HomeMy WebLinkAboutCC AG PKT 2004-01-12 #U •
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AGENDA REPORT
• o ?;dO frI
DATE: January 12, 2004 I 0
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TO: Honorable Mayor and City Council a t
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director_ of Development Services
SUBJECT: PUBLIC HEARING - ZONE TEXT AMENDMENT
03 -3 — SECOND RESIDENTIAL UNITS •
SUMMARY OF REQUEST:
Conduct public hearing regarding Zone. Text Amendment., Upon closing of public
hearing, introduce Ordinance No. J 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.
BACKGROUND:
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To consider an amendment to the Zoning Ordinance to permit the establishment of
second residential units in compliance with the provisions of California Govermnent
Code § 65852.2. This amendment proposes the following:
❑ Establishes standards for the ministerial review of applications for second
residential units, in conformance with the requirements of California Govemment
Code § 65852.2.
❑ Makes a finding that based on an analysis of parking and sewer infrastructure
within the community, there are insufficient resources to accommodate second
units for all areas in "Old Town" that are zoned Residential High Density and
Residential Medium Density in accordance with the provisions of Government
Code Section 65852.2(a)(1)(A).
v Makes a finding that the establishment of parking spaces within 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 of the City.
❑ Establishes minimum and maximum allowable floor areas for second residential
units.
❑ Sets forth specific definitions and development criteria, in accordance with
Govemment Code § 65852.2, regarding compliance with:
❑ the zoning development standards of the particular area where the second
residential unit is proposed;
❑ architectural compatibility with the main dwelling on the subject property;
Agenda Item 11
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❑ recordation of a deed restriction indicating that the second residential unit
cannot be sold separately and that the owner of record of the property must
reside in either the primary dwelling or the second residential dwelling.
Please review the Planning Commission Staff Report of December 3, 2003 (provided as
Attachment 4) to review more detailed explanations of the requirements of the State
legislation and the proposed text amendments being considered. A brief summary of the
m_ ore important points are provided below:
❑ On September 29, 2002, the first major revision to the second dwelling unit
statute (Government Code § 65852.2) was signed by the Governor. In general,
this legislation states that after July 1, 2003, any second dwelling unit application
must be considered through the ministerial development review process, without
any discretionary review or public hearing process.
❑ A ministerial action describes an objective decision with no public involvement
and requires little, if any, personal, subjective judgment. A ministerial request is
granted when it can meet all applicable laws, ordinances, regulations, and statutes.
Ministerial actions cannot be appealed. Ministerial actions are commonly the
issuance of building, . plumbing, electrical, mechanical permits' that are in
conformance with all ordinances and requirements of the City. The Planning
Commission or City Council does not review these types of actions.
❑ Conversely, a discretionary action describes a review process that involves public
comment, a substantial level of subjective review and generally a public hearing.
Discretionary actions may be appealed. Typical discretionary matters that the
Planning Commission and City Council review and consider are conditional use
permits requests, variance requests, zone change and/or general plan amendment
requests, land subdivision requests, and zone text amendments.
❑ Although the City is not legally required to adopt a second unit ordinance, doing
so will allow the City to set the standards described above and to exclude areas
pursuant to the provisions of Government Code Section 65852.2(a)(1)(A).
Otherwise, state minimum standards will apply, which are less restrictive than
those in the draft ordinance.
Designation of Areas Inappropriate for Second Units:
The City has evaluated the residential areas of the community in accordance with the
i n 65852.2(a)(1)(A), which allows for the
provisions of Government Code Sect o
review of areas in light of impacts as to the adequacy of water and sewer services and
the impact of second units on traffic flow. Based on an analysis of parking and sewer
infrastructure within the community, staff is proposing to exclude all areas in "Old
Town" that are zoned Residential High Density and Residential Medium Density
from the provisions of the proposed ordinance. This recommendation is based on the
following factors:
❑ These areas of the City have been subject since 1963 to restrictive on -street
parking provisions to accommodate the demand for on -street parking spaces by
the occupants of residential units and the demand on the public streets for on-
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street parking by persons visiting the public beaches that do not wish to park in
the pay beach parking lots.
- ❑ The potential ability of additional residential units to be constructed in these
areas would seriously impact an existing highly constricted parking
availability situation.
❑ Several of the streets within these areas of "Old Town" are very narrow,
between 40 and 60 feet in width, including pedestrian sidewalk areas. Any
additional on -street parking pressure on these streets would exacerbate an
existing public safety concern.
❑ These areas of the City have been identified as having significant deficiencies in
the sewer system, as set forth in "City of Seal Beach Sewer System Master Plan",
dated February 1999. A summary of those deficiencies in the subject areas is
provided below:
❑ Approximately 6,855 lineal feet of pipelines are hydraulically inadequate, and
it would cost approximately $743,000 to repair and replace the pipelines. For
example: -
❑ The Sewer System Master Plan indicates that an existing 6 -inch 950 LF
pipeline segment located in the alley north of Marina Drive, just east of
Caravel Way, should be served by an 8 -inch pipeline.
❑ The Plan also indicates that the entire existing 1,260 LF pipeline in the 8th
Street Alley should be served by a 12 -inch pipeline.
❑ Approximately 34,000 lineal feet of sewers lying within the alleys of the Old
Town drainage area are deficient;'and it would cost approximately $3,648,250
to make repairs and replacements. The Sewer System Master Plan identifies
the following specific deficiencies:
❑ The majority of the system is velocity deficient with peak flow velocities
less than 3.0 feet per second.
❑ With the exception of the existing Electric Avenue Trunk Sewer, the
system was built in the 1920's, and the sewers have exceeded their
expected 50 -year useful life.
❑ High ground water levels exist in the Old Town area and it is believed that
an excessive amount of infiltration is entering the system through
defective pipes, pipe joints, connections and manholes.
❑ There are also many reaches of 6 -inch VCP sewer that require upsizing to
the standard sewer diameter of 8- inches. Those locations are noted in
"Table 1, Old Town 6 -Inch Sewers ", in the December 3, 2003 Planning
Commission Staff Report.
❑ The sewers in the Old Town alleys are located in close proximity to
domestic water lines. These locations violate the basic separation rule
established by the Health Department.
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Based on the above analysis, staff recommended, and the Planning Commission
concurred, that the Residential Medium and Residential High Density areas of
"Old Town" be excluded from the provisions of the proposed ordinance. The
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language that sets forth this exclusion is found in Sections 18 and 24 of the
proposed Ordinance.
Planning Commission Public Hearing and Recommendation:
The Planning Commission conducted a public hearing on this matter on December 3,
2003. At the public hearing 2 persons spoke regarding the matter. An excerpt of the
Planning Commission minutes relative to Zone Text Amendment 03 -3 is provided as
Attachment 2. The Planning Commission determined to recommend approval of the
proposed ordinance through the adoption of Planning Commission Resolution No. 03 -48,
provided as Attachment 3. As indicated above, the Planning Commission Staff Report is
provided as Attachment 4.
FISCAL IMPACT:
Minimal. Allocation of existing staff resources to implement and enforce the
recommended ordinance provisions.
RECOMMENDATION:
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Introduce Ordinance No. , 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.
NO D PROVED:
AIP
Whittenberg oc‘B. ahorski
Director of Development Service / Manager
Attachments: (4)
Attachment 1: Ordinance No. , 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
Attachment 2: Planning Commission Minute Excerpt re: Zone Text
Amendment 03 -3, December 3, 2003
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Attachment 3: Planning Commission Resolution No. 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
Attachment 4: Planning Commission Staff Report re: Zone Text
Amendment 03 -3, dated December 3, 2003
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ATTACHMENT 1
ORDINANCE NO. , 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
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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 dwelling units; and
WHEREAS, Government Code Section 65852.2, as amended, requires that local
governments consider applications for the construction of second dwelling units
ministerially; without discretionary review or a hearing, notwithstanding any local
ordinance to the contrary; and
WHEREAS, Section 65852.2, as amended, allows the City to enact standards for
the development of second units to increase the supply of affordable housing while
ensuring that the second unit remains compatible with existing neighborhoods;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES ORDAIN AS FOLLOWS:
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Section 1. Findings.
A. The City of Seal Beach does not allow parking within front yard setbacks
in private residential areas anywhere in the City, and it would adversely
. impact the aesthetic appeal and character of the City to allow an exception
to this rule.
B. The City has evaluated the residential areas of the community in
accordance with the provisions of Government Code Section
65852.2(a)(1)(A), which allows for the review of areas in light of impacts
as to the adequacy of water and sewer services and the impact of second
units on traffic flow. Based on an analysis of parking and sewer
infrastructure within the community, the City hereby fords that there are
insufficient resources to accommodate second units for all areas in "Old
Town" that are zoned Residential High Density and Residential Medium
Density. This finding is based on the following substantial evidence:
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❑ These areas of the City have been subject since 1963 to restrictive on-
street parking provisions to accommodate the demand for on- street
parking spaces by the occupants of residential units and the demand on
the public streets for on- street parking by persons visiting the public
beaches that do not wish to park in the pay beach parking lot.
❑ The potential ability of additional residential units to be constructed in
these areas would seriously impact an existing highly constricted
parking availability situation.
o Several of the streets within these areas of "Old Town" are very
narrow between 40 and 60 feet in width, and any additional on -street
parking pressure on these streets would exacerbate an existing public
safety concern.
o These areas of the City have been identified as having significant
deficiencies in the sewer system, as set forth in "City of Seal Beach
Sewer System Master Plan," dated February 1999. A summary of
those deficiencies in the subject areas is provided below:
❑ Approximately 6,855 lineal feet of pipelines are hydraulically
inadequate, and it would cost approximately $743,000 to repair
and replace the pipelines. For example:
o The Sewer System Master Plan indicates that an existing 6-
inch 950 LF pipeline segment located in the alley north of
Marina Drive, just east of Caravel Way, should be served by an
8 -inch pipeline.
o The Plan also indicates that the entire existing 1,260 LF
pipeline in the 8th Street Alley should be served by a 12 -inch
pipeline.
o Approximately 34,000 lineal feet of sewers lying within the alleys
of the Old Town drainage area are deficient, and it would cost
approximately $3,648,250 to make necessary repairs and
replacements. The Sewer System Master Plan identifies the
following specific deficiencies:
o The majority of the system is velocity deficient with peak flow
velocities less than 3.0 feet per second.
o With the exception of the existing Electric Avenue Trunk
Sewer, the system was built in the 1920's, and the sewers have
exceeded their expected 50 -year useful life.
o High ground water levels exist in the Old Town area and it is
believed that an excessive amount of infiltration is entering the
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system through defective pipes, pipe joints, connections and
manholes.
❑ There are also many reaches of 6 -inch VCP sewer that require
upsizing to the standard sewer diameter of 8- inches. Those
locations are noted in Table 1, Old Town 6 -Inch Sewers,
below.
❑ The sewers in the Old Town alleys are located in close
proximity to domestic water lines. These locations violate the
basic separation rule established by the Health Department.
Table 1, Old Town 6 -Inch Sewers
Sewer Location Sewer Location
System South of Electric Avenue System North of Electric Avenue
Ocean Ave — South Alley East of 15 Street Alley
Dolphin Ave
Marine Ave Alley 14 Street Alley
Dolphin Ave Alley 13 Street Alley
14 Street Alley 12 Street Alley
13 Street Alley 11 Street Alley
12 Street Alley 7th Street Alley
11 Street Alley 7th Street
10 Street Alley between Ocean
Ave., North Alley & Central Ave.
7 Street Alley
6 Street Alley
5 Street Alley
4 Street Alley between Ocean
Ave., North Alley & Manhole
F02 -269 (North of Central Ave.)
-
3' Street Alley
2 Street Alley
1 Street Alley
Central Way between 2nd St. Alley
and 4 Street Alley
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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:
"(10) 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. ft.
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 Units 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.
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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:
"(2) Number of spaces per unit.
Districts I, II & V (Primary Dwelling Units)
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."
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(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 permanent 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
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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
homes and the standards set forth for manufactured homes
in the California Health and Safety Code.
(b) Second Dwelling Units Permitted. An application for a Second
Dwelling Unit that meets the standards contained in this section
shall be approved ministerially without discretionary review or
public hearing.
(c) Primary Dwelling Unit. A legal single- family dwelling (the
"Primary Dwelling Unit ") must exist • on the lot or must be .
constructed on the lot in conjunction with the construction of the
Second Dwelling Unit.
(d) Independent facilities. A Second Dwelling Unit shall provide
independent living facilities for one or more persons and include
permanent provisions for living, sleeping, eating, cooking, and
sanitation.
(e) Zoning requirements. A Second Dwelling Unit shall comply
with the same height, setback, lot size, lot coverage, and other
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applicable zoning requirements as apply to the Primary Dwelling
Unit.
(f) Ownership. The property shall be the primary residence of the
property owner. The owner must occupy either the Primary
Dwelling Unit or Second Dwelling Unit as his or her primary
principal residence.
(g) Deed restriction. The Second Dwelling Unit shall not be sold,
transferred, or assigned separately from the Primary Dwelling
Unit. Before obtaining a building permit for the Second Dwelling
Unit, the owner of the lot or parcel shall file with the County
Recorder a declaration or agreement of restrictions, which has been
approved by the City Attorney as to its form and content,
containing a reference to the deed under which the property was
acquired by the owner and stating that:
(1) The Second Dwelling Unit shall not be sold separately;
(2) The Second Dwelling Unit shall be considered legal only
so long as either the Primary Dwelling Unit or the Second -
Dwelling Unit is occupied by the owner of record of the
property.
(3) The restrictions shall be binding upon any successor in
ownership of the property and lack of compliance shall
result in legal action against the property owner.
(h) Impact on Historic resources. No Second Dwelling Unit may be
approved if located on, or adjacent to, real property that is listed on
the California Register of Historic Places.
(i) Architectural Compatibility. The Second Dwelling Unit shall
incorporate the same or similar architectural features, building
materials and colors as the main dwelling unit or dwellings located
on adjacent properties."
Section 12. Section 28 -503 of Article 5 of Title 28_ of The Code of The City of
Seal Beach is hereby amended to read as follows:
"Building Height Limit. Maximum building height for residential
structures, including Second Dwelling Units, shall be thirty-five (35) feet,
as measured from the crown of Surfside Avenue at the center of the
subject property."
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:
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"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 1per 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."
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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 1 ft 2 stories, 25 ft. maximum
Lot widths 37 % ft or more:
Front `/ of lot 2 stories, 25 ft. maximum
Rear % of lot 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
Dwelling Unit living 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 II 10 ft. x 20 ft.
Number of spaces per dwelling unit.
Districts I & II (Primary Dwelling Units)
Districts I & II (Secondary Dwelling Units) 1 per Efficiency
Second Dwelling Unit or per bedroom for
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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 of a 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"
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 Y2 ft:
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January 12. 2004
District I 2 stories, 25 ft. maximum
Districts II, VI 35 ft.
Lot widths 37 % ft or more:
District I, front % of lot 2 stories, 25 ft. maximum
District I, rear % of lot 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) '?
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
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.
(b) Guest Spaces
ZIA 03.3 CC Staff Report.Second Residential Units 17
I
Public Heanng - Zone Text Amendment 03 -3
Second Residential Units
Czty Council Staff Report
January 12, 2004
Districts I & II 1 for every 7 dwelling units
District VI, for complexes with less than 7 dwelling units..0
District VI, for complexes with at least 7 dwelling units
• 1 for every 7 dwelling units
Districts I, II & VI (Second Dwelling Units) 0
(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 hefeby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that any one 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
ZTA 03.3 CC Staff Report.Second Residential Units 18 '
•
Public Hewing - Zone Text Amendment 03 -3
Second Residential Units
City Council Staff Report
January 12, 2004
STATE OF CALIFORNIA
COUNTY OF ORANGE , ) SS .
CITY OF SEAL BEACH }
1. 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:
AYES: Councilmembers
•
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
•
ZTA 03.3 CC Staff Report.Second Residential Units 19
Public Hearing - Zone Text Amendment 03 -3
Second Residential Units
City Council Staff Report
January 12, 2004
ATTACHMENT 2
PLANNING COMMISSION MINUTE -
EXCERPT RE: ZONE TEXT AMENDMENT
03 -3, DECEMBER 3, 2003
ZTA 03.3 CC Staff Report.Second Residential Units 20
City of Seal Beach Planning Commission
Meeting Minutes of December 3, 2003
4
1 Recommendation: Continue to meeting of January 7, 2004.. •
2
3 Public Hearing
4
5 Chairperson Sharp opened the public hearing.
6
7 Commissioner Ladner asked the Director of Development Services how many lots
8 within Seal Beach have this "pie- shaped" configuration. Mr. Whittenberg stated that
9 almost the end of every block on both sides of Electric Avenue from 5 Street to Seal
10 Beach Boulevard has these types of lots. He approximated that 28 -30 Tots have this
11 type of wedge- shaped lot.
12 _
13 MOTION by Deaton; SECOND by Shanks to continue the public hearing for Variance
14 03 -3 to the Planning Commission meeting of January 7, 2004.
15
16 MOTION CARRIED: 4 — 0 —1
17 AYES: Sharp, Deaton, Ladner, and Shanks
18' NOES: None
19 ABSENT: Eagar
20
21
22 [5. Zone Text Amendment 03 -3 - Second Residential Units
23 Citywide
24.
25 Applicant/Owner: City of Seal Beach
26 Request: To consider an amendment to the Zoning Ordinance to _
27 permit the establishment of second residential units in
28 compliance with the provisions of California Government
29 Code §65852.2.
30
31 Recommendation: Approval subject to conditions and adoption of Resolution
32 03 -48.
33
34 Staff Report
35
36 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the
37 Planning Department.) He stated that this proposed change to the Zoning Code is a
38 result of changes to the California Government Code approved by the State Legislature
39 and signed into law by the Governor. He noted that the law took effect on July 1,, 2003.
40 He explained that this law made changes to what has been commonly called the granny
41 unit provisions of state law. He explained that in 1986 the State first imposed granny
42 unit regulations upon every city within the State of California stating that this type of use
43 could not be denied by a Conditional Use Permit (CUP) process or any other review
44 process. The law requires that cities have specific standards in place to facilitate
45 application for an over - the - counter permit. He said that the new changes also made a
46 number of changes to these provisions and further tightened the types of controls cities
47 can place on these types of uses. He stated that as Staff has reviewed the State Law
. Page 7 of 16
City of Seal Beach Planning Commission
Meeting Minutes of December 3, 2003
1 provisions and prepared the Ordinance that is a part of this Staff Report. He said the
2 law does allow cities to exempt areas from these provisions if they can make certain
3 findings, with the primary findings being related to sewer and water infrastructure issues
4 and impacts on parking on the street. He said that as Staff has evaluated the 1999
5 sewer plan for the City (in particular for the Old Town area), and reviewed the on- street
6 parking situation in Old Town, part of the recommendation to the PC this evening is that
7 the City can make findings to exempt the. Residential High Density (RHD) and
8 Residential Medium Density (RMD) areas within Old Town between Pacific Coast
9 Highway (PCH) and the ocean and between Anaheim Bay and the San Gabriel River.
10 He noted that the only area that would not be included in this exemption would be the
11 Gold Coast homes along the north side of Ocean Avenue between the pier and the San
12 Gabriel River. He stated that other residential areas in the city cannot be exempted
13 from these provisions, but the feeling is that there would probably be less potential for
14 this to occur in those areas. The Director of Development Services then noted that
15 since the City does not allow parking for residential uses within the front yard setback,
16 parking for the second unit would also not be allowed in the front yard setback. He
17 stated that Staff has also developed standards for minimum and maximum sizes of
18 these permissible second units, which include the provision of additional parking for
19 these units in accordance with the provisions of State law. He indicated that the options
20 before the PC tonight are:
21
22 1. Recommend adoption of an Ordinance similar to what Staff has prepared.
23 2. Take no action, which would result in anyone being able to apply for permits to
24 construct a second unit under the provisions of State law. This would not allow
25 the City to exempt the Old Town area.
26
27 Mr. Whittenberg recommended approval of the Ordinance and to include it as Exhibit A
28 to Resolution 03 -48. He noted that Staff feels the proposed recommendations are
29 probably the strongest position the City can take, while still conforming to the
30 requirements of State law.
31
32 Commissioner Questions
33
34 Commissioner Deaton asked if Staff would establish the minimum and maximum
35 allowable floor areas for second units. Mr. Whittenberg stated that this information
36 appears in the proposed Ordinance. Mr. Abbe referred to pages 16 and 19 of the
37 proposed ordinance and noted that the minimum and maximum floor areas will differ
38 based upon whether the property is within a RHD or RMD Zone. Mr. Whittenberg noted
39 that these dimensions are generally based upon the allowances as set forth in the State
40 law. Commissioner Deaton confirmed that the maximum area would be 800 square
41 feet. Mr. Whittenberg noted that this maximum would apply to a detached unit, but for
42 attached units the maximum is 30% of the existing primary dwelling living area. He
43 indicated another requirement is that the owner of the property must live in one of the
44 two units on the property, and a deed restriction would be recorded prior to the final
45 inspection of this type of structure. Commissioner Deaton asked for an explanation of a
46 • -ed restriction. Mr. Whittenberg explained that the deed restriction indicates that the
' Page 8 of 16
City of Seal Beach Planning Commission
Meeting Minutes of December 3, 2003
•
1 owner is required to live either in the primary or secondary unit on the property, and if
2 not they are in violation and would be subject to court processes. Commissioner
3 Deaton asked if this deed restriction would go with the sale of the property. Mr.
4 Whittenberg confirmed that it would. Mr. Abbe interjected that the two units could not
5 be sold separately.
6
7 Commissioner Shanks commented that this would apply to new building, and he could
8 see that under most circumstances, beach cities, which are basically built on relatively
9 small lots, don't leave much open space, like cities such as Anaheim that have larger
10 lots. He said that this legislation does not allow in any way for subdivision of an existing
. 11 property. Mr. Whittenberg confirmed that minimum City lot size requirements must still
12 be adhered to, and multiple unit properties cannot add a second unit.
13
14 Mr. Abbe interjected that the second unit can be attached to the single - family residence
15 on the property.
16 _
17 Public Hearing
18
19 Chairperson Sharp opened the public hearing.
20
21 Mr. Warren Morton asked who would enforce the deed restriction. Mr. Whittenberg
22 stated that the City would have to receive a complaint in order to proceed with
23 enforcement. Mr. Morton asked if he could build a second unit on a property on The Hill
24 and sell it as a duplex. Mr. Whittenberg stated that he could sell the property, but the
25 new owner would have to live in one of the units in order to be in compliance. He noted
26 that in order to be issued a permit to build, the property owner would have to agree to
27 and sign the deed restriction affidavit.
28
• 29 Mrs. Mitzi Morton stated that she approved of exempting the Old Town area from this
30 legislation. .
•
31
32 There being no one else wishing to speak, Chairperson Sharp closed the public
33 hearing.
34
35 Commissioner Comments
36
37 MOTION by Shanks; SECOND by Deaton to approve Zone Text Amendment 03 -3 and
38 adopt Resolution 03 -48 as presented.
39
40 MOTION CARRIED: 4 — 0 —1 .
41 AYES: Sharp, Deaton, Ladner, and Shanks
42 NOES: ' None
43 ABSENT: Eagar
44
45 Commissioner Deaton thanked Staff for the work done on the Staff Report for ZTA 03 -3.
46
Page 9 of 16
•
City of Seal Beach Planning Commission
Meeting Minutes of December 3, 2003
1 Mr. Whittenberg stated that there is no appeal period and by law a Zone Text
2 Amendment (ZTA) must go before City Council for additional hearings. He said that
3 these hearings would be noticed and published in the newspaper as required by law.
4
5
6 STUDY SESSION .
7
8 6. STUDY SESSION — Expansion and Additions to Legal Non - Conforming
9 Residential Structures
10
11 Mr. Whittenberg stated that this issue came about in 2002 as a result of an application
12 for a Conditional Use Permit (CUP) for a property on Electric Avenue. He explained
13 that the Planning Commission (PC) had approved that request, which was later
14 appealed to the City Council, who ultimately denied the request and directed the PC to
15 consider the issue of expansions to nonconforming uses. He indicated that a study
16 session was conducted in February 2003 where the PC recommended that Staff return
17 with additional information at another study session to be held in March 2003. He noted
18 that the PC has been provided with copies of the minute excerpts from these study
19 sessions along with the previous Staff Reports providing the history of how the
20 _ expansion of nonconforming use section of the Code has evolved during the period
21 from 1974 to 2002. He stated that during this period of time there have been nine
22 different amendments to the Code relating to nonconforming uses, the types of
23 additions and expansions allowed, and the process changing over time for gaining
24 approval of this type of expansion. He indicated that City Council (CC) had ultimately
25 adopted an Interim Ordinance, which began a 45 -day moratorium on the acceptance of
26 applications for additions or expansions to nonconforming structures. He said that prior
27 to the expiration of this moratorium CC conducted another public hearing and extended
28 the moratorium for a period of 10 months and 15 days, the maximum time that it could
29 be extended under the provisions of State law. Mr. Whittenberg noted that the current
30 moratorium is due to expire on March 12, 2004. He said that unless the City takes
31 some kind of action to amend the Code prior to March 12, 2004, the old provisions of
32 the Code would again take effect allowing the acceptance of applications for expansions
33 to nonconforming uses. He continued by stating that in July 2003 an individual
34 requested that CC reconsider the issue of a total moratorium on expansions for cases
35 where the property met certain conditions as far as parking and density, but did not
36 meet a setback or lot coverage requirement. CC had responded that they did not
37 choose to consider this until the PC and CC could again review the entire process. The
38 Director of Development Services clarified that what the moratorium does is state that
39 any residential property that is nonconforming, regardless of what the nonconformity
40 may be, cannot submit a request for an addition to the living space of the existing
41 structure; however other minor improvements would be allowed. He indicated that Staff
42 has subsequently met with several local residents submitting plans for an expansion
43 who were not aware that the moratorium existed. He stated that at the request of two
44 separate residents, copies of their plans for expansions have been provided to the PC
45 to give the PC an idea of the types of projects residents are attempting to do. He
46 explained that the plans are for a property at 236 Fifth Street, which is an existing 2 -unit
Page 10 of 16
. .
Public Hearing - Zone Text Amendment 03 -3
Second Residential Units
City Council Staff Report
January 12, 2004
ATTACHMENT 3
PLANNING COMMISSION RESOLUTION
NO. 03 -48, A RESOLUTION OF THE
PLANNING COMMSSION 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
ZTA 03.3 CC Staff Report.Second Residential Units 21
•
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. This amendment would:
o Establish standards for the ministerial review of applications for
second residential units, in conformance with the requirements of California Government
Code § 65852.2.
❑ Make a finding that based on an analysis of parking and sewer
infrastructure within the community, there are insufficient resources to accommodate
second units for all areas in "Old Town" that are zoned Residential High Density and
Residential Medium Density in accordance with the provisions of Government Code
Section 65852.2(a)(1)(A).
❑ Make a finding that the establishment of parking spaces within 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 of the City.
❑ Establish minimum and maximum allowable floor areas for second
residential units.
❑ Set forth specific definitions and development criteria, in
accordance with Government Code § 65852.2, regarding compliance with:
❑ the zoning development standards of the particular area where the
second residential unit is proposed;
❑ architectural compatibility with the main dwelling on the subject
property;
Z:\My Documents \RESO \ZTA 03- 3.Second Family Units PC Reso doc \LW\120 -04 -03
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
❑ recordation of a deed restriction indicating that the second
residential unit cannot be sold separately and that the owner of record of the property
must reside in either the primary dwelling or the second residential dwelling.
Section 2. Pursuant to 14 Calif. Code' of Regs. § 15305 and § II.B of
the City's Local CEQA Guidelines, staff has determined as follows: The application for
Zone Text Amendment 03 -3 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to Public Resources Code § 21080.17 and
14 Cal. Code of Regs. § 15282(i), both of which specify that an ordinance regarding
second units that is adopted to implement the provisions of Government Code § 65852.2
is exempt from CEQA.
Section 3. A duly noticed public hearing was held by the Planning
Commission on December 3, 2003 to consider Zone Text Amendment 03 -3.
Section 4. The record of the hearing of December 3, 2003 indicates
the following:
(a) At said public hearing there was oral and written testimony and
evidence received by the Planning Commission.
(b) The City Attorney and staff have reviewed the provisions of
California Government Code § 65852.2, the provisions of the existing Zoning Ordinance,
and are recommending approval of this Zone Text Amendment as presented.
(c) The Zone Text Amendment provides the maximum conditions and
requirements that can be appropriately applied to land use development requests in
accordance with the provisions of State law for second residential units. As indicated
within California Government Code § 65852.2:
"A second unit which conforms to the requirements of this subdivision
shall not be considered to exceed the allowable density for the lot upon
which it is located, and shall be deemed to be a residential use which
is consistent with the existing general plan and zoning designations for
the lot. The second units shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth."
Section 5. Based upon the facts contained in the record, including
those stated in § 4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the
Planning Commission makes the following findings:
(a) Zoning Text Amendment 03 -3 is consistent with the provisions of
the various elements of the City's General Plan. Accordingly, the proposed use is
consistent with the General Plan. The proposed amendment is administrative in nature
and will not result in changes inconsistent with the existing provisions of the General
Plan.
ZTA 03- 3.Second Family Umts.PC Reso 2
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
(b) The proposed text amendment will revise the City's zoning
ordinance and enhance the ability of the City to ensure orderly and planned development
in the City through an amendment of the zoning requirements. Specifically, this
amendment would:
❑ Establish standards for the ministerial review of applications for
second residential units, in conformance with the requirements of California Government
Code § 65852.2.
❑ Make a finding that based on an analysis of parking and sewer
infrastructure within the community, there are insufficient resources to accommodate
second units for all areas in "Old Town" that are zoned Residential High Density and
Residential Medium Density.
❑ Make a finding that the establishment of parking spaces within 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 of the City.
❑ Establish minimum and maximum allowable floor areas for second
residential units.
❑ Set forth specific definitions and development criteria, in
accordance with Government Code § 65852.2, regarding compliance with:
❑ the zoning development standards of the particular area where the
second residential unit is proposed;
❑ architectural compatibility with the main dwelling on the subject
property;
❑ recordation of a deed restriction indicating that the second
residential unit cannot be sold separately and that the owner of record of the property
must reside in either the primary dwelling or the second residential dwelling.
Section 6. Based upon the foregoing, the Planning Commission
hereby recommends approval of Zoning Text Amendment 03 -3 to the City Council as set
forth on Exhibit A, attached to this resolution and incorporated herein.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the .
City of Seal Beach at a meeting thereof held on the 3rd day of
December , 2003, by the following vote.
ZTA 03- 3.Second Family Units.PC Reso 3
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
AYES: Commissioners Deaton, Ladner, Shanks, and Sharp
NOES: Commissioners
ABSENT: Commissioners Eagar
ABSTAIN: Commissioners
Chairman of the Planning Commission
/ e - Whitten. erg
ecretary of the Planning Commissi •
ZTA 03- 3.Second Family Units PC Reso 4
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
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
STANDARDS
ZTA 03 -3 Second faintly Units.PC Reso 5
`
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 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 dwelling. units; and
WHEREAS, Government Code Section 65852.2, as amended, requires that local
governments consider applications for the construction of second dwelling units
ministerially, without discretionary review or a hearing, notwithstanding any local
ordinance to the contrary; and
WHEREAS, Section 65852.2, as amended, allows the City to enact standards for
the development of second units to increase the supply of affordable housing while
ensuring 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. Findings.
A. The City of Seal Beach does not allow parking within front yard setbacks
in private residential areas anywhere in the City, and it would adversely
impact the aesthetic appeal and character of the City to allow an exception
• to this rule.
B. - The City has evaluated the residential areas of the community in
accordance with the provisions of Government Code Section
65852.2(a)(1)(A), which allows for the review of areas in light of impacts
as to the adequacy of water and sewer services and the impact of second
units on traffic flow. Based on an analysis of parking and sewer
"infrastructure within the community, the City hereby finds that there are
insufficient resources to accommodate second units for all areas in "Old
Town" that are zoned Residential High Density and Residential Medium
Density. This finding is based on the following substantial evidence:
ZTA 03 -3 Second Family Units PC Reso 6
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
o These areas of the City have been subject since 1963 to restrictive on-
street parking provisions to accommodate the demand for on- street
parking spaces by the occupants of residential units and the demand on
the public streets for on- street parking by persons visiting the public
beaches that do not wish to park in the pay beach parking lot.
❑ The potential ability of additional residential units to be constructed in
these areas would seriously impact an existing highly constricted
parking availability situation.
❑ Several of the streets within these areas of "Old Town" are very
narrow, between 40 and 60 feet in width, and any additional on- street
parking pressure on these streets would exacerbate an existing public
safety concern.
❑ These areas of the City have been identified as having significant
deficiencies in the sewer system, as set forth in "City of Seal Beach
Sewer System Master Plan," dated February 1999. A summary of
those deficiencies in the subject areas is provided below:
❑ Approximately 6,855 lineal feet of pipelines are hydraulically
inadequate, and it would cost approximately $743,000 to repair
and replace the pipelines. For example:
❑ The Sewer System Master Plan indicates that an existing 6-
inch 950 LF pipeline segment located in the alley north of
Marina Drive, just east of Caravel Way, should be served by an
8 -inch pipeline.
o The Plan also indicates that the entire existing 1,260 LF
pipeline in the 8th Street Alley should be served by a 12 -inch
pipeline.
o Approximately 34,000 lineal feet of sewers lying within the alleys
of the Old Town drainage area are deficient, and it would cost
approximately $3,648,250 to make necessary repairs and
replacements. The Sewer System Master Plan identifies the
following specific deficiencies:
❑ The majority of the system is velocity deficient with peak flow
velocities less than 3.0 feet per second.
❑ With the exception of the existing Electric Avenue Trunk
Sewer, the system was built in the 1920's, and the sewers have
exceeded their expected 50 -year useful life.
o High ground water levels exist in the Old Town area and it is
believed that an excessive amount of infiltration is entering the
system through defective pipes, pipe joints, connections and
manholes.
ZTA 03 -3 Second Faintly Units.PC Reso 7
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
❑ There are also many reaches of 6 -inch VCP sewer that require
upsizing to the standard sewer diameter of 8- inches. Those
locations are noted in Table 1, Old Town 6 -Inch Sewers,
below.
❑ The sewers in the Old Town alleys are located in close
proximity to domestic water lines. These locations violate the
basic separation rule established by the Health Department.
Table 1, Old Town 6 -Inch Sewers
Sewer Location Sewer Location
System South of Electric Avenue System North of Electric Avenue
Ocean Ave — South Alley East of - 15 Street Alley
Dolphin Ave
Marine Ave Alley 14 Street Alley
Dolphin Ave Alley 13 Street Alley , .
14 Street Alley 12 Street Alley .
13 Street Alley 11 Street Alley
•
12 Street Alley 7 Street Alley -
1l Street Alley 7 Street
10 Street Alley between Ocean
Ave., North Alley & Central Ave.
7 Street Alley .
6 Street Alley
5 Street Alley
4 Street Alley between Ocean
Ave., North Alley & Manhole
F02 -269 (North of Central Ave.)
- 3` Street Alley •
2 Street Alley
1St Street Alley
Central Way between 2 St. Alley •
and 4 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:
ZTA 03 -3 Second Family Units.PC Reso 8 - ,
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
"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:
"(10) 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. ft.
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 Units 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"
ZTA 03 -3 Second Family Units PC Reso 9
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Reszdentzal Units
December 3, 2003
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:
"(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.
ZTA 03 -3 Second Family Units PC Reso 10
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
(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 permanent 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
homes and the standards set forth for manufactured homes
in the California Health and Safety Code. •
(b) Second Dwelling Units Permitted. An application for a Second
Dwelling Unit that meets the standards contained in this section
shall be approved ministerially without discretionary review or
public hearing.
(c) Primary Dwelling Unit. A legal single - family dwelling (the
"Primary Dwelling Unit ") must exist on the lot or must be
constructed on the lot in conjunction with the construction of the
Second Dwelling Unit.
(d) Independent facilities. A Second Dwelling Unit shall provide
independent living facilities for one or more persons and include
permanent provisions for living, sleeping, eating, cooking, and
sanitation.
(e) Zoning requirements. A Second Dwelling Unit shall comply
with the same height, setback, lot size, lot coverage, and other
applicable zoning requirements as apply to the Primary Dwelling
Unit.
(f) Ownership. The property shall be the primary residence of the
property owner. The owner must occupy either the Primary
ZTA 03 -3 Second Family Units.PC Reso 1 1 .
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
Dwelling Unit or Second Dwelling Unit as his or her primary
principal residence.
(g) Deed restriction. The Second Dwelling Unit shall not be sold,
transferred, or assigned separately from the Primary Dwelling
Unit. Before obtaining a building permit for the Second Dwelling
Unit, the owner of the lot or parcel shall file with the County
Recorder a declaration or agreement of restrictions, which has been
approved by the City Attorney as to its form and content,
containing a reference to the deed under which the property was
acquired by the owner and stating that:
(1) The Second Dwelling Unit shall not be sold separately;
(2) The Second Dwelling Unit shall be considered legal only
so long as either the Primary Dwelling Unit or the Second
Dwelling Unit is occupied by the owner of record of the
property.
(3) The restrictions shall be binding upon any successor in •
ownership of the property and lack of compliance shall
result in legal action against the property owner.
(h) Impact on Historic resources. No Second Dwelling Unit may be
approved if located on, or adjacent to, real property that is listed on
the California Register of Historic Places.
(i) Architectural Compatibility. The Second Dwelling Unit shall
incorporate the same or similar architectural features, building
materials and colors as the main dwelling unit or dwellings located
on adjacent properties."
Section 12. Section 28 -503 of Arnold 5 of Title 28 of The Code of The City of
Seal Beach is hereby amended to read as follows:
"Building Height Limit. Maximum building height for residential
structures, including Second Dwelling Units, shall be thirty -five (35) feet,
as measured from the crown of Surfside Avenue at the center of the _
subject property."
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. ", •
ZTA 03 -3 Second Family Units PC Reso 12
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
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 9
Second Dwelling Units 1per 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."
ZTA 03 -3 Second Family Units PC Reso 13
•
Planning Commission Resolution 03 -43
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
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 % ft 2 stories, 25 ft. maximum
Lot widths 37 '/z ft or more:
Front '/2 of lot 2 stories, 25 ft. maximum
Rear % of lot 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
Dwelling Unit living 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 II 10 ft. 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
ZTA 03- 3.Second Family Units.PC Reso 14
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
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 of a 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
detennines 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"
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 % ft:
District I 2 stories, 25 ft. maximum
Districts II, VI 35 ft.
Lot widths 37 4 ft or more:
District I, front i/ of lot 2 stories, 25 ft. maximum
District I, rear'/ of lot 3 stories, 35 ft. maximum
Districts II, VI 35 ft.
ZTA 03 -3 Second Fmnily Units PC Reso 15 _
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
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 ''A
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.
(b) Guest Spaces
Districts I & II 1 for every 7 dwelling units
District VI, for complexes with less than 7 dwelling units ..0
District VI, for complexes with at least 7 dwelling units
1 for every 7 dwelling units
Districts I, II & VI (Second Dwelling Units) 0
(3) Form — Districts I, II, VI
Primary Dwelling Units Open & Accessible
ZTA 03 -3 Second Family Units.PC Reso 16
Planning Commission Resolution 03 -48
Zone Text Amendrnent 03 -3 — Second Residential Units
December 3, 2003
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 any one 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
STATE OF CALIFORNIA } -
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
ZTA 03- 3.Second Family Uruts PC Reso 17
Planning Commission Resolution 03 -48
Zone Text Amendment 03 -3 — Second Residential Units
December 3, 2003
1, 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:
AYES: Councilmembers
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
ZTA 03 -3 Second Family Units PC Reso 18
Public Hearing - Zone Text Amendment 03 -3
Second Residential Units
City Council Staff Report
January 12, 2004
ATTACHMENT 4
PLANNING COMMISSION STAFF REPORT
RE: ZONE TEXT AMENDMENT 03 -3,
DATED DECEMBER 3, 2003
ZTA 03.3 CC Staff Reporl.Second Residential Units 22
December 3, 2003
. STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services
Subject: ZONE TEXT AMENDMENT 03 -3 - SECOND
RESIDENTIAL UNITS
SUMMARY
OF REQUEST
To consider an amendment to the Zoning Ordinance to permit the establishment of second
residential units in compliance with the provisions of California Government Code
§ 65852.2. This amendment proposes the following:
❑ . Establishes standards for the ministerial review of applications for second residential t
units, in conformance with the _ requirements of California Govemment Code
§ 65852.2.
❑ Makes a finding that based on an analysis of parking and sewer infrastructure within
the community, there are insufficient resources to accommodate second units for all
areas in "Old Town" that are zoned Residential High Density and Residential
Medium Density in accordance with the provisions of Government Code Section
65852.2(a)(1)(A).
❑ Makes a finding that the establishment of parking spaces within 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 of the City.
❑ Establishes minimum and maximum allowable floor areas for second residential
units.
❑ Sets forth specific definitions and development criteria, in accordance with
Govemment Code § 65852.2, regarding compliance with:
❑ the zoning development standards of the particular area where the second
residential unit is proposed;
❑ architectural compatibility with the main dwelling on the subject property;
❑ recordation of a deed restriction indicating that the second residential unit cannot
be sold separately and that the owner of record' of the property must reside in
either the primary dwelling or the second residential dwelling. • .
• Z \My Documents \ZTA \ZTA 03 -3 PC Staff Report Second Residential Units DOC \LW \I 1 -13 -03
•
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
BACKGROUND
Summary Overview of State Legislation:
•
On September 29, 2002, the first major revision to the second dwelling unit statute
(Government Code § 65852.2) was signed by the Governor. In general, this legislation states
that after July 1, 2003, any second dwelling unit application must be considered through the
ministerial development review process, without any discretionary review or public hearing
process.
A ministerial action describes an objective decision with no public involvement and requires
little, if any, personal, subjective judgment. A ministerial request is granted when it can meet
all applicable laws, ordinances, regulations, and statutes. Ministerial actions cannot be
appealed. Ministerial actions are commonly the issuance of building, plumbing, electrical,
mechanical permits that are in conformance with all ordinances and requirements of the City.
The Planning Commission or City Council does not review these types of actions.
Conversely, a discretionary action describes a review process that involves public comment,
a substantial level of subjective review and ge,it..rally a public hearing. Discretionary actions
may be appealed. Typical discretionary matters that the Planning Commission and City
Council review and consider are conditional use permits requests, variance requests, zone
change and/or general plan amendment requests, land subdivision requests, and zone text
amendments.
The new State law provisions state that a City may, by ordinance, provide for the creation of
second dwelling units. The ordinance may do any of the following:
❑ Designate areas where second units may be permitted which may be based on criteria,
including but not limited to, the adequacy of water and sewer services and impact on
traffic flow.
❑ Impose standards on second units, including, but not limited to, parking, height,
setbacks, lot coverage, architectural standards, maximum size, and standards that
prevent adverse impacts on any real property that is listed in the California Register of
Historic Places.
❑ Provide that second dwelling units do not exceed the allowable density for the
property and that the second unit is a residential use consistent with the General Plan
designation and zoning.
Although the City is not legally required to adopt a second unit ordinance, doing so will
allow the City to set the standards described above and to exclude areas pursuant to the
ZTA 03 -3 PC Stalf Report Second Residential Units 2
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
provisions of Government Code Section 65852.2(a)(1)(A). Otherwise, state minimum
standards will apply, which are less restrictive than those in the draft ordinance.
An information packet entitled "Second -Unit Legislation Effective January 1 2003 and July
1, 2003" from the State Department of Housing and Community Development, Division of
Housing Policy Development, dated August 6, 2003, including a copy of California
Government Code § 65852.2 is provided for the information of the Planning Commission as
Attachment 2.
The City Attorney and staff have reviewed the provisions of California Government Code
§ 65852.2 and the provisions of the existing Zoning Ordinance, and are recommending
approval of this Zone Text Amendment as presented. The Zone Text Amendment provides
the maximum conditions and requirements that can be appropriately applied to land use
development requests in accordance with the provisions of State law for second residential
units. As indicated within California Government Code § 65852.2:
"A second unit which conforms to the requirements of this subdivision shall
not be considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use which is consistent with
the existing general plan and zoning designations for the lot. The second
units shall not be considered in the application of any local ordinance, policy,
or program to limit residential growth."
Designation of Areas Inappropriate for Second Units:
The City has evaluated the residential areas of the community in accordance with the
provisions of Government Code Section 65852.2(a)(1)(A), which allows for the review of
areas in light of impacts as to the adequacy of water and sewer services and the impact of
second units on traffic flow. Based on an analysis of parking and sewer infrastructure within
the community, staff is proposing to exclude all areas in "Old Town" that are zoned
Residential High Density and Residential Medium Density from the provisions of the
proposed ordinance. This recommendation is based on the following factors:
❑ These areas of the City have been subject since 1963 to restrictive on- street parking
provisions to accommodate the demand for on- street parking spaces by the occupants
of residential units and the demand on the public streets for on- street parking by
persons visiting the public beaches that do not wish to park in the pay beach parking
lots.
❑ The potential ability of additional residential units to be constructed in these areas
would seriously impact an existing highly constricted parking availability
situation.
o Several of the streets within these areas of "Old Town" are very narrow, between
40 and 60 feet in width, including pedestrian sidewalk areas. Any additional 6n-
street parking pressure on these streets would exacerbate an existing public safety
concern.
ZTA 03 -3 PC Staff Report Second Residential Units 3
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
a These areas of the City have been identified as having significant deficiencies in the
sewer system, as set forth in "City of Seal Beach Sewer System Master Plan ", dated
February 1999. A summary of those deficiencies in the subject areas is provided
below:
❑ Approximately 6,855 lineal feet of pipelines are hydraulically inadequate, and it
would cost approximately $743,000 to repair and replace the pipelines. For
example:
❑ The Sewer System Master Plan indicates that an existing 6 -inch 950 LF
pipeline segment located in the alley north of Marina Drive, just east of
Caravel Way, should be served by an 8 -inch pipeline.
❑ The Plan also indicates that the entire existing 1,260 LF pipeline in the 8th
Street Alley should be served by a 12 -inch pipeline.
❑ Approximately 34,000 lineal feet of sewers lying within the alleys of the Old
Town drainage area are deficient, and it would cost approximately $3,648,250 to
make repairs and replacements. The Sewer System Master Plan identifies the
following specific deficiencies:
a The majority of the system is velocity deficient with peak flow velocities
less than 3.0 feet per second.
o With the exception of the existing Electric Avenue Trunk Sewer, the
system was built in the 1920's, and the sewers have exceeded their
expected 50 -year useful life.
❑ High ground water levels exist in the Old Town area and it is believed that
an excessive amount of infiltration is entering the system through
defective pipes, pipe joints, connections and manholes.
❑ There are also many reaches of 6 -inch VCP sewer that require upsizing to
the standard sewer diameter of 8- inches. Those locations are noted in
Table 1, Old Town 6 -Inch Sewers, below.
a The sewers in the Old Town alleys are located in close proximity to
domestic water lines. These locations violate the basic separation rule
established by the Health Department.
Table 1, Old Town 6 -Inch Sewers
Sewer Location Sewer Location
System South of Electric Avenue System North of Electric Avenue
Ocean Ave — South Alley East of - 15` Street Alley
Dolphin Ave
Marine Ave Alley l4 Street Alley
Dolphin Ave Alley 13 Street Alley
14 Street Alley 12t Street Alley
ZTA 03 -3 PC Staff Report.Second Residential Units 4
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
13' Street Alley 1 l`'' Street Alley
12` Street Alley 7 Street Alley
11 Street Alley 7`'' Street
10"' Street Alley between Ocean Ave.,
North Alley & Central Ave.
7 Street Alley
6 Street Alley
5t Street Alley •
4 Street Alley between Ocean Ave.,
North Alley & Manhole F02 -269
(North of Central Ave.)
3' Street Alley
2" Street Alley
ls` Street Alley
Central Way between 2' St. Alley and
4 Street Alley
Based on the above analysis, staff recommends that the Residential Medium and
Residential High Density areas of "Old Town" be excluded from the provisions of the
proposed ordinance. The language that sets forth this exclusion is found in Sections 18
and 24 of the proposed Ordinance. -
A survey of California cities regarding owner occupancy and deed restriction provisions
is provided as Attachment 3 for the information of the Planning Commission. •
RECOMMENDATION Staff recommends that after receiving both written and oral
testimony presented during the public hearing, the
Commission recommend approval of ZTA 03 -3 to the City Council, as discussed above.
Should the Commission disagree, it has the option of recommending no change to the Code.
This decision would allow potential applicants to submit applications in confonnance with the
provisions of California Government Code § 65852.2, which are less restrictive than those
recommended by Staff.
Should the Commission follow staff's recommendation, staff has prepared a proposed resolution
recommending approval of ZTA 03 -3 to the City Council, reflecting the recommended language
by the City Attorney and staff regarding the ordinance provisions for second residential units.
Please refer to Attachment 1 to review the proposed resolution, including Exhibit A, the "Draft
Ordinance" as prepared by the City Attorney.
ZTA 03 -3 PC Staff Report Second Residential Units 5
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission StceReport
December 3, 2003
= Whittenberg, Director
epartrent of Development Servi s
Attachments: (2) -
Attachment 1: Proposed Planning Commission Resolution No. , 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
Attachment 2: Information packet entitled "Second -Unit Legislation Effective
January 1 2003 and July 1, 2003 ", State Department of Housing
and Community Development, Division of Housing Policy
Development, dated August 6, 2003
Attachment 3: Survey of Cities Regarding Owner Occupancy and/or Deed
Restriction Provisions
ZTA 03 -3 PC Staff Report Second Residential Units 6
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
ATTACHMENT 1
RESOLUTION NUMBER 03-
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
ZTA 03 -3 PC Staff Report Second Residential Units 7
Zoning Text .4rnendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
RESOLUTION NUMBER 03- .
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. This amendment would:
❑ Establish standards for the ministerial review of applications for second
residential units, in conformance with the requirements of California Government Code
§ 65852.2.
o Make a finding that based on an analysis of parking and sewer
infrastructure within the community, there are insufficient resources to accommodate second
units for all areas in "Old Town" that are zoned ' Residential High Density and Residential
Medium Density in accordance with the provisions of Government Code Section
65852.2(a)(1)(A). ,
o Make a finding that the establishment of parking spaces within 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 of the City.
o Establish minimum and maximum allowable floor areas for second
residential units.
❑ Set forth specific definitions and development criteria, in accordance with
Government Code § 65852.2, regarding compliance with:
❑ the zoning development standards of the particular area where the second
residential unit is proposed; ,
❑ architectural compatibility with the main dwelling on the subject property;
o recordation of a deed restriction indicating that the second residential unit
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cannot be sold separately and that the owner of record of the property must reside in either the
primary dwelling. or the second residential dwelling.
•
Section 2. Pursuant to 14 Calif. Code of Reg.s. § 15305 and § II.B of the.
City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Text
Amendment 03 -3 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to Public Resources Code § 21080.17 and 14 Cal. Code of Rees.
§ 15282(i), both of which specify that an ordinance regarding second units that is adopted to
implement the provisions of Government Code § 65852.2 is exempt from CEQA.
Section 3. A duly noticed public hearing was held by the Planning
Commission on December 3, 2003 to consider Zone Text Amendment 03 -3. -
Section 4. The record of the hearing of December 3, 2003 indicates the
following.:
(a) At said public hearing there was oral and written testimony and evidence
received by the Planning. Commission.
•
(b) The City Attorney and staff have reviewed the provisions of California
Government Code § 65852.2, the provisions of the existing. Zoning Ordinance, and are
recommending approval of this Zone Text Amendment as presented.
(c) The Zone Text Amendment provides. the maximum conditions and
requirements that can be appropriately applied to land use development requests in accordance
with the provisions of State law for second residential units. As indicated within California
Government Code § 65852.2:
"A second unit which conforms to the requirements of this subdivision shall
not be considered to exceed the allowable density for the lot upon which it is
located. and shall be deemed to be a residential use which is consistent with
the existing general plan and _ oning designations for the lot. The second
units shall not be considered in the application of any local ordinance, policy,
or program to limit residential growth."
Section 5 Based upon the facts contained in the record, including those stated
in § 4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning
Commission makes the following findings: - -
(a) Zoning. Text Amendment 03 -3 is consistent with the provisions of the
•
various elements of the City's General Plan. Accordingly, the proposed use is consistent with
the General Plan. The proposed amendment is administrative in nature and will not result in
changes inconsistent with the existing provisions of the General Plan.
(b) The proposed text amendment will revise the City's zoning ordinance and
enhance the ability of the City to ensure orderly and planned development in the City through an
amendment of the zoning requirements. Specifically, this amendment would:
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❑ Establish standards for the ministerial review of applications for second
residential units, in conformance with the requirements of California Government Code
65852.
• ❑ Make a finding that based on an analysis of parking and sewer
infrastructure within the community, there are insufficient resources to accommodate second
units for all areas in "Old Town" that are zoned Residential High Density and Residential
Medium Density.
❑ - Make a finding that the establishment of parking spaces within 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 of the City.
❑ Establish minimum and maximum allowable floor areas for second -
residential units.
❑ Set forth specific definitions and development criteria, in accordance with
Government Code § 658 2.2, regarding compliance with:
❑ the zoning development standards of the particular area where the second
residential unit is proposed;
❑ architectural compatibility with the main dwelling on the subject property;
❑ recordation of a deed restriction indicating that the second residential unit
cannot be sold separately and that the owner of record of the property must reside in either the
primary dwelling or the second residential dwelling.
Section 6. Based upon the foregoing, the Planning Commission hereby
recommends approval of Zoning Text Amendment 03 -3 to the City Council as set forth on
Exhibit A, attached to this resolution and incorporated herein.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the day of
2003, by the following vote.
AYES: Commissioners - --
NOES: Commissioners - --
ABSENT. Commissioners - --
ABSTAIN. Commissioners - --
Zoning Text Amendment 03 -3
• Second Residential Grits
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Chairman of the Planning Commission
Lee Whittenberg
Secretary of the Planning Commission
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"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 STANDARDS
•
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•
•
1
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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 dwelling units; and
WHEREAS, Government Code Section 65852.2, as amended, requires that local
governments consider applications for the construction of second dwelling units ministerially,
without discretionary review or a hearing, notwithstanding any local ordinance to the contrary;
and
WHEREAS, Section 65852.2, as amended, allows the City to enact standards for the
development of second units to increase the supply of affordable housing while ensuring 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. Findings.
A. The City of Seal Beach does not allow parking within front yard setbacks in
private residential areas anywhere in the City, and it would adversely impact the
aesthetic appeal and character of the City to allow an exception to this rule.
B. The City has evaluated the residential areas of the community in accordance with
the provisions of Government Code Section 65852.2(a)(1)(A), which allows for
the review of areas in light of impacts as to the adequacy of water and sewer
services and the impact of second units on traffic flow. Based on an analysis of
parking and sewer infrastructure within the community, the City hereby finds that
there are insufficient resources to accommodate second units for all areas in "Old
Town" that are zoned Residential High Density and Residential Medium Density.
This finding is based on the following. substantial evidence:
o These areas of the City have been subject since 1963 to restrictive on- street
parking provisions to accommodate the demand for on- street parking spaces
by the occupants of residential units and the demand on the public streets for.
on- street parking by persons visiting the public beaches that do not wish to
park in the pay beach parking. lot.
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❑ The potential ability of additional residential units to be constructed in these
areas would seriously impact an existing highly constricted parking
availability situation.
❑ Several of the streets within these areas of "Old Town" are very narrow,
between 40 and 60 feet in width, and any additional on- street parking pressure
on these streets would exacerbate an existing public safety concern.
❑ These areas of the City have been identified as having significant deficiencies
in the sewer system, as set forth in "City of Seal Beach Sewer System Master
Plan," dated February 1999. A summary of those deficiencies in the subject
areas is provided below:
❑ Approximately 6,855 lineal feet of pipelines are hydraulically inadequate,
and it would cost approximately $743,000 to repair and replace the
pipelines. For example:
❑ The Sewer System Master Plan indicates that an existing 6 -inch 950
LF pipeline segment located in the alley north of Marina Drive, just
east of Caravel Way, should be by an 8 -inch pipeline.
❑ The Plan also indicates that the entire existing 1,260 LF pipeline in the
8th Street Alley should be served by a 12 -inch pipeline.
❑ Approximately 34,000 lineal feet of sewers lying within the alleys of the
Old Town drainage area are deficient, and it would cost approximately
$3,648,250 to make necessary repairs and replacements. The Sewer
System Master Plan identifies the following specific deficiencies:
❑ The majority of the system is velocity deficient with peak flow
velocities less than 3.0 feet per second.
❑ With the exception of the existing Electric Avenue Trunk Sewer, the
system was built in the 1920's, and the sewers have exceeded their
expected 50 -year useful life.
❑ High ground water levels exist in the Old Town area and it is believed
that an excessive amount of infiltration is entering the system through
defective pipes, pipe joints, connections and manholes.
❑ There are also many reaches of 6 -inch VCP sewer that require upsizing
to the standard sewer diameter of 8- inches. Those locations are noted
in Table 1, Old Town 6 -Inch Sewers, below.
❑ The sewers in the Old Town alleys are located in close proximity to
domestic water lines. These locations violate the basic separation rule
established by the Health Department.
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Table 1, Old Town 6 -Inch Sewers
Sewer Location Sewer Location
System South of Electric Avenue System North of Electric Avenue
Ocean Ave — South Alley East of 15 Street Alley
Dolphin Ave •
Marine Ave Alley 14 Street Alley
Dolphin Ave Alley .13 Street Alley
14 Street Alley • 12 ' Street Alley
13 Street Alley 11 Street Alley •
12 Street Alley 7 Street Alley
11 Street Alley 7 Street -
10 Street Alley between Ocean Ave.,
North Alley & Central Ave.
7 Street Alley
6 Street Alley
5 Street Alley
4 Street Alley between Ocean Ave.,
North Alley & Manhole F02 -269
(North of Central Ave.)
3` Street Alley
2 "d Street Alley
1' Street Alley
Central Way between 2 " St. 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.
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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:
"(10) 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. ft.
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 Units 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 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:
"(2) Number of spaces per unit. -
Districts I, II & V (Primary Dwelling Units)
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
ZTA 03 -3 PC Staff Report Second Residential Units 16
.
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Planning Commission Staff Report
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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
permanent 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
ZTA 03 -3 PC Staff Repuit Second Residential Units 17
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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 homes and the standards set forth for manufactured
homes in the California Health and Safety Code.
(b) Second Dwelling Units Permitted. An application for a Second
Dwelling Unit that meets the standards contained in this section shall be
approved ministerially without discretionary review or public hearing.
(c) Primary Dwelling Unit. A legal single- family dwelling (the "Primary
Dwelling Unit ") must exist on the lot or must be constructed on the lot in
conjunction with the constntction of the Second Dwelling Unit.
(d) Independent facilities. A Second Dwelling Unit shall provide
independent living facilities for one or more persons and include
permanent provisions for living, sleeping, eating, cooking. and sanitation.
(e) Zoning requirements. A Second Dwelling Unit shall comply with the
same height, setback, lot size, lot coverage, parking, and other applicable
zoning requirements as apply to the Primary Dwelling Unit.
(f) Ownership. The property shall be the primary residence of the property
owner. The owner must occupy either the Primary Dwelling Unit or
Second Dwelling Unit as his or her primary principal residence.
(g) Deed restriction. The Second Dwelling Unit shall not be sold,
transferred, or assigned separately from the Primary Dwelling Unit.
Before obtaining a building permit for the Second Dwelling Unit, the -
owner of the lot or parcel shall file with the County Recorder a declaration
or agreement of restrictions, which has been approved by the City
Attorney as to its form and content, containing a reference to the deed
under which the property was acquired by the owner and stating that:
(1). The Second Dwelling Unit shall not be sold separately;
(2) The Second Dwelling Unit shall be considered legal only so long
as either the Primary Dwelling Unit or the Second Dwelling Unit is
occupied by the owner of record of the property.
(3) The restrictions shall be binding upon any successor in ownership
of the property and lack of compliance shall result in legal action
against the property owner.
(h) Impact on Historic resources. No Second Dwelling Unit may be
approved if located on, or adjacent to, real property that is listed on the
California Register of Historic Places.
(i) Architectural Compatibility.. The Second Dwelling Unit shall
incorporate the same or similar architectural features, building materials
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and colors as the main dwelling unit or dwellings located on adjacent -
properties."
Section 12. Section 28 -503 of Article 5 of Title 28 of The Code of The City of Seal
Beach is hereby amended to read as follows:
"Building Height Limit. Maximum building height for residential structures, including
Second Dwelling Units, shall be thirty -five (35) feet, as measured from the crown of
Surfside Avenue at the center of the subject property."
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 7
Second Dwelling Units 1per 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 detennines 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. 7.'8 of The Code of The City of
Seal Beach is hereby added to read as follows:
•
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"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 % ft 2 stories, 25 ft. maximum
Lot widths 37 1/2 ft or more: -
Front '/ of lot 2 stories, 25 ft. maximum
Rear'/ of lot 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
Dwelling Unit living 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:
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"(e) Parking Requirements:
Minimum Parking Dimensions per.Space (Interior Dimensions)
District I 9 ft. x 20 ft.
District II 10 ft. 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 of a 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"
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."
1 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."
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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 11 ft:
District I 2 stories, 25 ft. maximum
Districts II, VI 35 ft. _
Lot widths 37 % ft or more:
District I, front'/ of lot 2 stories, 25 ft. maximum
• District I, rear t/ of lot 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)
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 1/
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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(b) Guest Spaces
Districts I & II 1 for every 7 dwelling units
District VI, for complexes with less than 7 dwelling units ..0
District VI, for complexes with at least 7 dwelling units
1 for every 7 dwelling, units
Districts I, II & VI (Second Dwelling Units) 0
(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 any one 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:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH
1, 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: •
AYES: Councilmembers
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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ATTACHMENT 2
INFORMATION PACKET ENTITLED "SECOND -
UNIT LEGISLATION EFFECTIVE JANUARY 1
2003 AND JULY 1, 2003 ", STATE DEPARTMENT
OF HOUSING AND COMMUNITY
DEVELOPMENT, DIVISION OF HOUSING
POLICY DEVELOPMENT, DATED AUGUST 6,
2003
ZTA 03 -3 PC Staff Report Second Residential Units 25 -
STATF OF CAI IFORNIA - Bl1SINE85 TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ` anu v »rT,
Dl of u Housing Policy Development f • ') , r �
. 430 -
P 0 Box 952053 to
Sacramento, CA 94252 -2053
(916) 323 -3177 / FAX (916) 327 -2643 °turn*
www.hcd.ca gov
August 6, 2003
MEMORANDUM FOR: Planning Directors and Interested Parties
CledRAdi
FROM: Cath . Creswell, Deputy Director
Division of Housing Policy Development
SUBJECT: Second -Unit Legislation Effective January 1, 2003
and July 1, 2003
AB 1866 (Chapter 1062, Statutes of 2002) amends two sections of Government Code to encourage
the creation of second - units, generally as follows:
1. Section 65852.2 (second -unit law) — Amendments require local governments with a local
second -unit ordinance to ministerially consider second -unit applications as of July 1, 2003; and
local governments without a local second -unit ordinance or a local ordinance not in
compliance with subsections (a) or (c) of second -unit law should ministerially consider
second -unit applications in accordance with State standards, established in subsection (b), as of
January 1, 2003.
2. Section 65583.1 (a portion of State housing element law) — Amendments clarify existing
housing element law to allow identification of realistic capacity for second -units in addressing
a locality's share of the regional housing need. The identification of realistic capacity should
be based on the development trends of second -units in the previous housing element planning
period and other relevant factors. These amendments were effective as of January 1, 2003.
The following attachments are provided to inform localities of Chapter 1062 and to assist in
evaluating how these new provisions of State law affect communities. This memo supplements
prior technical assistance issued by the Department of Housing and Community Development
(Department) on second -unit law. A copy of the legislation can be found on the Department's
website at www.hcd.ca.Rov. You may obtain copies of published bills from the 2002 session from
the Legislative Bill Room at (916) 445 -2323 or from the Senate's website at: www.senate.ca..Rov.
If you have any questions or would like additional information, please contact Paul Mc Dougall, of
our staff, at (916) 445 -4728.
Attachments •
Second Unit Law as Amended by
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
TABLE OF CONTENTS
Attachment 1: Second Unit Law (Government Code Section 65852.2)
A. Implementation Discussion 2
Introduction 2
Intent of Second Unit Law 2
When Does a Local Second -Unit Ordinance Apply versus State Standards? 3
Does a Locality Have Flexibility in Adopting a Local Ordinance? 3
When Does Chapter 1062 Take Effect? 4
What is Ministerial Review? 5
Can a Locality Accept Appeals if a Second -Unit Application is Denied? 6
Can a Locality Consider an Additional Process to Consider Second -Units if the
Standards Established by Chapter 1062 Have Been Met? 6
Is a Locality Required to Allow Second -Units in Multifamily Zones? 6
Are Second -Units Exempt from Local Growth Control? 7
What Kind of Environmental Review Is Required for Second - Units? 7
How Can a Locality Encourage Second - Units? 7
Can a Locality Have Occupancy Requirements on Second - Units? 8
Does Second Unit Law Apply to Charter Cities and Counties? 8
Does Second Unit Law Apply to Localities in the Coastal Zone? 8
Should a Locality Submit Their Second -Unit Ordinances to HCD? 9
B. Changes to Government Code Section 65852.2 10
C. Other Pertinent Code Sections 13
Government Code Section 65901 13
Government Code Section 65906 13
CEQA Guidelines: Section 15369 13
D. Resource and Contacts 15
Second -Unit Resource List 15
Tentative Contact List 19
Attachment 2: Portion of State Housing Element Law (Government Code Section 65583.1)
A. Implementation Discussion 21
Introduction 21
Resources and Incentives 21
The Need for Second -Units 21
Other Relevant Factors 22
Tracking Second -Units 22 ,
B. Changes to Government Code Section 65583.1 23
•
ATTACHMENT 1
Government Code Section 65852.2
State Second Unit Law
State 7(CD — (Dtviston of - (oustng Po&y Development 1 July 2003
Chapter 1062, Statutes of 2002 ,
(Assembly Bill 1866)
A. IMPLEMENTATION DISCUSSION FOR SECOND UNIT LAW
GOVERNMENT CODE SECTION 65852.2
Introduction
Second -units (i.e., in -law apartments, granny flats, or accessory apartments) provide an important
source of affordable housing. By promoting the development of second - units, a community may
ease a rental housing deficit, maximize limited land resources and existing infrastructure and assist
low and moderate - income homeowners with supplemental income. Second -units can increase the
property tax base and contribute to the local affordable housing stock. Government Code Section
65852.2 (a.k.a. second -unit law) was enacted in 1982 and has been amended four times (1986,
1990, 1994 and 2002) to encourage the creation of second -units while maintaining local flexibility
for unique circumstances and conditions. Local governments may allow for the creation of
- second -units in residential zones, set development standards (i.e., height, setbacks, lot coverage),
require minimum unit sizes and establish parking requirements. However, State standards apply if
localities do not adopt a second -unit ordinance in accordance with the intent of second -unit law
And subsections (a) or (c).
Chapter 1062 amends second -unit law to require ministerial consideration of second -unit
applications to encourage the creation of second - units. For the text of Chapter 1062 (AB 1866)
relating to Government Code Section 65852.2, see the second section of this attachment, titled
"Changes to Government Code Section 65852.2 ". Following is a discussion of the new legislation
to assist localities in carrying out the provisions of Chapter 1062:
Intent of Second -Unit Law (Government Code Section 65852.150)
The preparation, adoption, amendment and implementation of local second -unit ordinances should
be carried out consistent with Government Code Section 65852.150:
The Legislature finds and declares that second units are a valuable form of housing
in California. Second units provide housing for family members, students, the
elderly, in -home health care providers, the disabled, and others, at below market
prices within existing neighborhoods. Homeowners who create second units benefit
from added income, and an increased sense of security.
State 71 — cDtvuwn o f Xaustng (Policy cDeveCopment 2 2003
It is the intent of the Legislature that any second -unit ordinances adopted by local
agencies have the effect of providing for the creation of second units and that
provisions in these ordinances relating to matters including unit size, parking, fees
and other requirements, are not so arbitrary, excessive, or burdensome so as to
unreasonably restrict the ability of homeowners to create second units in zones in
which they are authorized by local ordinance.
When Does a Local Second -Unit Ordinance Apply versus State Standards?
Second -unit law contains provisions to guide the adoption of a local ordinance (subsections (a) and
(c -g)) and describes State standards that apply in the absence of a local ordinance (subsection (b)).
When a local second -unit ordinance is enacted in accordance with subsections (a) or (c), the local
ordinance provides the criteria for approving and denying second -unit applications. In the absence -
of a local second -unit ordinance in accordance with subsection (a) or (c), the State standards
contained in subsection (b) of Government Code Section 65852.2 establish the criteria for.
approving and denying second -unit applications. While the State standards, under subsection (b),
do not necessarily apply to the preparation or update of a local ordinance, they are appropriate to
use as a guideline.
Does a Locality Have Flexibility in Adopting a Local Second -Unit Ordinance?
Second -unit law was created and amended within the context of providing "...a minimum of
limitation... ", so localities "...may exercise the maximum degree of control over local zoning
matters..." (Government Code 65800). Chapter 1062 requires localities to consider applications
for the development of second -units ministerially with the intent to create second -units and not
constrain their development. Second -unit law provides local flexibility to manage the opportunity
for creating second - units. For example, Government Code Section 65852.2(a)(1) provides that:
65852.2.(a)(1) Any local agency may, by ordinance, provide for the creation of
second units in single-family and multifamily residential zones. The ordinance may
do any of the following:
(A) Designate areas within the jurisdiction of the local agency where second units
may be permitted. The designation of areas may be based on criteria that may
include, but are not limited to, the adequacy of water and sewer services and
the impact of second units on traffic flow.
(B) Impose standards on second units that include, but are not limited to, parking,
height, setback, lot coverage, architectural review, maximum size of a unit, and
standards that prevent adverse impacts on any real property that is listed in the
California Register of Historic Places. .
(C) Provide that second units do not exceed the allowable density for the lot upon
which the second unit is located, and that second units are a residential use that
is consistent with the existing general plan and zoning designation for the lot.
State 7-1 — !Division of 2-coiumng (Policy neveCopment 3 jury 2003
•
A local government may apply quantifiable, fixed and objective standards, such as height, setback,
and lot co\erage requirements so the second -unit will be compatible with other structures in the
neighborhood. A local government may designate areas appropriate for second -units based on
criteria such as the adequacy of water and sewer services and the impact of second -units on traffic
flow. At the same time, a locality must adopt an ordinance with the intent of facilitating the
development of second -units in appropriate residential zones without arbitrary, excessive, or
burdensome provisions and requirements.
Under limited circumstances, a locality may prohibit the development of second -units in single -
family or multifamily zones (Government Code Section 65852.2(c)). This prohibition may only be
enacted if a locality adopts formal written findings based on substantial evidence identifying the
adverse impact of second -units on the public health, safety, and welfare and acknowledging such
action may limit housing opportunities in the region (Section 65852.2(c)). Prior to making
firdings of specific adverse impact, the agency should explore feasible alternatives to mitigate and
avoid the impact. Written findings should also acknowledge efforts to adopt an ordinance
consistent with the intent of second -unit law.
A'local government may also establish reasonable minimum and maximum unit size requirements
for both attached and detached second -units according to Government Code Section 65852.2(d).
Minimum and maximum unit sizes should be reasonable and should not arbitrarily and excessively
restrict the development of second - units. For example, a maximum unit size of 400 square feet
might be unduly restrictive on minimum lot sizes of 7,000 square feet, barring unusual
circumstances, and would restrict the development of second- units. Minimum unit sizes should
also uphold health safety standards. _
Also, localities should ensure parking requirements are consistent with standards set forth in
subsection (e). This subsection limits parking requirements to one parking space per unit or
bedroom, unless a locality makes specific findings.
When Does Chapter 1062 Take Effect for Second -Unit Law?
Government Code Section 65852.2(a)(3) requires where a local agency has a local ordinance in
accordance with subsections (a) or (c), an application for a second -unit permit is to be considered
ministerially without discretionary review or public hearing on or after July 1, 2003. Local
jurisdictions without an ordinance must utilize the State second -unit standards set forth in Section
65852.2(b) and are required to .ministerially consider second -unit applications after
January 1, 2003.
Chapter 1062 does not necessarily require a local agency to adopt or amend a second -unit
ordinance (Section 65852.2(a)(3)). If a locality has a second -unit ordinance in accordance with
subsections (a) or (c) of second -unit law, an application should be considered ministerially. For
example, if a locality has an ordinance with development standards in accordance with the intent
of second -unit law and subsection (a) and requires a conditional use permit, the locality should
consider a second -unit application ministerially according to the adopted development standards
State MOD — Owls an of Mousing (Policy (DeveCopmcnt 4 Jury 2003
and any provisions of the local ordinance which are in conflict with second -unit law, such as a
conditional use permit, should be considered null and void. However, if a locality has a second -
unit ordinance that does not meet the intent and subsections (a) or (c), the locality is required to
ministerially consider a second -unit application in accordance with the State standards in
subsection (b).
What is Ministerial Review?
Chapter 1062 requires development applications for second -units to be "...considered ministerially
without discretionary review or a hearing..." or, in the case where there is no local ordinance in
compliance with subsections (a) or (c), a local government must "...accept the application and
approve or disapprove the application ministerially without discretionary review..." In order for
an application to be considered ministerially, the process must apply predictable, objective, fixed,
quantifiable and clear standards. These standards must be administratively applied to the
application and not subject to discretionary decision - making by a legislative body (For
clarification see the attached definition of ministerial under California Environmental Quality Act
(CEQA) Guidelines, Section 15369.). The definition is generally accepted and was prepared
pursuant to Public Resources Code.
An application should not be subject to excessively burdensome conditions of approval, should not
be subject to a public hearing or public comment and should not be subject to any discretionary
decision - making process. There should be no local legislative, quasi - legislative or discretionary
consideration of the application, except provisions for authorizing an administrative appeal of a
decision (see Appeal discussion below).
The intent of Chapter 1062 is to improve certainty and predictability in the approval process.
Where special use or variances must apply, the locality should grant the variance or special use
permit without a public hearing for legislative, quasi - legislative or discretionary consideration, as
authorized by Government Code Section 65901. An application for consideration by a board of
zoning adjustments or zoning administrator should apply a limited and fixed set of clear,
predictable and objective standards without the application of discretionary conditions or public
comment.
Chapter 1062 does not affect local government measures to keep the public apprised of pending
applications and the status of the decision - making process. A local government should handle
public noticing in the same manner as other ministerial actions. For example, if a local
government allows new construction of a single- family residence by tight or ministerially and
public notice is not given for these applications, then a local government should employ the same
procedures for second -unit applications. The appropriate point for public comment is the
discretionary action adopting or amending a second -unit ordinance.
As explicitly stated in the provisions of 65852.2(a). a locality may require second -units to comply
with development standards such as height, setback and architectural review. At the same time,
architectural review should be handled in a ministerial fashion without discretionary public
hearings or review. Architectural review in a ministerial fashion includes architectural standards
and design guidelines with clear, fixed and objective standards. These standards should provide a
State.7{C'D — Division of 1Coising (Policy Deue(opment 5 Jury 2003
predictable concept of appropriate second -unit development. For example, the compatibility of the
materials with the existing structure, exterior color, subordinate bulk or compatible exterior surface
texture are architectural standards that can be applied in a ministerial manner, especially with the
aid of design review guidelines. Architectural review standards should not impede the creation of
second -units and should not detrimentally affect the feasibility or affordability of second - units.
Can a Locality Accept Appeals If a Second -unit Application Is Denied?
A locality can provide an appeal process for applicants whose second -unit proposal is denied. The
appeal process should maintain predictable and fixed approval standards, consistent with the intent
of Chapter 1062. Accordingly, an appeal should not include a public hearing with public comment
as part of a discretionary decision. The appeal process should be handled in a ministerial and
administrative manner and should be limited in scope, only considering the proposal's compliance
with the objective standards of the second -unit ordinance.
Can a Locality Consider an Additional Process to Consider Second Units if the Standards
Established by Chapter 1062 Have Been Met?
If a local ordinance is consistent with subdivisions (a) and (c -g) of second -unit law and consistent
with the intent of the law, a local government could also adopt an ancillary set of broader standards
under which second -units might be allowed under a discretionary review process as exceptions to
existing zoning. While the statute does not preclude a broader and more flexible set of standards,
localities must be very careful that any criteria or process for a• secondary set of standards is only
ancillary to the ministerial consideration required by Chapter 1062. Typical exceptions to zoning -
could be handled administratively or quasi judicially.
Homeowners in the community are entitled to have a realistic opportunity to create second - units.
If the locality fails to provide an adequate ministerial process pursuant to subdivision (a) and (c -g),
applications for second -units should be subject to the State standards of subdivision (b) of
Section 65852.2.
Is a Locality Required to Allow Second -Units in Multifamily Zones?
While second -units may be allowed in both single- and multi - family zones (Sections 65852.2(a)(1)
and (b)(1)(B)), nothing in the statute requires more than one second -unit to be permitted on a
single parcel. The State standards specifically require that the lot contain an existing single- family
dwelling (Section 65852.2(b)(1)(C)) and localities could adopt a similar requirement.
Alternatively localities could permit second -units on parcels containing, for example, a duplex.
The guiding principle for the local ordinance should be to avoid provisions that are "...so arbitrary,
excessive or burdensome so as to unreasonably restrict the ability of homeowners to create second -
units in zones where they are authorized by local ordinance." (Section 65852.150). For example,
second -units should not be arbitrarily excluded from appropriate geographic areas. -
Are Second -Units Exempt from Local Growth Control?
Yes. Government Code Section 65852.2(a)(2) states second -units shall not be considered in the
- application of any local ordinance, policy, or program to limit residential growth. Second -units
must be exempt from growth control measures regardless of whether the growth control has been
State NM — cTvueon of Mousing (Policy cDcveCopneent 6 jury 2003
enacted by local initiative or the legislative body. Local governments should take steps to address
any inconsistency between the second -unit mandate and local initiatives, ordinances, policies,
programs or any other regulations to limit residential growth.
What Kind of Environmental Review is Required for Second - Units?
Second -units approved ministerially are statutorily exempt from CEQA pursuant to Section 15268
(Ministerial Projects) of the CEQA guidelines and Section 21080(b)(1) of the Public Resources
Code. In addition, second -units can be categorically exempt from CEQA pursuant to Sections
15301 and 15303 of the CEQA guidelines, authority cited under Public Resources Code Section
21083 and 21087.
How Can a Locality Encourage Second - Units?
Local governments can encourage second -unit development through a variety of mechanisms. For
example, a locality could develop information packets to market second -unit construction. A
packet could include materials for a second -unit application, explain the application process, and
describe incentives to promote their development. A locality could also advertise second -unit
development opportunities to homeowners on the community's web page, at community and
senior centers, in community newsletters, and in local utility bills, etc. Some local governments
establish and maintain a second -unit specialist in the current planning division to assist in
processing and approving second - units. A local government can also establish flexible zoning
requirements, development standards, processing and fee incentives that facilitate the creation of
second -units (Government Code Section 65852.2(g)). Incentives include reduced parking •
requirements near transit nodes, tandem parking requirements, pre- approved building plans or
design prototypes, prioritized processing, fee waivers, fee deferrals, reduced impact fees, reduced
water and sewer connection fees, setback reductions and streamlined architectural review. For
example, the City of Santa Cruz established pre- approved design prototypes to encourage and
stimulate the development of second - units.
Localities can also monitor the effectiveness of ordinances, programs and policies encouraging the
creation of second -unit development. Some localities monitor implementation of second -unit
strategies through the annual general plan progress report (Government Code Section 65400).
Evaluating the effectiveness of a second -unit ordinance can assist the local government in
determining appropriate measures to improve usefulness and further facilitate the development of
housing affordable to lower- and moderate - income families.
See the second -unit bibliography in the Resources section for additional resources on the
development of second - units.
Can a Locality Have Occupancy Requirements on Second - Units?
Requirements restricting the occupancy of a second -unit may be susceptible to legal challenge. In
a 1984 decision, the Superior Court (Hubbart vs. County of Fresno, Superior Ct. No. 309140 -2,
10/3/84), voided a Fresno County zoning ordinance which required that occupancy of a second -
unit be limited to persons related to the main unit's owner. The Court stated that the ordinance
violated the plaintiff's right to privacy guaranteed by Article I, Section I of the California
Constitution.
•
State7fC(D — (Division of7(oustng Polity Oeve(optnent 7 Jury 2003
In a 2001 decision (Coalition Advocating Legal Housing Options v. City of Santa Monica), a
second -unit ordinance preventing non - dependent adult children or relatives, as well as unrelated
persons while permitting dependents and caregivers, was declared unconstitutional under the right
to privacy and equal protection clause of the California Constitution.
A local ordinance could include income restrictions on the occupancy of a second -unit to ensure
the creation of housing affordable to low - and moderate - income households. A local ordinance
could also require one of the dwellings on the property to be owner - occupied. However, an
ordinance with these restrictions and requirements should be developed in a manner that
encourages the creation of second -units as opposed to restricting the development of second - units.
Does Second -Unit Law Apply to Charter Cities and Counties?
Yes. Charter cities and counties must particularly give way to State general laws such as second -
unit law when there are matters of Statewide concern (Coalition Advocating Legal Housing
Options v. City of Santa Monica (2001) 105 Cal. Rptr. 2d 802), as stated by the Legislature in
Government Code Sections 65580, 65852.150 and 65852.2(i)(2). Further, second -unit law
explicitly applies to "local agencies" which are defined as general law or charter (Government
Code Section 65852.2(i)(2)).
Does Second -Unit Law Apply to Localities in the Coastal Zone?
Yes. The California Coastal Act was enacted to preserve our natural coastal resources for existing
and future Californians. While second -units utilize existing built areas and usually have minimal
environmental impact, the need for second -units should be balanced against the need to preserve
our unique coastal resources. For these reasons, second -unit law shall not supersede, alter or
lessen the effect or application of the California Coastal Act (Division 20 of the Public Resources
Code), except that local governments shall not be required to hold public hearings for coastal
development permit (CDP) applications for second -units (Government Code 65852.20)). As
stated in correspondence, dated January 13, 2003 from the California Coastal Commission to all
coastal communities, local governments in the coastal zone should amend their Local Coastal
Program (LCP) to not require a public hearing in the consideration of second -unit applications.
Further, local appeals should be handled in an administrative manner.
Should a Locality Submit Their Second -Unit Ordinances to HCD?
Yes. Government Code Section 65852.2(h) requires submittal of an ordinance adopted pursuant to
subsection (a) and (c) to the State Department of Housing and Community Development
(Department) within 60 days of adoption. The Department will establish a clearinghouse of local
ordinances to assist local governments in developing effective and meaningful ordinances. The
Department is also available to provide technical assistance in the preparation of • second -unit
ordinances. Local governments are encouraged to send electronic copies of their ordinance to the
•
Department at pmcdouga @hcd.ca.gov.
State no —Dtvnsion of 2cottstng Party (Development 8 Jury 2003
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
B. CHANGES TO GOVERNMENT CODE SECTION 65852.2
Government Code Section 65852.2 was amended by Chapter 1062 (AB 1866) as follows:
Government Code Section 65852.2 (additions or changes in italics /underlined and deletions
indicated by asterisks with substantive changes italicized in parentheses)
65852.2.(a) (1) Any local agency may, by ordinance, provide for the creation of second -units in
single - family and multifamily residential zones. The ordinance may do any' of the following:
* * * ** (A) Designate areas within the jurisdiction of the local agency where second units may be
permitted. The designation of areas may be based on criteria, that may include, but are not limited
to, the adequacy of water and sewer services and the impact of second units on traffic flow.
* * * ** (B) Impose standards on second units that include, but are not limited to, parking, height,
setback, lot coverage, architectural review, * * * ** maximum size of a unit. and standards that
prevent adverse impacts on any real property that is listed in the California Register of Historic
Places.
* * * ** (C) Provide that second units do not exceed the allowable density for the lot upon which
the second unit is located, and that second units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
* * * ** (Provisions to establish a process for the issuance of conditional use permits deleted)
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
(3) When a local azencv receives its first application on or after July 1. 2003. for a permit
pursuant to this subdivision, the application shall be considered ministerially without
discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance
regulating the issuance of variances or special use permits. Nothing in this paragraph may be
construed to require a local Government to adopt or amend an ordinance for the creation of
second units. A local aaencv may charge a fee to reimburse it for costs that it incurs as a result of
amendments to this paragraph enacted during the 2001 -02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that provides for the creation of second
units.
State 2-CCD — (Division of Moustrig Talky Deveropment 9 JuCv 2003
(b) (1) When a local agency which has not adopted an ordinance governing second units in
accordance with subdivision (a) or (c) receives its first application on or after July 1, 1983, for a
* * * ** (conditional use deleted) permit pursuant to this subdivision, the local agency shall accept
the application and approve or disapprove the application ministerially without discretionary
review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision
(a) or (c) within 120 days after receiving. the application. Notwithstanding Section 65901 or
65906, every local agency shall grant a variance or special use * * * ** (conditional use deleted)
permit for the creation of a second unit if the second unit complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single- family or multifamily use.
(C) The lot contains an existing single- family dwelling.
(D) The second unit is either attached to the existing dwelling and located within the living area
of the existing dwelling or detached from the existing dwelling and located on the same lot as the
existing dwelling.
(E) The increased floor area of an attached second unit shall not exceed 30 percent of the
existing living area.
(F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage, architectural review, site plan review,
fees, charges, and other zoning requirements generally applicable to residential construction in the
zone in which the property is located.
(H) Local building code requirements which apply to detached dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage disposal system is being used, if
required.
(2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building
permit or a use permit under this subdivision.
(3) This subdivision establishes the maximum standards that local agencies shall use to evaluate
proposed second units on lots zoned for residential use which contain an existing single- family
dwelling.
No additional standards, other than those provided in this subdivision or subdivision (a), shall be
utilized or imposed, except that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner- occupant.
(4) No changes in zoning ordinances or other ordinances or any changes in the .general plan shall
be required to implement this subdivision. Any local agency may amend its zoning ordinance or
general plan to incorporate the policies, procedures, or other provisions applicable to the creation
of second units if these provisions are consistent with the limitations of this subdivision.
(5) A second unit which conforms to the requirements of this subdivision shall not be considered
to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a
residential use which is consistent with the existing general plan and zoning designations for the
lot. The second units shall not be considered in the application of any local ordinance, policy, or
program to limit residential growth.
(c) No local agency shall adopt an ordinance which totally precludes second units within single-
family or multifamily zoned areas unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and further contains findings that specific
adverse impacts on the public health, safety, and welfare that would result from allowing second
units within single- family and multifamily zoned areas justify adopting the ordinance.
State 71CYD — Dcvuion of.7JCousing (Policy Development 10 7ufy 2003
(d) A local agency may establish minimum and maximum unit size requirements for both
attached and detached second units. No minimum or maximum size for a second unit, or size
based upon a percentage of the existing dwelling, shall be established by ordinance for either
attached or detached dwellings which does not permit at least an efficiency unit to be constructed
in compliance with local development standards.
(e) Parking requirements for second units shall not exceed one parking space per unit or per
bedroom. Additional parking may be required provided that a finding is made that the additional
parking requirements are directly related to the use of the second unit and are consistent with
existing neighborhood standards applicable to existing dwellings. Off- street parking shall be
permitted in setback areas in locations determined by the local agency or through tandem parking,
unless specific findings are made that parking in setback areas or tandem parking is not feasible
based upon specific site or regional topographical or fire and life safety conditions, or that it is not
permitted anywhere else in the jurisdiction.
(f) Fees charged for the construction of second units shall be determined in accordance with
Chapter 5 (commencing with Section 66000).
(g) This section does not limit the authority of local agencies to adopt less restrictive
requirements for the creation of second units.
(h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or
(c) to the Department of Housing and Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "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.
(2) "Local agency" means a city, county, or city and county, whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning -as set forth in Section
65589.5.
(4) "Second 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 is situated. A second unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(j) Nothing in this section shall be construed to supersede or in anv wav alter or lessen the effect
or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code), except that the local government shall not be required to hold public
hearings for coastal development permit applications for second units.
State 7fC (D— (Division of7Couszng(Policy DcveCopment 11 fury 2003 •
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
C. OTHER PERTINENT CODE SECTIONS
Government Code Section 65901
(a) The board of zoning adjustment or zoning administrator shall hear and decide applications for
conditional uses or other permits when the zoning ordinance provides therefore and establishes
criteria for determining those matters, and applications for variances from the terms of the zoning
ordinance. The board of zoning adjustment or the zoning administrator may also exercise any
other powers granted by local ordinance, and may adopt all rules and procedures necessary or
convenient for the conduct of the board's or administrator's business.
(b) In accordance with the requirements for variances specified in Section 65906, the legislative
body of the city or county may, by ordinance, authorize the board of zoning adjustment or zoning
administrator to decide applications for variance from the terms of the zoning ordinance without a
public hearing on the application. That ordinance shall specify the kinds of variances which may
be granted by the board of zoning adjustment or zoning administrator, and the extent of variation
which the board of zoning adjustment or zoning administrator may allow.
Government Code Section 65906
Variances from the terms of the zoning ordinances shall be granted only when, because of special
circumstances applicable to the property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance deprives such property of privileges
enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which
is not otherwise expressly authorized by the zone regulation governing the parcel of property. The
provisions of this section shall not apply to conditional use permits.
CEQA Guidelines: Section 15369 Ministerial
"Ministerial" describes a governmental decision involving little or no personal judgment by the
public official as to the wisdom or manner of carrying out the project. The public official merely
applies the law to the facts as presented but uses no special discretion or judgment in reaching a
decision. A ministerial decision involves only the use of fixed standards or objective
measurements, and the public official cannot use personal, subjective judgment in deciding
State7CCD — LDtvtston 0 Totcy DcveCopntent 12 Jury 2003
whether or how the project should be carried out. Common examples of ministerial permits include
automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the
ordinance requiring the permit limits the public official to determining whether the zoning allows
the structure to be built in the requested location, the structure would meet the strength
requirements in the Uniform Building Code, and the applicant has paid his fee.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section
21080(b)(1), Public Resources Code; Johnson v. State of California, 69 Cal. 2d 782; Day v. City of
Glendale, 51 Cal. App. 3d 817.
Discussion: This definition draws upon earlier judicial definitions of "ministerial" and
discretionary governmental actions and provides examples. Neither term is technically precise.
State 7 — Dtznston of 7foustng Tolley Development 13 duly 2003
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
D. RESOURCES AND CONTACTS
Second -Units Resource List (Arranged alphabetically by title)
Accessory Apartments: Are They A Realistic Alternative for Ageing in Place? -- [London,
UK]: Taylor & Francis Group. Housing Studies - Vol. 16, No. 5, p. 637 -650 (Sept. 10, 2001)
Chapman, Nancy J., Howe, Deborah A (2001)
Abstract: The accessory apartment in North America - defined as the addition of a small, separate
living unit within a detached single - family house - has been advocated as a housing alternative
allowing older people to 'age in place'. Based on a survey of owners of accessory units built in
Seattle, Washington State, that were developed since legalization in 1994 and a literature review,
this research explores the extent to which accessory apartments are benefiting the elderly.
Although only 14 percent of the owners and 11 percent of the tenants in Seattle were over 65, there
is evidence that such apartments serve a higher proportion of older persons over time. Forty-three
percent of the apartments were perceived to be accessible to people with disabilities. Advocates of
older adults are advised to target middle -aged and young -old to encourage the development of
accessory apartments. Age restrictions within zoning ordinances may be counterproductive by
prohibiting their development by owners who have the energy and resources to undertake such a
task.
Accessory Apartments in Single- Family Housing -- New Brunswick, NJ: Center for Urban
Policy Research. Gellen, Martin (1985)- Monograph includes bibliographical references and index.
Introduction - "This book examines accessory apartment conversions as an emerging trend in
American housing. It also assesses their potential as an instrument of local and national housing
policy. As the reproduction cost of housing has increased, consumers have begun to make more
intensive use of existing dwellings. Accessory apartment conversions represent one form of this
response..." (p. xiii)
Accessory Rental Units in the Portland Area: A Guide for Design, Development and
Management /Institute of Portland Metropolitan Studies -- Portland, OR: Portland State University,
School of Urban and Public Affairs. Seltzer, Ethan; Perry, Theodis (1995)
Introduction - "...Since we are long past the era when government could be looked to for the
provision of large numbers of affordable housing units, we need to collectively explore new or
alternative methods that augment the efforts that government bodies will be making. Hence the
purpose for this publication. One of the fastest ways to double the housing supply would be to
allow every single- family house to serve as a duplex. Surely not all homeowners would be
interested. However, for those that are, the rules ought to be clear and the goal of creating an
additional unit achievable."
State JIM — Dzvzston of -fouszng Poficv Development 14 luCy 2003
Accessory Units Resource Guide: The State of the Art -- Los Angeles, CA: Hare Planning &
Design, 1993. National Resource and Policy Center on Housing & Long Term Care (1993)
Full text also available at: http://www.ava.,g
"What are Accessory Units? The term 'accessory unit' is a general term used to refer to separate
units typically created in the surplus space within a single family home. Accessory units include
accessory apartments, accessory cottages, and elder cottage housing opportunity housing." - (p. 2)
Aging and Smart Growth: Building Aging Sensitive Communities /Funders' Network for Smart
Growth and Livable Communities -- Miami, FL: Collins Center for Public Policy (Funders
Network Translation Paper; no. 7). Howe, Debra (2001)
Full text also available at: http.// www. vubl ichealthgrandroznds .Lnrc.edu/urban /aginevaper.pdf
Abstract: This report posits that the sprawling, . automobile- dominated landscape so prevalent
throughout the United States seriously limits the continued mobility and independence of older
people, a reality that is of enormous consequence to the aging experience. In the years ahead, the
growing number of seniors, a result of the aging of baby boomers, stands to overwhelm the system
of care relied on by most seniors— family members, friends, and the social service system. The
report underscores the importance of transforming our communities so that they are aging -
sensitive, making it possible for people to maintain their health and independence even as needs
change. Leadership is needed to support planning processes and implementation efforts that
improve the interface between the aging experience and the built environment. Public education,
training, research, and investment are necessary components of the action agenda that must be put
into place if elders are to be full participants in —and not cut off from —our society in the coming
decades:
Allowing Accessory Apartments: Key Issues for Local Officials / U.S. Dept. of Housing and
Urban Development -- Washington, DC: HUD - Office of Policy Development and Research
(Report no. HUD -PDR -747). Hodges, Samuel J.; Goldman, Ellis G. (1983)
Introduction – "A combination of factors, including smaller households, sharply rising housing
costs, and general economic conditions has led to, a growing interest in the creation of accessory
apartments in single- family homes. Accessory apartments are self - contained dwelling units created
from existing space, including separate kitchen and bath facilities and a separate entrance." (p. 3).
Alternative Housing Arrangements: A Selected Information Guide / U.S. Dept. of Housing
and Urban Development -- Washington, DC: HUD - Office of Policy Development and Research.
Hare, Patrick (1985)
Introduction - "Altemative living arrangements is the collective name for shared housing,
household matching services, accessory apartments, and ECHO housing or granny flats -- a new
name for old ideas with new relevance. As the demographics in the United States change, these
forms of housing can become attractive options for the growing numbers of single persons, small
families, and older persons seeking housing to fit their needs and their budgets..." (p. 1).
A Cottage for Sale: Low -Cost `Granny Flats' Combine Proximity with Privacy. The
Washington Post -118, 330 - Tues. ed., col. 1, p.WH9- Hamilton, M (1996 Oct 31)-
Abstract: "This might offer an opportunity for people to take care of their older relatives without
huge expenses," said George Gaberlavage, a senior analyst in the American Association of Retired
Persons Public Policy Institute. "What if you could put one of these housing units on your land and
it was tastefully done and the community was assured that it's going to be for a relative and not for
State .7 — cD:vtsion of 7 2occry DeveCopment 15 jury 2003
rental purposes? It might be a great way of helping families." [Marlys] Marshall had a unit
installed in her garage that allows her mother and father to live nearby. Her mother became
disabled after falling and breaking a hip in 1991. Marshall's father was able to care for his wife
until last March, when spinal degeneration left him confined to a wheelchair...
E.C.H.O. Housing: A Review of Zoning Issues and Other Considerations -- Washington, DC:
American Association of Retired Persons - Report includes bibliographical references. Hare,
Patrick H.; Hollis, Linda E. (1983)
Introduction - "This booklet represents a review of the technical zoning issues raised by Elder
Cottage Housing Opportunity (ECHO) units, small temporary units placed in side or rear yards to
enable adult children to take care of aging parents..." (p. 4).
Everything's Relative. Builder - Vol. 22, no. 13 - p. 200(1) Weber, C. (1999, October)
Abstract: Planned community development Amelia Park in Amelia Island, FL, combines
conventional land planning and architecture inspired by history. The popularity of the development
reflects in the fact that more than 50% of its units have already been sold. All Amelia Park homes
including the townhouse models have a standard detached rear - loaded garage. However, the
granny flats above are zoned as rental units and can be used for home offices, studios or extra
-
living space.
Great Expectations. Builder - Vol. 23, no. 7 - p. 124 -134 Weber, C. (2000, June)
Abstract: A booming economy and buyers with more sophisticated tastes have compelled the
home building industry to provide innovative plans and design details usually reserved only for
custom houses. Demographic shifts are creating new family situations and a need for niched
products to accommodate those lifestyles. One solution to maintaining household peace is
providing what used to be called a granny flat or in -law suite. Today's updated version of this old -
fashioned idea is a flexible bonus space with a separate entrance that can perform multiple
functions. Most households now have 2 computers, and people from 8 to 80 need home space to
work, surf, and play. In smaller square footages, Internet alcoves are sufficient.
How to Make Housing Affordable: Let People Subdivide Their Homes. U.S. News & World
Report - Vol. 121, no. 26 - p. 51 -(2) Maass, P. (1996, Dec 30)
Abstract: The high cost of housing can drive people to poverty as they pay more than half of their
gross income for a roof over their heads. Zoning laws in many cities should be changed to allow
people to build accessory apartments to lower costs for themselves as well as others and provide a
form of security.
Installations of Accessory Units In Communities Where They Are Legal -- Washington, DC:
Hare Planning & Design. Hare Planning & Design (1990)
Introduction: Accessory units as used here includes both accessory apartments and accessory
cottages. Accessory apartments are complete, separate living units installed in the surplus space in
single family homes. The potential of accessory apartments to provide housing stems from the fact
that the baby boom has been followed by an empty nester boom, or more technically, by
underutilization of single family housing stock.
State J-COD — 'Divtston of .?foustng (Policy Oeoelopment 16 _jury 2003
New Urban and Standard Suburban Subdivisions: Evaluating Psychological and Social
Goals / American Planning Association -- Chicago, IL: APA, 2001. Article includes
bibliographical references. Journal of the American Planning Association - Vol. 67, no.4,
Autumn 2001 (p. 402 -419) Brown, Barbara B.; Cropper, Vivian L. (2001)
"Residents of both subdivisions were interviewed about their sense of community, neighborliness, ,
neighborhood uses, attitudes toward diverse neighborhoods, and support of distinctive New
Urbanist residential design strategies: accessory apartments, reconfigured house /garage siting, and
narrow alleys behind homes." - (p. [1]).
Second Units -- Sacramento, CA: The Dept. - Division of Housing Policy Development. June •
1995 reprint of December 1990 technical assistance paper. California. Dept. of Housing and
Community Development (1995)
"Second units, also referred to as 'in -law apartments', 'granny flats', or 'accessory apartments', may
offer an additional source of affordable housing to homeowner and the community. By promoting
the development of second units, a community may ease a rental housing deficit, enable
homeowners with declining incomes to supplement their incomes, and make more economical use
of land and existing infrastructure." - (Cover).
Second Units: An Emerging Housing Resource — San Francisco, CA: People for Open Space
(POS Housing /Greenbelt Program technical report; no. 2 -E). Report includes bibliographical
references. Verrips, Bert (1983)
Summary: The conversion of existing single- family dwellings to add secondary units is a
potentially effective, environmentally sensitive, and economically feasible response to the Bay
Area's serious housing problem. However, because of resident concerns with the impacts of second
units on existing neighborhoods, the development of such units is either illegal or severely
restricted in most communities. The purpose of this report is to evaluate the costs and benefits of
second units, and consider what regulations might be appropriate to respond to the impacts of
second units while still encouraging their development. -(p. iii).
Secondary Units (Accessory Apartments and ECHO Housing: A Step -by -step Program
Development Guide -- Albany, NY: Rural Aging Services Partnerships (R.A.S.P. Resource
manual; no. 6). Pollak, Patricia B. (1986)
"Installing an accessory apartment in a single- family home can provide an older homeowner with a
source of income. In addition, tenants can often provide assistance with home maintenance and
other chores. The presence of a tenant can also add a sense of security for an older homeowner.
Yet privacy and independence need not be sacrificed. For the community, accessory apartments
• represent an increased supply of small apartments created by more intensively using existing
housing resources. " - (p. 5).
Small Solutions: Second Units as Affordable Housing: The Evaluation of The Double Unit
Opportunity Program -- San Francisco, CA: The Fund. San Francisco Development Fund
(1988)
For many California residents, suitable housing at an affordable level is simply unavailable. One
potential source of affordable rental housing is to use under - utilized space in single- family
neighborhoods to create second units. These small dwelling units, also known as accessory
apartments, in -law apartments, or granny flats, involve no land acquisition costs and minimal new
infrastructure." - (p. 1).
State.7cCv — 'Division of? -louszng'Policy Development 17 yid), 2003
Two -By -Two: A Status Report on Accessory Apartments in the Bay Area -- Chicago, IL:
American Planning Association. Planning - Vol. 54, no. 11 - p. 22 -23 Lawrence, J.; Watson, L.
(1988, November)
"After three years of experience with accessory apartments, or "second units" as they are called in
the Bay Area, the San Francisco Development Fund has concluded that this is an innovation that
works." - (p. 22). .
Your New Neighbor: Mom - Instead of Scattering, More Extended Families are Living in the
Same Town... or on the Same Block: June Fletcher Reports on 'Granny Flats,' In -laws Next Door
and Big Brother Down The Street. Wall Street Journal - (Eastern ed.) Fri. ed., col. 2, W1-
Fletcher. J. (2002, Dec 20)
Abstract: Well, sometimes. At first, Jo Ann and John Wydra were delighted when his sister,
Betty O'Connor, decided to move in next door to their Huntley, 111., home. They even put her up
for a couple of months, until she got settled. But then she started going through their messy closets
and "straightening up" Mrs. Wydra's exuberant cottage -style garden (her own flowers are all lined
up in neat rows). "She's a perfectionist; we're not," says Mrs. Wydra, whose husband is now joking
about putting in an electric fence. All this togetherness is a big change from the years when
generations tended to move farther apart. But with the nation's retired population growing sharply,
more older parents started moving into the same neighborhood as the kids. Now these
multigenerational communities are moving to a new level as more families pull together in slow
times.
Tentative List of Contacts
The Department is in the process of creating a list of organizations and local governments to assist
in the implementation of Chapter 1062. The following list consists of a few local governments that
have adopted second unit ordinance to meet the intent of Chapter 1062, including submittal to the
Department. If you have any suggestions for potential organization or local governments to be
added, please contact Paul Mc Dougall at (916) 322 -7995.
City of Claremont City of Healdsburg City of Livermore
City of Pleasanton Sacramento County Town of San Anselmo
City of Santa Ana City of Santa Rosa City of Santee
City of Saratoga City of Larkspur
•
State NCDD — (Division of Mfousing Policy Deveroprnent 18 1 ul 2003
ATTACHMENT 2
Government Code Section 65583.1
A Portion of State Housing Element Law
State MOD — 1Division of Jrousing Policy Deveropment 20 Jury 2003
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
A. IMPLEMENTATION DISCUSSION FOR GOVERNMENT CODE SECTION 65583.1
Introduction
Chapter 1062, Statutes of 2002 (AB 1866), clarified how second -units can be counted toward the
adequate sites requirements in housing element law.
A housing element must identify adequate sites with zoning and development standards for a
variety of housing types to meet a locality's share of the regional housing need in total and by
income group (Government Code Section 65583(c)(1)). Local governments employ many
techniques to identify adequate sites, including an inventory of vacant and underutilized land with
a variety of zoning and development standards, upzoning, rezoning and mixed -use zoning.
Chapter 1062 clarifies existing law and practice for local government's to identify the realistic
capacity of new second -unit development to meet a portion of the adequate sites requirement.
In essence, local governments may count the realistic potential for new second -units within the
planning period of the element considering the following factors: (1) the number of second units
developed in the prior planning period; (2) an estimate of potential increase due to new policies,
programs and incentives that encourage the development of second - units; and (3) other relevant
factors.
The following is a discussion of the new legislation to assist localities in carrying out the
provisions of Chapter 1062 (AB 1866). For an identification of the text of AB 1866 and changes
to Government Code Section 65583.1, see the second section of this attachment, titled "Changes to
Government Code Section 65583.1 ".
Resources and Incentives
The statute enables existing and proposed policies and programs, including incentives and
regulatory relief, to support a local government's estimate of the realistic capacity of second -unit
development in the planning period as part of the adequate sites requirement. Policies and
programs encouraging the development of second -units can help to achieve realistic capacity of
second -units in the planning period (see Attachment 1 for a discussion of ways to encourage the
development of second - units).
The Need for Second -Units
In considering the need for second - units, a local government should evaluate household
characteristics such as tenure, family type, household sizes, and other factors in relation to the
types of units (i.e., number of bedrooms and minimum unit size requirements) allowed under the
second -unit ordinance.
State? -C"D — (Division of-couszng Policy cDeveropment 21 fury 2003
Other Relevant Factors
To demonstrate the realistic capacity for second -units to fulfill a portion of the adequate sites
requirement, local governments should discuss and analyze other relevant factors that affect the
potential for second -units in the planning period. For example, a housing element should provide
an analysis of the anticipated affordability of second- units. The purpose of this analysis is to
determine the housing need by income group that could be accommodated through second -unit
development. Second -units are not required to be deed restricted for certain income groups.
The anticipated affordability of second -units can be determined in a number of ways. For
example, a community could survey existing second -units for their rents and include other factors
such as square footage, number of bedrooms, amemties, age of the structure and general location.
The survey could be supplemented with analysis that describes the general range of rents and an
estimate of rents for new second -units based on the variables within the survey. Another method
could examine market rates for reasonably comparable rental properties to determine an average
price per square foot in the community. This price can be applied to anticipated sizes for second -
units to estimate the anticipated affordability of second - units.
Another relevant factor that should be analyzed is the impact of development standards in the
second -unit ordinance (e.g. impact on the cost and supply of second - units). An analysis should
address development standards (i.e., heights, setbacks, minimum unit sizes, lot coverage, parking
standards, etc.), what zones allow second - units, architectural review standards, fees and exactions,
any other components of the ordinance potentially impacting or constraining the development of
second - units.
Finally, a community should analyze the extent to which physical and environmental constraints
and infrastructure capacity influence its ability to accommodate the proposed capacity for second -
units in the planning period.
Tracking Second Units
A community should track second -unit construction to monitor the effectiveness of their efforts to
promote second -units and to facilitate the next housing element update. The first step in tracking
second -units is to ensure that second -units are being counted as they are constructed. Most
localities would count second -units as part of normal functions for building permit data. In any
case, a locality should have some function that records. the number of second -units built and an
estimate of affordability at the time of occupancy, where feasible. Consistently maintained records
will reveal trends in second -unit construction that may support a locality's efforts to count realistic
capacity for second -units or may identify limitations that should be addressed to better promote
additional second unit development.
In addition, a locality could annually summarize the number of second -units built; by which
income group they are estimated to be affordable, as part of the annual general plan progress report
(Government Code Section 65400). An annual summary will ensure a complete record and
facilitate future updates of the housing element.
State 9 — cDtziszon of .7(oustng Policy Development 22 lzil 2003
Chapter 1062, Statutes of 2002
(Assembly Bill 1866)
B. CHANGES TO GOVERNMENT CODE SECTION 65583.1
Government Code Section 65583.1 was amended by Chapter 1062 (AB 1866) as follows
(additions or changes in italics /underlined and deletions indicated by asterisks):
65583.1. (a) The Department of Housing and Community Development, in evaluating a proposed
or adopted housing element for compliance with state law, may allow a city or county to identify
adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not
limited to, redesignation of property to a more intense land use category and increasing the density
allowed within one or more categories. The department may also allow a city or county to identify
sites for second units based on the number of second units developed in the prior housing element
plannin,z period whether or not the units are permitted by right, the need for these units in the
community, the resources or incentives available for their development, and any other relevant
factors, as determined by the department. Nothing in this section reduces the responsibility of a
city or county to identify, by income category, the total number of sites for residential development
as required by this article.
(b) Omitted — Chapter 1062 did not have changes to this subsection
Any city, city and county, or county using this subdivision shall address the progress in meeting
this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.
(c) Omitted — Chapter 1062 did not have major changes to this subsection, only minor clean up
State 71CD — avuion of gfounng Policy Development 23 quay 2003
Zoning Text Amendment 03 -3
Second Residential Units
Planning Commission Staff Report
December 3, 2003
ATTACHMENT 3
SURVEY OF CITIES REGARDING OWNER
OCCUPANCY AND /OR DEED RESTRICTION
PROVISIONS
•
ZTA 03 -3 PC Staff Report.Second Residential Units 26
Question: Does your 2nd Unit Ordinance require an owner to occupy one of the units on the lot,
and does the Ordinance require a deed restriction to enforce this requirement's
Owner occupancy Deed restriction
City /County requirement? requirement? Comments
Albany Yes Yes
Bell Gardens Yes Undecided Pending
Berkeley Yes Yes _
Beverly Hills No , No
Brentwood Yes Yes
Buena Park Yes Yes
Carmel No
Chula Vista No
Costa Mesa Yes Yes •
Dana Point: 2nd unit restricted
to 1 adult; 2 seniors; must be
Dana Point No available to low income persons
Davis No No
Del Mar No No
El Cajon Yes Yes All conditions are recorded
Foster City Yes Yes Pending
Fremont Yes Yes -
Goleta Yes Yes Pending
Hanford Yes Yes
Haywood Yes No
La Canada
Flintridge ' Yes Yes
Lafayette Yes Yes
Lakeport No
Livermore No
Lomita Yes Yes
Los Altos Yes Yes
Madera County Yes Yes
Modesto Yes No
Montebello Yes Yes
Monterey Park Yes Yes
Morgan Hill No
Oakdale Yes Yes _
Orinda Yes Yes
Pacific Grove Yes Yes
Pacifica Yes Yes
Pismo Beach No No
Redding Yes Yes Pending
Redondo Beach Yes Yes
Redondo Beach: No more than
Redwood City Yes, No one of the units may be rented
Riverbank Yes Yes
Sacramento Yes No
San Bernardino No No
San Marcos Yes Yes
San Mateo Yes ,
San Mateo:Prohibits occupancy
of more than 1 unit unless owner
San Rafael Yes Yes lives in 1 of the units
Santa Cruz Yes - Yes
Santa Cruz
County Yes Yes
Santa Rosa Yes Yes
Saratoga No
Saratoga: Size bonus if deed
Scotts Valley No No restricted for low income rental '
Sebastopol No No
Solvang Yes Yes -
Sonoma (City) Yes No
Yes at time of
Sonoma County application No -
South Pasadena Yes Yes ,
Southgate Yes Yes
St. Helena Yes No Pending
Susanville Yes Yes
Tiburon Yes No
Turlock Yes - Yes
Turlock Yes Yes
Vallejo Yes Yes
Watsonville No
Westminster Yes Yes
Winters Yes Yes Pending
Yorba Linda Yes Yes
Yuba City Yes No