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Home My WebLink AboutPacket_2024_10_21CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 21 October 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 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 September 16, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B.Conditional Use Permit 24-02 141 Tenth Street Applicant: Steven Sennikoff Request: For a Conditional Use Permit (CUP 24-02) to convert a duplex, nonconforming due to density, parking, and setbacks, to a single-family residence, nonconforming due to rear setback, with additions proposed, in the Residential High Density-20 (RHD-20) Zone. The project includes an attached second-floor accessory dwelling unit and junior accessory dwelling unit. Recommendation: After conducting the Public Hearing and considering all testimony, staff recommends that the Planning Commision adopt Resolution No. 24- 14, APPROVING Conditional Use Permit 24-02 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. C.Zone Text Amendment 24-03 Citywide Applicant: City of Seal Beach Request: For 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 accommodations requests, modification to residential front yard permeable surface requirements, modification to parking requirements for recreational vehicles in residential driveways, and updates to the accessory dwelling unit standards pursuant to Senate Bill 1211 and Assembly Bill 2533 (Statute of 2024). Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 24-03 and after considering all evidence and testimony presented adopt Resolution 24-15 RECOMMENDING APPROVAL of Zone Text Amendment 24-03 to the City Counicl and finding the project EXEMPT from CEQA. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, November 4, 2024, at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:October 21, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the September 16, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on September 16, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. September 16, 2024 Planning Commission Minutes 9 4 7 0 City of Seal Beach – Regular Meeting of the Planning Commission September 16, 2024 Vice Chair Wheeler called the Planning Commission meeting to order at 7:00 p.m. Commissioner Mingione led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler Absent: Commissioner: Coles Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Samuel Funes, Assistant Planner Patricia Garcia, Associate Planner Brandon DeCriscio, Deputy City Clerk PUBLIC COMMUNICATIONS Vice Chair Wheeler opened public communications. Speakers: None. Vice Chair Wheeler 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 and approve the excused absence of Chair Coles. Motion by Commissioner Campbell, second by Commissioner Mingione to approve the agenda and approve the excused absence of Chair Coles. AYES: Mingione, Wong, Campbell, Wheeler NOES: None ABSENT: Coles ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the August 5, 2024, Planning Commission Minutes Motion by Commissioner Campbell second by Commissioner Mingione to approve the consent calendar. 9 4 7 0 AYES: Mingione, Wong, Campbell, Wheeler NOES: None ABSENT: Coles ABSTAIN: None Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS – None 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. Assistant Planner Funes provided a comprehensive staff report. Vice Chair Wheeler opened the public hearing. Speakers: Applicant, Steven Sennikoff, Art Gallucci, Joann Gallucci. Vice Chair Wheeler closed the public hearing. A discussion ensued between Commissioner Campbell, Vice Chair Wheeler, and Senior Assistant City Attorney Greyson regarding parking regulations. Commissioner Mingione moved, second by Commissioner Wong, to adopt Resolution No. 24-12, APPROVING Minor Use Permit 24-06 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. AYES: Mingione, Wong, Campbell, Wheeler NOES: None ABSENT: Coles ABSTAIN: None Motion Carried 9 4 7 0 Senior Assistant City Attorney Greyson noted that there is a ten-day appeal period that starts September 17, 2024. 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. Associate Planner Garcia provided a comprehensive staff report. Vice Chair Wheeler opened the public hearing. Speakers: None. Vice Chair Wheeler closed the public hearing. Commissioner Mingione expressed his desire to clarify the language related to rental of Accessory Dwelling Units and Junior Accessory Dwelling units. A discussion ensued between Commissioner Mingione, Vice Chair Wheeler and Senior Assistant City Attorney Greyson. Senior Assistant City Attorney Greyson clarified that the proposed language updates were drafted to comply with State legislation, but noted that section H and I can be revised to read that an ADU can be rented for a term of 30 days or longer and rentals of less than 30 days are prohibited. Commissioner Mingione moved, second by Commissioner Wong, to adopt Resolution 24- 13, RECOMMENDING APPROVAL of Zone Text Amendment 24-02 consistent with the Assistant City Attorney’s suggested revisions to the City Council, and finding the action EXEMPT from the California Environmental Quality Act. AYES: Mingione, Wong, Campbell, Wheeler NOES: None ABSENT: Coles ABSTAIN: None Motion Carried 9 4 7 0 DIRECTOR’S REPORT Community Development Director Smittle announced that the Seal Beach Tennis and Pickleball Center Ribbon Cutting Ceremony, would be held on Friday, September 20, 2024, at 5:00 p.m. following a year-long renovation process. Additionally, Community Development Director Smittle announced that the third Seal Beach Municipal Election Information Community Meeting is scheduled for Wednesday, September 25, 2024, at 6:00 p.m., at the Seal Beach Tennis and Pickleball Center. COMMISSION CONCERNS There were no commissioner concerns. ADJOURNMENT Vice Chair Wheeler adjourned the Planning Commission meeting at 7:41 p.m. to Monday, October 7, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE: October 21, 2024 TO: Planning Commission THRU: Alexa Smittle, Community Development Director FROM: Samuel Funes, Assistant Planner SUBJECT: Request for a Conditional Use Permit (CUP 24-02) to convert a duplex, nonconforming due to density, parking, and setbacks, to a single-family residence, nonconforming due to rear setback, with additions proposed, in the Residential High Density-20 (RHD-20) Zone. The project includes an attached second-floor accessory dwelling unit and junior accessory dwelling unit. LOCATION: 141 Tenth Street APPLICANT: Steven Sennikoff RECOMMENDATION: After conducting the Public Hearing and considering all testimony, staff recommends that the Planning Commission adopt Resolution No. 24-14, APPROVING Conditional Use Permit 24-02 with Conditions and finding the project EXEMPT from the California Environmental Quality Act. GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: ASSESSOR’S PARCEL NUMBER: 199-044-04 LOT AREA: 2,937.5 SQ. FT. GROSS FLOOR AREA: 3,541.4 SQ. FT. SURROUNDING PROPERTIES: NORTH: MAIN STREET SPECIFIC PLAN (MSSP) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) WEST: RESIDENTIAL HIGH DENSITY (RHD-20) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 3 (New Construction or Conversion 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 conversion of a duplex to a single-family residence with an ADU and JADU, and the area is not environmentally sensitive. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on October 10, 2024 and mailed to property owners and occupants within a 500’ radius of the subject property on October 8, 2024, with affidavits of publishing and mailing on file. ANALYSIS Steven Sennikoff, (“the applicant”) on behalf of Mario and Josephine Pinel (“the owner”), is requesting to convert an existing two-story duplex with two attached single-car garages into a single-family residence on the first floor with an ADU and JADU on the second floor, with additions to the structure on both the first and second floors. The subject site is located on the west side of 10th Street between Central Avenue and Ocean Avenue in the Old Town area. The subject structure is currently nonconforming due to density, parking, and side and rear yard setbacks. Table 11.2.05.015 (Development Standards for Residential Districts) of the Seal Beach Municipal Code (SBMC) allows one unit per 2,178 square feet of lot area. The existing lot size is 2,937.5 square feet, large enough to accommodate one unit under the existing Municipal Code. Table 11.4.20.015.A.1 (Required Parking) requires 2 parking spaces per unit, though the subject site currently only yields two 1-car garage spaces. Table 11.2.05.015 (Development Standards for Residential Districts) requires properties in the RHD-20 zone to maintain an interior side yard setback of 10% of the lot width (minimum of 3 feet) and rear yard setback of 24 feet, minus the width of the alley. The subject property measures approximately 25.01 feet wide, requiring a 3- foot side yard setback. The existing north interior side yard setback and rear yard setback are both substandard at 2 feet 8 inches and 21 feet 3 inches (including the width of the alley), respectively. SBMC Section 11.4.40.035.A (Replacement with a More Conforming Use) empowers the Planning Commission to grant Conditional Use Permits to applicants seeking to bring non- conforming properties closer to current code standards. The applicant proposes to redesign the multi-unit residential development into a first floor 1,092 square foot single-family residence; and a second floor with a 997.45 square foot accessory dwelling unit and 498.77 square-foot junior accessory dwelling unit development. During construction, the applicant would bring the northern side yard setback into conformity by increasing that setback from the existing 2 feet 8 inches to 3 feet. The property would remain non-conforming due to the rear yard setback not meeting the 24- foot rear yard setback minimum standard and remaining at 21 feet 3 inches. However, t he land use transition from multi-unit to single-family, structure redesign, and additions made to the first and second floor would increase conformance of the structure to current Zoning standards. At 3 feet, the side yard setbacks would be conforming, and 2 parking spaces would then be sufficient to meet the single-family residence code requirements. The accessory dwelling unit and junior accessory dwelling unit developments would be parking-exempt under current State housing law. The structural additions would be required to meet all California Building Code standards. The project will not result in a loss of dwelling units. The remodel of the duplex into a single-family residence with an attached accessory dwelling unit and a junior accessory dwelling unit will result in three dwelling units, an increase in the number of dwelling units on the subject property. CONCLUSION After conducting the public hearing and considering all testimony, staff recommends that the Planning Commission adopt Resolution No. 24-14 approving CUP 24-02 to permit conversion of a nonconforming duplex to a single-family residence, non-conforming due to rear setback, with additions, including an accessory dwelling unit and junior accessory dwelling unit located at 141- 10th Street. Prepared by: Samuel Funes Alexa Smittle______________ Samuel Funes Alexa Smittle Assistant Planner Director of Community Development Attachments: 1. Resolution No. 24-14 2. Vicinity Map 3. Aerial Map 4. Project Architectural Plans 1 of 5 RESOLUTION NO. 24-14 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 24-02 TO ALLOW A CHANGE OF USE FROM A DUPLEX, NONCONFORMING DUE TO DENSITY, PARKING, AND SETBACKS TO A SINGLE FAMILY RESIDENCE, NON-CONFORMING DUE TO SETBACKS WITH ADDITIONS PROPOSED, INCLUDING A SECOND FLOOR ADU AND JADU. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Steven Sennikoff submitted an application to the City of Seal Beach Department of Community Development for a Conditional Use Permit (CUP) 24-02 to convert an existing two-story duplex, non-conforming due to density, parking, and setbacks, into a single-family residential use on the first floor, with additions proposed to the structure on both the first and second floors, at 141 10th Street (the “subject property”) in the Residential High Density-20 (RHD-20) Zone. The existing duplex is non-conforming due to the rear setback, parking and density. The proposal also includes the addition of an accessory dwelling unit (“ADU”) and a junior accessory dwelling unit (“JADU”) on the second floor, which are subject only to administrative review and do not require CUP approval. Section 2. This project is determined to be a Class 3 (New Construction or Conversion 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 conversion of a duplex to a single-family residence with an ADU and JADU, and the area is not environmentally sensitive. Section 3. A duly noticed public hearing was held before the Planning Commission on October 21, 2024, to consider the application for CUP 24-02. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Conditional Use Permit 24-02 for a proposed project at 141 10th Street, Seal Beach, CA 90740. B. The subject property is rectangular in shape with a lot area of approximately 2,937.5 square feet. The property is approximately 25 feet wide by 117.5 feet deep. The site is surrounded by commercial use to the north and residential uses to the south, east and west. 2 of 5 C. The subject property is currently developed with a nonconforming two-story duplex with two attached one-car garages. The developed structure is nonconforming due to density, parking, and setbacks. D. The Seal Beach Municipal Code (SBMC) Section11.4.40.035.A (Replacement with a More Conforming Use) allows the Planning Commission to grant a conditional use permit for replacement of nonconforming uses with a new use more in conformance with the General Plan and the Zoning Code. E. The applicant is requesting to modify the existing structure to construct a 1,092 square-foot single-family residence on the first floor, with a 997.45 square-foot accessory dwelling unit and 498.77 square-foot junior accessory dwelling unit on the second floor. F. The conversion from duplex to single-family residential would transition the property into conformity with the SBMC in regards to density and parking standards. G. The altered design and expansion would bring the existing northern side yard setback into conformity with the Zoning Code by increasing that setback to the 3-foot RHD-20 zone standard. The rear setback would remain nonconforming at 21 feet 3 inches, below the 24-foot requirement. The 2 parking spaces would be sufficient to meet the single-family residence code requirements; and the accessory dwelling unit and junior accessory dwelling unit developments would be parking -exempt under current State housing law. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Section 11.5.20.020 (Required Findings), the Planning Commission makes the following findings: A. The proposed use is consistent with the General Plan because the General Plan Land Use Element encourages a mix of residential uses and architectural diversity in the Old Town Planning Area 1. The proposed expansion into a single family unit, accessory dwelling unit, and junior accessory dwelling unit provides additional housing to the community persuant the goals of the Housing Element, while remaining consistent with the surrounding land uses. B. The proposed single-family residence, accessory dwelling unit, and junior accessory dwelling unit are allowed within the RHD-20. The CUP is required due to the nonconforming nature of the property with respect to density, parking, and setbacks. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking for the proposed repurposing and construction of the duplex to single-family residence, accessory and junior accessory dwelling units. 3 of 5 D. The location, size, design, and operating characteristics of the proposed use will be compatible with the surrounding residential uses. Following approval of the project, the nonconformities will be reduced so the only nonconformity remaining will be the rear yard setback at 21 feet 3 inches, instead of the 24 feet required . E. The establishment, maintenance, and operation of the proposed interior alterations and use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed construction project will require Building, Planning and Public Works Department approvals and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards outlined in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. F. Pursuant to Government Code Section 65589.5, of the Housing Accountability Act of 2019, the proposal will not result in a net loss of dwelling units. The conversion of the duplex into a single-family residence with an attached accessory dwelling unit and a junior accessory dwelling unit will result in three dwelling units, an increase in the number of dwelling units on the subject property. Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 24-02 for the conversion of a two-story duplex to a single-family residential use, with additions, on the first floor with a second-floor accessory dwelling unit and junior accessory dwelling unit, at an existing nonconforming duplex property within an existing Residential High Density-20 (RHD-20) Zoned property, located at 141 10th Street, subject to the following conditions. 1. The applicant must obtain approval from the City of Seal Beach Planning, Building and Safety, and Public Works Departments’ permits before demolition and construction. 2. Noise associated with construction, repair, remodeling or grading of real property can only be performed in the following periods: between 7:00 a.m. and 8:00 p.m. on weekdays; and between 8:00 a.m. and 8:00 p.m. on Saturday. 3. No noise associated with construction, repair, remodeling, or grading of real property allowed on Sundays, New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day or Christmas Day. 4. The accessory dwelling unit and junior accessory dwelling unit development must comply with all standards in SBMC 11.4.05.115 (Accessory Dwelling Units). 5. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions, any violation of any provision of the Code of the City of Seal Beach, or if there is a substantial change in the mode and character of the use. 6. Prior to the issuance of a certificate of occupancy for the accessory dwelling unit or junior accessory dwelling unit the property owner shall record a declaration of 4 of 5 restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: a. 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. b. The ADU shall not be used for short-term rentals for less than 30 consecutive days. c. If there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record. 7. This CUP shall not become effective for any purpose unless/until a City “Acceptance of Conditions” form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 8. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 9. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 10. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively “the City” hereinafter in this paragraph) 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 Conditional 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 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 . 5 of 5 PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 21, 2024, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP: AERIAL MAP: PLANNING COMMISSION STAFF REPORT ______________________________________________________________________ DATE:October 21, 2024 TO:Planning Commission THRU: Alexa Smittle, Community Development Director FROM:Shaun Temple, AICP, Planning Manager 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, MODIFICATION TO PARKING REQUIREMENTS FOR RECREATIONAL VEHICLES IN RESIDENTIAL DRIVEWAYS, AND UPDATES TO THE ACCESSORY DWELLING UNIT STANDARDS PURSUANT TO SENATE BILL 1211 AND ASSEMBLY BILL 2533 (STATUTE OF 2024). LOCATION:Citywide RECOMMENDATION:That the Planning Commission hold a public hearing regarding Zone Text Amendment 24-03 and after considering all evidence and testimony presented adopt Resolution 24-15 recommending approval of Zone Text Amendment 24-03 to the City Council and finding the project exempt from CEQA. ENVIRONMENTAL ASSESSMENT 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., (“CEQA”) and the CEQA Guidelines Page 2 of 7 1 9 0 9 (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 NOTIFICATION Legal notice of the Public Hearing was published in the Sun Newspaper on October 10, 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 This Zoning Text Amendment (ZTA) consists of proposed changes to six 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; 5. RV Parking in Residential Driveways; and 6. Updates to the ADU ordinance per amendments to State law amendments signed into law in September 2024 and effective January 1, 2025. Each of these items is addressed below for the Planning Commission’s consideration. ANALYSIS Modifications to Nonconforming Residential Structures This ZTA begins with a focus on residential structures that are nonconforming due to Zoning Code (or Code) development standards such as height, setbacks, density, and parking. The bulk of these residential structures are single-family residences and low- density multi-family (two to six units) residential found in Old Town, having been constructed primarily from the early to mid-twentieth century. These structures were built legally to the standards of their time, but 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, Page 3 of 7 1 9 0 9 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, 7 being approved with one abstention, and 5 approved with one “no” vote. There were two 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 deviation from development standards. Staff’s research is included as an attachment to this staff report. Considering that 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 and the result has repeatedly been the same, unanimous approval of the project with no request in change of design, staff believes that an administrative review would effectively achieve the same result, and is therefore proposing to amend Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) and Section 11.2.05.015 so that these residential reviews are to be done 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 4-12). Modifications to Address No-Net-Loss Provisions A second issue exists within in 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 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 accessory dwelling unit (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 Page 4 of 7 1 9 0 9 Commission intervention, this type of arrangement could 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 Sections 10 of the attached draft Ordinance (page 11). 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 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 (pages 12- 13). 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 Page 5 of 7 1 9 0 9 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 13-18). RV Parking in Residential Driveways The Zoning Code currently prohibits recreational vehicles (RVs) from being parked on residential driveways. Notwithstanding this prohibition, there are several residential properties throughout Seal Beach where residents park their RVs or boats on their driveway, and staff regularly hears differing opinions from the public regarding this issue, both for and against. Considering this Code has been in place for several years, staff is presenting this issue to the Planning Commission and City Council for renewed discussion. This proposal would amend Section 11.4.05.100 (Residential Accessory Uses, Structures and Vehicle Parking) to allow the parking of recreational vehicles (RVs) and boats in the driveways of residential properties, provided the RV or boat does not block sightline to the house number from the street for public safety purposes. Currently, in Residential Low Density – 9 (RLD-9) zoning districts, RVs and boats are prohibited from being parked on the driveway and may only be parked within the side or rear yard when screened behind a 6-foot high wall and/or gate. Parking on public streets is separately governed by provisions in the Municipal Code, including Section 8.15.085, which prohibits the parking of oversize vehicles on any street between 2:00 a.m. and 5:00 a.m. The latter provisions are governed by the California Vehicle Code, and are not affected by this proposed amendment relating to parking on private property. To facilitate discussion, neighboring jurisdictions were researched for comparison. o Long Beach – driveway parking allowed, no screen needed. Street parking allowed with a valid permit for 72 hours. o Huntington Beach – driveway parking allowed, no screen needed. Street parking allowed with a valid permit for no more than 3 days at a time. o Los Alamitos – front set back parking allowed only on paved surface, parking is also allowed in side yards with screening. Street parking only for unloading and loading; however, can obtain a permit for up to a max of 30 days. Page 6 of 7 1 9 0 9 o Cypress – driveway parking prohibited, only allowed in side yards if screened. Street parking for unloading and loading only and with a valid permit for no more than 6 days in a month. o Garden Grove – code silent regarding parking an RV in the driveway. Street parking not allowed. All RVs need a city-issued permit even for loading/unloading, with twelve 3-day permits and six 1-day permits per year. o Rossmoor (County) – driveway parking allowed if screened by a 6-foot permanent fence/wall. Street parking only for loading/unloading. The research shows that standards vary across neighboring communities. The proposed amendment, in its entirety, is shown in Section 17 of the attached draft ordinance (page 19). Updates to the ADU ordinance per September Laws The final proposed amendment is to the Accessory Dwelling Unit (ADU) section of the Code, 11.4.05.115. The previous ZTA (ZTA 24-02), brought before the 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 additional ADU bills into law, SB 1211 and Assembly Bill (AB) 2533. SB 1211 – (a) adds additional prohibitions on requiring parking replacement when parking is lost in conjunction 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 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 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 18 of the attached draft ordinance (pages 19-31). CONCLUSION: Staff recommends that the Planning Commission hold a public hearing and after Page 7 of 7 1 9 0 9 considering all evidence and testimony presented, adopt the attached resolution recommending approval of Zone Text Amendment 24-03 to the City Council. Prepared by: Shaun Temple Shaun Temple Alexa Smittle Shaun Temple, AICP, Planning Manager Alexa Smittle, Community Development Director Attachments: 1. Resolution No. 24-15 2. Draft Zone Text Amendment Ordinance 3. Survey of Approved CUPs and MUPs 2015 to 2024 4. SB 1211 5. AB 2533 1 ORDINANCE XXXX 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, MODIFICATION TO PARKING REQUIREMENTS FOR RECREATIONAL VEHICLES IN RESIDENTIAL DRIVEWAYS, 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 w ith density requirements, which SB 330 prevents. This additionally section would allow property owners to replace older housing stock with an equivalent number of units . 2 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 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 11.4.05.100 (Residential Accessory Uses, Structures and Vehicle Parking) provides standards for residential accessory uses, structures, and vehicle parking allowed in the zoning district applicable to a parcel. Amendment is proposed to subsection (O) Restrictions on Residential Parking within Residential Districts, to allow the parking of recreational vehicles on the driveways of residential properties. E. 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: 3 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. C. The City Council, at a regular meeting, considered the Ordinance on ________, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. California Environmental Quality Act Exemption. The City Council hereby determines that this Ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code § 21000, et seq., (“CEQA”) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.) under Guidelines Sections 15061(b)(3), 15282(h), and 15301, as all changes are related to the development standards of single-family residential, multi-family residential, and accessory dwelling units, which are already allowed by-right to be built in applicable residential zones and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. Consistency Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan: A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy: 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water. Section 5. Section 11.4.40.010 (Maintenance and Repair of Nonconforming Structures) of Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: 4 “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 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. 5 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 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 6 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 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. 7 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: 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 8 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. 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 9 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. 10 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 11 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 by the issuance of a 12 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; iv. 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 fo r 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. 13 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 "Access ory Dwelling Unit" 1 unit per 3,000 sq. ft. of lot area, plus an "Access ory 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 11.4.05.1 15 for 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 11.4.05.1 15 for Accessory Dwelling Unit standards. Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W) See Section 11.4.05.1 15 for Accessory Dwelling Unit standards. Nonresidential 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.) 14 Table 11.2.05.015 Development Standards For Residential Districts RLD-9 RLD-15 RMD- 18 RHD- 20 RHD- 33 RHD- 46 Supplemental Regulations 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) 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) Averag e 12; minimu m 6 Averag e 12; minimu m 6 18 18 (D)(E)(W); L-2 Interior Side - Minimum (A)(D) (E) 10% of lot width; 3 ft. minimu m; 10 ft. maxim um 10% of lot width; 3 ft. minimu m; 10 ft. maxim um 10% of lot width; 3 ft. minimu m; 10 ft. maxim um 10% of lot width; 3 ft. minimu m; 10 ft. maxim um (A)(D)(E)(W) Corner Side - Minimum 15% of lot width; 10 ft. (E) 15% of lot width; 10 ft. 15% of lot width; 10 ft. 15% of lot width; 10 ft. 15% of lot width; 10 ft. (E)(W) 15 Table 11.2.05.015 Development Standards For Residential Districts RLD-9 RLD-15 RMD- 18 RHD- 20 RHD- 33 RHD- 46 Supplemental Regulations maximu m maxim um maxim um maxim um maxim um Rear 10 (E) 5 ft.; but when abuttin g 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 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) 16 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 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 (%) 5060/50 5060/50 5060/5 0 5060/5 0 5060/5 0 5060/5 0 (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) Other Development Standards Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100; (W) 2-Story Cabanas/Manufac tured 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 17 Table 11.2.05.015 Development Standards For Residential Districts RLD-9 RLD-15 RMD- 18 RHD- 20 RHD- 33 RHD- 46 Supplemental Regulations 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. 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 18 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. Subsection 11.4.05.100.O (Restrictions on Residential Parking within Residential Districts) of Section 11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) of Chapter 11.4.05 (Standards for Specific Uses) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “O. Restrictions on Residential Parking within Residential Districts. The parking of automobiles and recreational vehicles in residential zoning districts shall comply with the following standards. 1. Location. Automobiles shall not be parked between the street property line and the front of a residential unit except on a driveway leading to a garage or carport, or a semicircular driveway on a lot that has a minimum frontage width of 80 feet. Semicircular driveways may be approved only when the driveway interior is landscaped, and where 2 curb cuts are approved by the city engineer. See also subsection 11.2.05.015.L: Curb Cuts and Driveways—RLD-9 District. 2. Recreational Vehicles and Boats. Recreational vehicles may be stored or parked within single-unit residential RLD-9 districts only as follows: a. One recreational vehicle or boat may be parked on the driveway the same as an automobile pursuant to paragraph O.1 or Recreational vehicles and boats may be stored only within the side or rear yard, and behind the front line of the residential unit or, in the case of a corner parcel, behind the front or street side line. b. A solid, minimum 6-foot high wall and/or gate shall screen recreational vehicles and boats from view from public roadway and from adjoining properties; A recreational vehicle or boat parked on the driveway shall not obstruct the visibility of the property address. c. Subject to the provisions of paragraph D.4: Maximum Lot Coverage, of this section; and d. Recreational vehicles and boats may be temporarily parked on driveways in front of residences for not more than 72 continuous hours. Section 18. 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: 19 “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. 20 “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. 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 co nfirmation 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 21 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 22 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. D. Statewide Exemption ADUs. 1) Pursuant to Government Code Section 66323, upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following: a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply: i. The JADU is within the proposed space of a proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU or JADU is within the proposed space of a proposed single - family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. ADUs constructed within the footprint of a proposed space o f 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. 23 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 multifam ily 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. 24 2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. E. ADUs not subject to Statewide Exemption. 1) Pursuant to Government Code Sections 66313 through 66322, approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection. 2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed 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 with in 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. 25 7) Lot Split under SB 9. In the event that a property owner in a single -family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split. F. Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards: 1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi -family residential use. 2) Development Standards: 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 26 distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling. iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories. iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. c) Setbacks. 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 27 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. 28 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. G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 66333, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern: 29 1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU. 2) A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single -family dwelling. 3) A separate exterior entry from the main entrance to the single -family dwelling shall be provided to serve a JADU. 4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single -family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit. 5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 66333. 6) No additional parking is required for a JADU. H. No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited. I. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, confirming the following restrictions applicable to the property, the property owner, and all successors in interest: 1) Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. 2) Rentals of less than 30 days are prohibited. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record. J. Fees and utility connections. 1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection 30 directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 66324, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit. K. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard 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 19. 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 f act that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 20. 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 21. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 31 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 XXXX 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 9 5 2 7 RESOLUTION NO. 24-15 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 24-03 PERTAINING TO ADMINISTRATIVE REVIEW OF MODIFICATIONS TO NONCONFORMING RESIDENTIAL STRUCTURES, ADMINISTRATIVE REVIEW OF REASONABLE ACCOMMODATION REQUESTS, MODIFICATION OF RESIDENTIAL FRONT YARD PERMEABLE SURFACE REQUIREMENTS, MODIFICATION TO PARKING REQUIREMENTS FOR RECREATIONAL VEHICLES IN RESIDENTIAL DRIVEWAYS, AND UPDATES TO THE ACCESSORY DWELLING UNIT STANDARDS PURSUANT TO SENATE BILL 1211 AND ASSEMBLY BILL 2533 (STATUTES OF 2024), AND FINDING THE AMENDMENT TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE WHEREAS, Seal Beach Municipal Code Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) sets forth standards for the development and use of nonconforming structures, and WHEREAS, Seal Beach Municipal Code Section, Chapter 11.5.30 (Reasonable Accommodations) sets forth the process to allow, in accordance with Federal and State fair housing laws, the City to approve reasonable accommodations in the 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, and WHEREAS, Seal Beach Municipal Code Section 11.2.05.015 (Development Standards – Residential Districts) sets forth development standards for residential districts, and WHEREAS, Seal Beach Municipal Code Section 11.4.04.100 (Residential Accessory Uses, Structures, and Vehicle Parking) sets forth the standards accessory uses, accessory structures, and vehicle parking on residential properties, and WHEREAS, Seal Beach Municipal Code Section 11.4.05.115 (Accessory Dwelling Units) sets forth the standards for Accessory Dwelling Units and Junior Accessory Dwelling Units, and WHEREAS, the Planning Commission has authority 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 9 5 2 7 WHEREAS, the City has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and finds it is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code § 21000, et seq., and the State 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, and WHEREAS, the Community Development Department on October 10, 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 WHEREAS, on October 21, 2024, the Planning Commission held a duly noticed meeting where interested persons had an opportunity to testify in support of, or opposition to, the project and at which time the Planning Commission considered Zone Text Amendment 24-03. 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 Zone Text Amendment is exempt from the requirement for environmental review under CEQA (California Public Resources Code § 21000, et seq.) (CEQA) and the State 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 2. Pursuant to Section 11.5.15.025 (Legislative Actions – Required Findings) Required findings are not required for Legislative Actions. Notwithstanding this general rule, a determination shall be made whether the proposed action is consistent with the General 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 24-03: Finding 1. The proposed amendment is consistent with the following General Plan Goal and Policy: Land Use Element 9 5 2 7 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. Finding 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Proposed Zone Text Amendment 24-03 is consistent with the general plan and will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as it only modify the review process for nonconforming residential uses and reasonable accommodations, correct contradictions regarding front the setback requirements in the residential districts, allow for the parking of RVs and boats on residential driveways, and update the ADU section of the code pursuant to State law. Section 3. On October 21, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-03, which would amend Title 11 Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots), Section 11.2.05 (Development Standards – Residential Districts), Chapter 11.5.30 (Reasonable Accommodations), Section 11.4.04.100 (Residential Accessory Uses, Structures, and Vehicle Parking), and Section 11.4.05.115 (Accessory Dwelling Structures) of the Seal Beach Municipal Code regarding the review process for nonconforming residential uses and reasonable accommodations, correcting contradictions regarding front the setback requirements in the residential districts, allowing for the parking of RVs and boats on residential driveways, and updating the ADU section of the code pursuant to State law, 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 24-03. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 21, 2024, by the following vote: AYES: Commissioners ___________________________________________________ NOES: Commissioners ___________________________________________________ ABSENT: Commissioners _________________________________________________ ABSTAIN: Commissioners ________________________________________________ 9 5 2 7 _________________________________ Richard Coles ATTEST: Chairperson _________________________________ Alexa Smittle Planning Commission Secretary 9 5 2 7 ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-03 1 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. 2 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 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. 4 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 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