to on the property, the property owner, and all successors in interest: 1)Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term longer than 30 days. Except as otherwise required by Government Code Section 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented. 2)Rentals of 30 days or less are prohibited. The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. 4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record. I. Fees and utility connections. 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high 9 3 9 2 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.”