HomeMy WebLinkAboutPC Res 03-48 - 2003-12-03
ORIGINAL
RESOLUTION NUMBER 03 - 48
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE TEXT
AMENDMENT 03-3, AMENDING ARTICLES 4,
5, 7, AND 8 OF TITLE 28 OF THE CODE OF
THE CITY OF SEAL BEACH TO PERMIT
SECOND RESIDENTIAL UNITS MEETING
CERTAIN STANDARDS
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
SectIOn 1. At Its meeting of December 3, 2003, the Planning
CommiSSion considered Zone Text Amendment 03-3 Tlus amendment would:
o EstablIsh standards for the mmi'ltenal review of apphcatIons for
second reSidential umts, in conformance With the requirements of Cahforma Government
Codc ~ 65852.2.
o Make a finding that based on an analYSIS of parkmg and scwer
mfrastructure Within the commumty, there are insuffiCient resourccs to accommodate
second umts [or all areas In "Old Town" that are zoned Resldenhal High DenSIty and
Residentlal MedIUm DenSIty In accordance With the provi!.Ions of Government Code
Sectlon 65852.2(a)(l)(A).
o Make a finding that the establishment of parking spaces wIthm a
reSIdentIal front yard setback is not permitted anywhere wlthm the CIty and that to allow
such a condItion would adversely Impact the aesthetlc appeal and character of the City
o
reSIdentIal uruts.
Estabhsh mtnllnum and maximum allowable floor areas for second
o Set forth speCIfic definitIons and development cntena, In
accordance With Government Code ~ 65852.2, regardmg complIance With:
o the zonmg development standards o[ the partIcular area where the
second reSIdentIal umt IS proposed;
o archItectural compatiblltty With the main dwelling on the subject
property;
o recordatlon of a deed restnctIon indIcating that the second
reSIdential umt cannot be sold separately and that the owner of record of the property
must reSIde III e1ther the pnmary dwellmg or the second reSIdential dwellmg
SectIOn 2. Pursuant to 14 Calif Code of Regs. ~ 15305 and * l1.B of
the CIty'S Local CEQA GUldehnes, staff hlUt detenmned as follows: The applIcatlon for
Zone Text Amendment 03-3 IS categorically exempt from reVIew pursuant to the
CalI forma EnVIronmental Quality Act pursuant to Public Resources Code ~ 21080.17 and
14 Cai. Code of Regs ~ 15282(1), both of which specify that an ordinance regarding
second umts that is adopted to Implement thc proVisions of Government Code ~ 65852.2
IS exempt from CEQA.
Section 3. A duly noticed publIc heanng was held by the Planmng
CommiSSIOn on Dccember 3, 2003 to conSIder Zone Text Amendment 03-3
Z \My DocumelllSlRESO\ZTA 03-3 Sc'Colld Fwmly UllIt< PC Resa dULILW\ I 20-04-03
Planning CommiSSIOn ResolutIOn 03-48
Zone Texl Amendment 03-3 - Second Re~ldclltlal Units
December 3, 2003
Section 4
the following.
The record of the heanng of Decembcr 3, 2003 indlCates
(a) At saId pubhc heanng there was oral and wntten testimony and
evidence received by the Planrung Commission.
(b) The City Attorney and staff have reviewed the provIsions of
California Government Code ~ 65852 2, the proVlslOns of the eXlstmg Zomng Ordmanee,
and are recommending approval of thiS Zone Text Amendment as presented
(c) The Zone Text Amendment proVides the maxlmwn conditions and
reqUlrements that can be appropnately applied to land use development requests m
accordance With the provIsions of State law for second reSidentIal umts. As mdlcated
wlthm Cahfornla Government Code ~ 65852.2.
"A second umt which conforms to the requirements of tIllS subdivisIOn
shall not be considered to exceed the allowable dellSlty for the lot upon
wInch It IS localed, and shall be deemed to be a residential use wlllch
IS consistent With the exzsting general plan and zoning designatIOns for
the lot The second UllItS shall not be considered in the applrcatlOn of
any local ordmance. poltcy, or program to lunlt reSidential growth"
SectIOn 5. Based upon the facts contaIned In the record, mcludmg
those stated In ~ 4 of thiS resolutIon and pursuant to ~~ 28-2600 of the City'S Code, the
Planmng CommiSSIOn makes the followmg findmgs'
(a) Zomng Text Amendment 03-3 IS consistent With the proVisIOns of
the various elements of the City's General Plan. Accordmgly, the proposed use IS
consistent With the General Plan. The proposed amendment IS a(hmmstratIve m nature
and wIll not result m changes inconsistent With the eXlstJ.ng provIsions of the General
Plan.
(b) The proposed text amendment Will revise the City'S zonmg
ordinance and enhance the ablhty of the City to ensure orderly and planned development
m the City through an amendment of the zomng reqUIrements. Specdically, thiS
amendment would:
[J Estabhsh standards for the mImstcnal review of apphcatIons for
second reSIdential umts, m conformance WIth the reqUirements of CalIforma Government
Code ~ 65852.2.
[J Make a findmg that based on an analYSIS of parkmg and sewer
mfrastructure wIthm the commumty, there are msufficIent resources to accommodate
second umts for all arcas m "Old Town" that arc zoned ResidentIal HIgh DenSIty and
ReSIdentIal MedIum Density.
[J Make a fmdmg that the establishment of parkmg spaces wlthm a
residentIal front yard setback IS not permitted anywhere WIthIn the CIty and that to allow
such a condItIOn would adversely Impact the aesthetIc appeal and character o[thc City.
a
reSIdentIal umts.
Establish minimum and maxrmwn al10wable floor areas for second
a Set forth speCIfic defimtJ.on'l and development cnterla, 111
accordance WIth Government Code ~ 65852 2, regardmg comphanee With.
[J the zomng development standards of the particular area where the
second reSidential umt IS proposed;
[J archItectural compatIbihty With the mam dwelling on the s,ubjeet
property,
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Plallnlllg Camm/SSIOII ResolllllOn 03-48
Zone Tel.t Amendment 03-3 - Second Ref/delltlal Unll~
December 3, 2003
o recordatIOn of a deed restnetlOn indIcating that thc second
reSIdentIal umt cannot be sold separately and that the owner of record of the property
must reSIde in eIther the pnmary dwellmg or the second resldenttal dwelhng
SectIon 6 Bascd upon the foregomg, thc Planmng CommiSSIon
hereby recommends apploval of Zomng Text Amendment 03-3 to the CIty Council as set
forth on ExhIbit A, attached to thIs resolution and mcorporated herem.
PASSED, APPROVED AND ADOPTED by thc Planmng CommiSSIOn of the
CIty of Seal Bcaeh at a meetmg thereof held on the 3rd day of
December , 2003, by the followmg vote
AYES. CommIssIoners
Deaton, Ladner, Shanks, and Sharp
NOES. CommIssIOners
ABSENT. CommIssIoners Eagar
ABSTAIN: CommISSIoners
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Plannmg COIIIIIIW;1011 ResolutlOlI 03-48
Zone Text Amendment 03-3 - Second Re~ldentlUl Unzts
December 3, 2003
"EXHIBIT A"
ORDINANCE NUMBER . AN ORDINANCE OF THE CITY
OF SEAL BEACH AMENDING ARTICLES 4, 5, 7, AND 8 OF
TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO
PERMIT SECOND RESIDENTIAL UNITS MEETING CERTAIN
ST ANDARDS
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Plunnlllg ComnnnlOn ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Re~/dentlOl UllIts
De~elllber 3. 2003
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING ARTICLES 4, 5, 7, AND 8
OF TITLE 28 OF THE CODE OF THE CITY OF
SEAL BEACH TO PERMIT SECOND
RESIDENTIAL UNITS MEETING CERTAIN
STANDARDS
WHEREAS, in 2002 the Legislature enacted Assembly Bill 1866, which amended
CalIfornIa Government Code SectIon 65852 2, related to second dwellmg Units, and
WHEREAS, Government Code SectIon 65852 2, as amended, requires that local
governments consider applIcatIons for the constructIon of second dwellmg umts
mimstenally, Without dlscletionary reVIew or a heanng. notwithstanding any local
ordmance to the contrary, and
WHEREAS, Section 65852.2, as amended, allows the CIty to enact standards for
the development of second uruts to mcrease the supply of affordable housmg while
ensunng that the second unit remains compatIble With eXIsting neighborhoods;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES ORDAIN AS FOLLOWS:
SectIon 1. Fmdmgs.
A. The City of Seal Beach does not allow parkmg wlthm front yard setbacks
m private reSidential areas anywhere m the City, and It would adversely
Impact the aesthettc appeal and character of the City to allow an exception
to thiS rule.
B. The CIty has evaluated the reSidentIal areas of the commumty m
accordance WIth the proVlSlons of Government Code SectIon
65852.2(a)( 1 )(A), whIch allows for the review of areas m lIght of Impacts
as to the adequacy of water and sewer sefV1ces and the Impact of second
umts on traffic flow Based on an analYSIS of parkmg and sewcr
mfrastructure wltlun the commumty, the City hereby finds that there are
msufficlent resources to accommodate second umts for all areas m "Old
Town" that are zoned ReSIdentIal High Density and ResidentIal MedIUm
DenSIty Tlus findmg is based on the followmg substantIal eVidence:
D These areas of the City have been subject since 1963 to restnctlve on-
street parkmg provlSlons to accommodate the demand for on-street
parktng spaccs by the occupants of reSidentIal umts and the demand on
the publIc streets for on-street parkmg by persons vlsltmg the publIc
beaches that do not WIsh to park m the pay beach parkmg lot
D The potentIal ablhty of additIonal reSIdential uruts to be constructed m
these areas would senously Impact an eXlstmg highly constncted
parkmg availabilIty situatIon
D Several of the streets wlthm these areas of "Old Town" are very
narrow, between 40 and 60 feet m width, and any additIOnal on-street
parkmg pressure on these streets would exacerbate an eXlstmg publIc
safety concern.
D These aleas of the CIty have been Identified as haVIng slgmfieant
dcficlencles m thc sewer system, as set forth m "CIty of Seal Beach
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Plannmg CO/mmH/on ResolutIOn 03-48
Zone Te..\t Amendment 03-3 - Sewnd Resldentwl UlIltS
December 3, 2003
Sewer System Master Plan," dated February 1999. A summary of
those deficlenclcs 10 the subject areas IS proVided below.
o ApproxImately 6,855 lmeal feet of pIpelines are hydraulically
inadequate, and It would cost approxImately $743,000 to repaIr
and replace the pIpel1Oe& For example.
o The Sewer System Master Plan 10dIcates that an eXIsting 6-
Inch 950 LF pIpelIne segment located 10 the alley north of
Manna Dnve, just east of Caravel Way, should be served by an
8-1Och plpclme
o The Plan also mdicates that the entIre eXlstIng 1,260 LF
pIpelIne In the 8th Street Alley should be served by a 12-1Oeh
pIpelme
o Approximately 34,000 lineal feet of sewers lYIng wIthIn the alleys
of the Old Town dramage area are defiCIent. and It would cost
approximately $3,648,250 to make necessary repaIrs and
replacements. The Sewer System Master Plan Identlfics the
follOWIng speCIfic defiCIencIes:
o The majonty of the systcm IS velOCIty deficient WIth pcak flow
velOCIties less than 3 0 feet per second.
o WIth the exceptIOn of the eXIst10g Electnc A venue Trunk
Sewer, the system was bUIlt 10 the 1920's, and the sewers have
excceded theIr expected 50-year useful lIfe.
o HIgh ground water levels eXist m the Old Town area and It IS
believed that an exceSSIve amount of mfiltratlon IS entenng the
system through defectIve pIpes, pIpe joints, connectIons and
manholes.
o There are also many reaches of 6-1Och VCP sewer that reqU1re
upsIz10g to the standard sewer dIameter of 8-1Oches. Those
locatIons are noted 10 Table 1, Old Town 6-Inch Sewers,
below.
o The sewers 10 the Old Town alleys are located In close
proximIty to domestic water lines These locations VIolate the
baSIC separatIon rule establIshed by the Hcalth Department.
Table 1, Old Town 6-lnch Sewers
Sewer Location
System South of Electric A venue
Ocean Ave - South Alley East of
Dolph1O Ave
Manne Ave Alley
Dolplun Ave Alley
14th Street Alley
13th Street Alley
lih Street Alley
11 th Street Alley
lOth Street Alley between Ocean
Ave, North Alley & Central Ave
ih Street Alley
6th Street Alley
51h Street Alley
4th Street Alley between Ocean
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Sewer Location
System North of Electric Avenue
15th Street Allcy
14th Street Alley
13th Street Alley
lih Street Alley
11th Street Alley
ih Street Alley
7th Street
Planmng Commission Resolution 03-48
Zone Text Amendment 03-3 - Second Resldentzal Umts
December 3, 2003
Ave., North Alley & Manhole
F02-269 (North of Central Ave.)
31d Street Alley
2nd Street Alley
1 st Street Alley
Central Way between 2nd S1. Alley
and 4th Street Alley
Section 2. A new Section 28-263.05 is hereby added to Article 2 of Title 28 of
The Code of The City of Seal Beach to read as follows:
"Section 28-263.05. Old Town. "Old Town" means that area of the City
lying on the southwesterly side (ocean side) of Pacific Coast Highway
between the northwesterly side of the United States Naval Weapons
Station and the San Gabriel River."
Section 3. Subparagraph ( c) of paragraph (10) of subsection A of section 28-400
of Article 4 of Title 28 of The Code of The City of Seal Beach is hereby deleted in its
entirety.
Section 4. Subparagraph (d) of paragraph (10) of subsection A of section 28-400
of Article 4 of Title 28 of The Code of The City of Seal Beach is hereby renumbered as
subparagraph (c).
Section 5. Paragraph (10) of subsection A of section 28-400 of Article 4 of Title
28 of The Code of The City of Seal Beach is hereby renumbered as paragraph (11).
Section 6. A new paragraph (10) is hereby added to subsection A of section 28-
400 of Article 4 of Title 28 of The Code of The City of Seal Beach, to read as follows:
"( 1 0) Second Dwelling Units, pursuant to the requirements of Section 28-
407. "
Section 7. Paragraph ( c) of subsection (1) of Section 28-401 of Article 4 of Title
28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(c) Minimum floor area:
Primary Dwelling Units ..............................................................1,200 sq. ft.
Efficiency Second Dwelling Units.................................................150 sq. fi.
One-Bedroom Second Dwelling Units ..........................................400 sq. ft.
Two- or more Bedroom Second Dwelling Units .........................600 sq. ft."
Section 8. Paragraph (d) of subsection (1) of Section 28-401 of Article 4 of Title
28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(d) Maximum Height:
main building and Second Dwelling Umts .................2 stories max., 25 ft."
Section 9. A new paragraph (g) is hereby added to subsection (1) of Section 28-
401 of Article 4 of Title 28 of The Code of The City of Seal Beach to read as follows:
"(g) Maximum floor area for Second Dwelling Units:
Detached Second Units ..................................................................800 sq. ft.
Attached Second Units........................................... 30% of existing Primary
............................................................................. Dwelling Unit living area"
Section 10. Subsections (2) and (3) of Section 28-402 of Article 4 of Title 28 of
The Code of The City of Seal Beach are hereby amended to read as follows:
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Plamllng CommIssion ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Residential Umts
December 3, 2003
"(2) Number of spaces per unit.
Districts I, II & V (Primary Dwelling Units)...............................................2
Districts I, II & V (Second Dwelling Units) ........... 1 per Efficiency Second
................................................................. Dwelling Unit or per bedroom for
....................... .......... ......... ............. .. non-Efficiency Second Dwelling Units
Notwithstanding the foregoing, the City may require that a One-
Bedroom Second Dwelling Unit have two parking spaces if the
City determines that the additional parking requirement is directly
related to the use of the second unit and is consistent with existing
neighborhood standards applicable to existing dwellings.
(3) Form, Districts I, II & V
Primary Dwelling Units ................................................. Open & Accessible
Second Dwelling Units ................................ Open & Accessible or Tandem
Notwithstanding the foregoing, the City may require that a Second
Dwelling Unit not use tandem parking if the City determines that
tandem parking is not feasible based upon specific site or regional
topographical or fire and life safety conditions."
Section 11. A new section 28-407 is hereby added to Article 4 of Title 28 of The
Code of The City of Seal Beach, to read as follows:
"Section 28-407. Second Dwelling units.
(a) Definitions.
(1) "Second Dwelling Unit" means an attached or a detached
residential dwelling unit which provides complete
independent living facilities for one or more persons. It
shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the
single-family dwelling. A Second Dwelling Unit also
includes Efficiency Units and Manufactured Homes, as
those terms are defined below. A Second Dwelling Unit is
not an "Accessory Building."
(2) "Efficiency Unit" means a separate living space with a
minimum floor area of 150 square feet which contains
partial kitchen or bathroom facilities.
(3) "One-Bedroom Unit" means a separate living space that
contains a living room, one bedroom, and full kitchen and
bathroom facilities.
(4) "Two-Bedroom Unit" means a separate living space that
contains a living room, two bedrooms, and full kitchen and
bathroom facilities.
(5) "Manufactured Home" means a structure, transportable in
one or more sections, which, in the traveling mode, is eight
body feet or more in width, or 40 body feet or more in
length, or, when erected on site, is 320 or more square feet,
and which is built on a pennanent chassis and designed to
be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and
electrical systems contained therein. "Manufactured
Home" shall also include any structure which meets all the
requirements of this paragraph except the size requirements
if the manufacturer of the structure complies with the
statutory certification requirements for manufactured
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P/anlllng CommISsIOn Rew/utlOlI 03-48
Zone Text Amendment 03-3 - Sewlld ReMdentw/ UllItJ.
Dee-embel 3, 2003
homes and the standards set forth for manufactured homes
in the Cahfornla Health and Safety Code
(b) Second Dwelling Units Permitted. An applteatlOn for a Second
DwellIng Umt that meets the standards contamed m thIS sectIon
shall be approved rmmstenally WithOut discretIOnary review or
public heanng.
(c) Primary Dl\'elling Unit. A legal single-famdy dwelhng (the
"Pnmary Dwelhng Umt") must eXlst on the lot or must be
constructed on the lot m conjunctIOn wIth the construetlOn of the
Second DwellIng Umt
(d) Independent facilities. A Second Dwelling Umt shall provIde
independent hvmg faclhtIes for one or more persons and mc1udc
permanent proVlsions for hvmg, sleepmg, eatmg, cookmg, and
samtatIon.
(e) Zoning requirements. A Second Dwelhng Umt shall comply
With the same hCIght, setback, lot Size, lot coverage, and othcr
apphcable zomng requirements as apply to the Pnmary Dwelhng
Umt.
(f) Ownership. The property shall be the pnmary residence of the
property owner The owner mu!>t occupy eIther the Pnmary
Dwelling Umt or Second Dwellmg Umt as his or her pnmary
pnnclpal resIdence.
(g) Deed restriction. The Second Dwellmg Umt shall not be sold,
transferred, or aSSIgned separately from the Pnmary Dwelling
Umt. Before obtammg a bUlldmg permit for the Second Dwelhng
Umt, the owner of the lot or parcel shall file With the County
Recorder a declaratIon or agreement of restnctt ons, which has been
approved by the CIty Attorney as to ItS form and content,
contammg a reference to the deed under wlueh the property was
acqUired by the owner and statmg that:
(1) The Second Dwellmg Umt shall not be sold separately,
(2) The Second Dwelhng Umt shall be considered legal only
so long as eIther the Pnmary Dwelling Umt or the Second
Dwelling Umt IS occupIed by the owner of record of the
plOperty.
(3) The restnchons shall be bmdmg upon any successor m
ownership of the property and lack of compliance shall
result m legal achon agamst the property owner.
(h) Impact on Historic resources. No Second Dwelling Umt may be
approved Ifloeated on, or adjacent to, real property that IS listed on
the California Reglstel of Hlstonc Places.
(I) Architectural Compatibility. The Second Dwelhng Umt shall
mcorporate the same or SimIlar archItectural features, budding
matena1s and colors as the mam dwellmg umt or dwellmg!> located
on adjacent propertles "
Section 12 Seehon 28-503 of Arttcle 5 of TItle 28 of Thc Code of The City of
Seal Beach IS hereby amended to read as follows.
"BUlldmg HeIght LImIt MaxImum bUi1dmg height for resldenhal
structures, mc1udmg Second Dwellmg Umts, shall be thIrty-five (35) feet,
as measured from the l,TOWn of Surf side Avenue at the center of the
subject property."
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Plannl1lg CommiSSIOn ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Residentzal Umts
December 3,2003
Section 13. Section 28-504 of Article 5 of Title 28 of The Code of The City of
Seal Beach is hereby amended to read as follows:
"Minimum Unit Size.
Primary Dwelling Units .................................................................750 sq. ft.
Efficiency Second Dwelling Units................................................. 150 sq. ft.
One-Bedroom Second Dwelling Units ..........................................400 sq. ft.
Two- or more Bedroom Second Dwelling Units .........................600 sq. ft."
Section 14. Subsection (1) of Section 28-505 of Article 5 of Title 28 of The Code
of The City of Seal Beach is hereby amended to read as follows:
"( 1) Number of spaces per unit.
Primary Dwelling Units ............. ......................... ......... ... ... ........ ....... ......... ..2
Second Dwelling Units ............................................lper Efficiency Second
................................................................. Dwelling Unit or per bedroom for
. ....... .... .................... .......................... . non-Efficiency Second Dwelling Unit
Notwithstanding the foregoing, the City may require that a One-
Bedroom Second Dwelling Unit have two parking spaces if the
City determines that the additional parking requirement is directly
related to the use of the second unit and is consistent with existing
neighborhood standards applicable to existing dwellings."
Section 15. Subsection (3) of Section 28-505 of Article 5 of Title 28 of The Code
of The City of Seal Beach is hereby amended to read as follows:
"(3) Parking Form
Primary Dwelling Units ................................................. Open & Accessible
Second Dwelling Units ................................ Open & Accessible or Tandem
Notwithstanding the foregoing, the City may require that a Second
Dwelling Unit not use tandem parking if the City determines that
tandem parking is not feasible based upon specific site or regional
topographical or fire and life safety conditions."
Section 16. A new Section 28-507 of Article 5 of Title 28 of The Code of The
City of Seal Beach is hereby added to read as follows:
"Maximum floor area for Second Dwelling Units.
Detached Second Units ..................................................................800 sq. ft.
Attached Second Units........................................... 30% of existing Primary
........... .......................... ....................... .... ............ Dwelling Unit living area"
Section 17. Paragraph (1) of Subsection (A) of Section 28-700 of Article 7 of
Title 28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(1) All uses permitted in the RLD Zone, except as specified in
Paragraph B.2 below."
Section 18. A new Paragraph (2) is hereby added to Subsection (B) of Section
28-700 of Article 7 of Title 28 of The Code of The City of Seal Beach to read as follows:
"(2) Second Dwelling Units in the Old Town Area."
Section 19. Paragraph (a) of Subsection (1) of Section 28-701 of Article 7 of
Title 28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(a) Maximum Height, Main Building and Second Dwelling Units:
Lot widths less than 37 Y2 ft................................. 2 stories, 25 ft. maximum
Lot widths 3 7 ~ ft or more:
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Planmng Commission ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Residential Umts
December 3, 2003
Front Y2 oflot ........................................... 2 stories, 25 ft. maximum
Rear 'l1 oflot ...........................................3 stories, 35 ft. maximum"
Section 20. Paragraph ( c) of Subsection (1) of Section 28-701 of Article 7 of
Title 28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(c) Minimum Floor Area for Dwelling Unit.
Primary Dwelling Units .................................................................950 sq. ft.
Efficiency Second Dwelling Units................................................. 150 sq. ft.
One-Bedroom Second Dwelling Units ..........................................400 sq. ft.
Two- or more Bedroom Second Dwelling Units .........................600 sq. ft."
Section 21. A new Paragraph (d) is hereby added to Subsection (1) of Section 28-
701 of Article 7 of Title 28 of The Code of The City of Seal Beach to read as follows:
"(d) Maximum floor area for Second Dwelling Units:
Detached Second Units ..................................................................800 sq. ft.
Attached Second Units........................................... 30% of existing Primary
D II' U' I' , "
.................. ......... .................................................. we lng rut IVlng area
Section 22. Paragraph (e) of Subsection (2) of Section 28-701 of Article 7 of
Title 28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"(e) Parking Requirements:
Minimum Parking Dimensions per Space (Interior Dimensions)
District I ......................................................................... 9 ft. x 20 ft.
District 11...................................................................... 10ft. x 20 ft.
Number of spaces per dwelling unit.
Districts I & II (Primary Dwelling Units)........................................2
Districts I & II (Secondary Dwelling Units)............ 1 per Efficiency
....................................... Second Dwelling Unit or per bedroom for
............................................ non-Efficiency Second Dwelling Units
Notwithstanding the foregoing, the City may require that a
One-Bedroom Second Dwelling Unit have two parking
spaces if the City determines that the additional parking
requirement is directly related to the use of the second unit
and is consistent with existing neighborhood standards
applicable to existing dwellings.
1. Maximum Parking Dimensions. Except as otherwise provided
in this paragraph, the maximum size of a garage shall be 30 ft.
x 20 ft., and the maximum number of parking spaces within a
garage shall be 3 parking spaces. Notwithstanding the
foregoing, garages larger than 30 ft. x 20 ft. and garages with
more than three parking spaces may be permitted, subject to
approval ofa Conditional Use Permit.
Form - Districts I & II
Primary Dwelling Units ..................................... Open & Accessible
Second Dwelling Units .................... Open & Accessible or Tandem
Notwithstanding the foregoing, the City may require that a
Second Dwelling Unit not use tandem parking if the City
determines that tandem parking is not feasible based upon
specific site or regional topographical or fire and life safety
conditions.
Type - Districts I & II......................................................Garage or carport"
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Planlllng Commission ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Residential Umts
December 3, 2003
Section 23. Paragraph (1) of Subsection (A) of Section 28-800 of Article 8 of
Title 28 of The Code of The City of Seal Beach is hereby amended to read as follows:
"( 1) All uses permitted in the RLD and RMD Zones, except as
specified in Paragraph B.2 below."
Section 24. A new Paragraph (2) is hereby added to Subsection (B) of Section
28-800 of Article 7 of Title 28 of The Code of The City of Seal Beach to read as follows:
"(2) Second Dwelling Units in the Old Town Area."
Section 25. Subsection (6) of Section 28-801 of Article 8 of Chapter 28 of The
Code of The City of Seal Beach is hereby amended to read as follows:
(6) Maximum Building Height, Main Building and Second Dwelling Units:
Lot widths less than 37 'l1 ft:
District I ................................................... 2 stories, 25 ft. maximum
Districts II, VI........................................................................... 35ft.
Lot widths 37 Y2 ft or more:
District I, front Y2 ofloL.......................... 2 stories, 25 ft. maximum
District I, rear Y2 oflot ............................. 3 stories, 35 ft. maximum
Districts II, VI ...........................................................................35 ft.
Section 26. Subsections (1), (2), and (3) of Section 28-802 of Article 8 of Chapter
28 of The Code of The City of Seal Beach are hereby amended to read as follows:
"(1) Dimensions per Space (interior dimensions), Districts I, II, VI
(a) Minimum dimensions............................................... 9 ft. x 20 ft.
(b) Maximum dimensions. Except as otherwise provided
in this paragraph, the maximum size of a garage shall be 30
ft. x 20 ft., and the maximum number of parking spaces
within a garage shall be 3 parking spaces. Notwithstanding
the foregoing, garages larger than 30 ft. x 20 ft. and
garages with more than three parking spaces may be
permitted, subject to approval of a Conditional Use Permit.
(2) Minimum number per dwelling unit
(a) Occupant Spaces
Districts I & II (Primary Dwelling Units)............................2
Districts I & II
(Secondary Dwelling Units) ........................1 per Efficiency
............ Second Dwelling Unit or per bedroom for
................................. non-Efficiency Second Dwelling Units
District VI (Primary Dwelling Units) ..............................1 Y2
District VI (Secondary Dwelling Units) ......1 per Efficiency
............ Second Dwelling Unit or per bedroom for
................................. non-Efficiency Second Dwelling Units
Notwithstanding the foregoing, the City may
require that a One-Bedroom Second Dwelling Unit
have two parking spaces if the City determines that
the additional parking requirement is directly
related to the use of the second unit and is
consistent with existing neighborhood standards
applicable to existing dwellings.
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Planning CommIssion ResolutIOn 03-48
Zone Text Amendment 03-3 - Second Resldentwl Umts
December 3, 2003
(b) Guest Spaces
Districts I & II........................... 1 for every 7 dwelling units
District VI, for complexes with less than 7 dwelling units..O
District VI, for complexes with at least 7 dwelling units ......
................................................... 1 for every 7 dwelling units
Districts I, II & VI (Second Dwelling Units).......................O
(3) Form - Districts I, II, VI
Primary Dwelling Units ......................... Open & Accessible
Second Dwelling Units ........ Open & Accessible or Tandem
Notwithstanding the foregoing, the City may
require that a Second Dwelling Unit not use tandem
parking if the City determines that tandem parking
is not feasible based upon specific site or regional
topographical or fire and life safety conditions.
Section 27. The City Council will set by resolution a fee to reimburse the City for
costs incurred as a result of amending this ordinance, pursuant to Government Code
Section 65852.2 (a)(3).
Section 28. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid or unconstitutional, such decision shall not affect the validIty of the remaining
portion of this Ordinance or any part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 29. The City Clerk shall cause this ordinance to be published in
accordance with applicable law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
,200_.
Mayor
ATTEST:
City Clerk
STATEOFCALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Ordinance is an original copy of Ordinance Number on file in
the office of the City Clerk, introduced at a meeting held on the
day of , 200_, and passed, approved and adopted by the
City Council of the City of Seal Beach at a meeting held on the
day of , 200_ by the following vote:
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Planlllng Commission Resolution 03-48
Zone Text Amendment 03-3 - Second Residential Ulllts
December 3, 2003
AYES: Councihnembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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