Agenda packet — Seal Beach City Council, August 14, 2023 (part 2 of 2)

In November 2022, the City solicited bids for a clubhouse renovation, and on December 14, 2022, the City Clerk’s office received three bids. The lowest responsive bidder was approximately 40 percent higher than the engineer’s estimate, and it was determined this discrepancy was likely caused by extreme inflation, supply chain issues and low bidder participation. At the January 23, 2023 City Council meeting, the Council rejected all bids and directed staff to re-advertise the project after reconsidering the project scope.

In accordance with the Council direction, the Project’s final design was based on the concept of meeting the functionality of a community gathering space, providing locker room amenities, and optimizing the use of City funds. The design features included:
• Locker rooms with modern amenities including showers, restrooms, dayuse lockers, and changing space. • Open concept multi-purpose room that would be equipped to host community events or serve as a private rental space.
• A kitchen to serve daily Tennis and Pickleball Center users and/or a warming/catering area for events.
• A glazing system that opens the clubhouse, connecting the outdoor and indoor space, thereby increasing functionality.
• Staff workspace combined with an appropriately sized pro shop. • Energy-efficient mechanical, electrical, and plumbing equipment.

The concept design also includes the following site upgrades:
• New LED lighting to selected courts to provide enhanced lighting directionality and visibility with the benefits of energy efficiency and lower overall maintenance costs.
• Demolition of the existing locker room that would create additional open space for the Tennis and Pickleball Center.

On May 22, 2023, construction bids were solicited. On June 22, 2023, the City Clerk’s office received five (5) bids with the following results:

Rank Contractor Total Base Bid*
Low OrangeBlue General Contractors $1,956,500.00
2 R Dependable Construction, Inc. $2,240,600.00
3 Legion Contractors, Inc. $2,453,100.00
4 Tovey/Shultz Construction, Inc. $2,671,167.00
5 D.F. Perez Construction, Inc. $2,729,535.07
* Bid proposal stated amount
On June 27, 2023, R Dependable Construction, Inc. (“Dependable”) submitted a bid protest alleging that the bid submitted by the apparent low bidder, OrangeBlue General Contractors (“OrangeBlue”), contained line item errors, failed to list required subcontractors, and did not confirm possession of all required workers compensation insurance. OrangeBlue responded to the bid protest by letters dated

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July 20, 2023 and July 24, 2023, respectively, in which OrangeBlue provided clarifying information concerning the omission of certain subcontractors.

OrangeBlue also acknowledged certain line item errors, but confirmed that the total base bid of $1,956,500 is, in fact, correct.

Staff also reviewed the State Contractor Licensing Board website and confirmed that OrangeBlue has workers’ compensation insurance and that subcontractor Millennium submitted documentation to the State establishing its exemption from workers’ compensation insurance. As part of execution of the Agreement, the City will require submittal of proof that OrangeBlue possesses all required insurance.

Based on a detailed bid analysis, including review of the Instructions to Bidders governing interpretation of bids, the OrangeBlue bid protest response, and consultation with the City Attorney, it is staff’s recommendation that the City Council find that there are no material errors or omissions that render OrangeBlue’s bid non-responsive. Any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of OrangeBlue’s bid; (b) give OrangeBlue an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council may find that it would be in the best interests of the City to accept OrangeBlue’s bid as the lowest responsive bid for the Project.

The project had requested the bidder to included Item A1.1 – Bid Stipulated Allowance of $40,000. While a hazardous materials survey was conducted, this allowance would provide for unforeseen abatement work during demolition. This is separate from the general course of construction contingency, The project also requested pricing for optional additive and deductive bid items for work the City may elect after the bid opening. Nevertheless, the determination of the lowest bid was based on the “Total Base Bid” amount, which excludes any optional bid items. Staff has evaluated the lowest Total Base Bid, selected additive and deductive bid item pricing and found the costs in line with the engineer’s estimate and competitive with industry standards. Staff, therefore, recommends including the following additive and deductive bid items in the award for a total of $79,000:

1. AB.1 – Furnish and install new below grade electrical conduit to Courts #7 and #8.

2. AB.2 – Furnish and install new electrical conduit and concrete trenching and repair to Courts #7 and #8.

3. DB.1 – New bi-folding doors and frames in lieu of sliding glass doors along the Clubhouse’s easterly side.

Based upon the references, qualifications, work experience, and cost, staff recommends deeming OrangeBlue as the lowest responsible bidder at $1,956,500 Total Base Bid ($2,075,500 Total Bid), rejecting the bid protest and waiving all bid irregularities; awarding the Tennis and Pickleball Center Improvement Project to

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OrangeBlue; and rejecting all other bids. The project plans are available in the City Engineer’s office.

Due to the facility’s age, staff recommends authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000 in the cumulative, not-to-exceed amount of $210,000.

ENVIRONMENTAL IMPACT:

This Project complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsections (a), (b), and (e).

LEGAL ANALYSIS:

The City Attorney has reviewed the agreement and approved the resolution as to form.

FINANCIAL IMPACT:

Sufficient funds have been allocated in the FY 2023-2024 Capital Improvement Program budget for the Tennis and Pickleball Center Improvement Project, CIP BG2105. No budget adjustments are recommended.

The table below presents the estimated breakdown of the Project’s construction cost:

Description Amount
Total Base Bid $ 1,956,500
Item A1.1 Bid Stipulated Allowance $ 40,000
Additive/Deductive Items $ 79,000
Contingency $ 140,000
Inspection/Construction Support $ 70,000
Total $ 2,285,500
Any unspent funds remaining from this project will be returned to the original funding source upon completion.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

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RECOMMENDATION:

That the City Council adopt Resolution 7437:

1. Approving the plans, specifications, and contract documents for the Tennis and Pickleball Center Improvement Project, CIP BG2105; and,

2. Approving and awarding a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors in the amount of $2,075,500, including the Total Base Bid of $1,956,500, Item A1.1 Bid Stipulated Allowance, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejecting the bid protest; waiving any and all minor bid irregularities; and rejecting all other bids; and,

3. Authorizing the City Manager to execute a public works agreement for construction services to Asad Holdings LLC dba OrangeBlue General Contractors; and,

4. Authorizing the City Manager to approve additional work requests up to $140,000 and inspection services up to $70,000, in connection with the Project, in the cumulative not-to-exceed amount of $210,000.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager ATTACHMENTS:

A. Resolution 7437
B. Agreement with Asad Holdings LLC dba OrangeBlue General Contractors
C. R Dependable Construction, Inc. Bid Protest, dated June 27, 2023 D. OrangeBlue General Contractor Response Letter, dated July 20, 2023 Re: Clarification on BG2105 Bid Item Discrepancies
E. OrangeBlue General Contractor Response Letter, dated July 24, 2023, Re: CIP No. BG2105 Bid Protest
RESOLUTION 7437

A RESOLUTION OF THE SEAL BEACH CITY COUNCIL

AWARDING AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PUBLIC WORKS AGREEMENT WITH ASAD

HOLDINGS LLC DBA ORANGEBLUE GENERAL

CONTRACTORS FOR THE TENNIS AND PICKLEBALL CENTER
IMPROVEMENT PROJECT, CIP BG2105
WHEREAS, the City has budgeted the Tennis and Pickleball Center Improvement Project, BG2105, (“Project”) in the Capital Improvement Program to provide effective use of the Tennis and Pickleball Center facility space for community end users; and,
WHEREAS, in November 2022, the City solicited bids for the Project, and on December 14, 2022, the City Clerk’s office received three bids, but because the lowest responsive bidder was approximately 40 percent higher than the Engineer’s Estimate, on January 23, 2023 the City Council rejected all bids and directed staff to re-advertise the Project after reconsidering the project scope; and, WHEREAS, following redesign of the Project, on May 22, 2023, the City issued a new solicitation for bids for the Project; and,
WHEREAS, the Notice Inviting Bids requested pricing for the “Total Base Bid” and pricing for optional additive and deductive bid items for work the City may request after bid opening, provided that the additive and deductive items plus the “Total Base Bid” amount would equal to the “Total Bid” amount, and provided that the bid will be awarded based on the lowest responsible Total Base Bid; and, WHEREAS, on June 22, 2023, the City Clerk’s office received five (5) bids in response to the solicitation for bids. Asad Holdings LLC dba OrangeBlue General Contractors (“OrangeBlue”) submitted the apparent lowest responsible bid in the amount of $1,956,500. R Dependable Construction, Inc. (“Dependable”) submitted the apparent second lowest responsible bid at $2,240,600.00; and, WHEREAS, the City elects to include selected additive and deductive bid items in the amount of $79,000 for a Total Bid amount of $2,075,500; and, WHEREAS, on June 27, 2023, Dependable submitted a bid protest to the City alleging that the bid submitted by the apparent low bidder, OrangeBlue, contained line item errors, failed to list required subcontractors, and did not confirm possession of all required workers compensation insurance; and, WHEREAS, by letters dated July 20, 2023 and July 24, 2023, respectively, OrangeBlue responded to Dependable’s bid protest dated June 27, 2023, in which OrangeBlue provided clarifying information concerning the omission of certain subcontractors. OrangeBlue also acknowledged certain line item errors, but confirmed that the total base bid of $1,956,500 is, in fact, correct; and, WHEREAS, the State Contractor Licensing Board website reflects that OrangeBlue has workers’ compensation insurance and subcontractor Millennium submitted an exemption from workers’ compensation insurance; and as part of execution of the Agreement, the City will require submittal of proof of insurance from OrangeBlue for all required insurance in accordance with the contract documents; and,
WHEREAS, based on the City’s detailed bid analysis, including review of the Instructions to Bidders governing interpretation of bids, the OrangeBlue bid protest response, and consultation with the City Attorney’s office, the City Council hereby finds that there are no material errors or omissions that render OrangeBlue’s bid non-responsive; and none of the errors in the Bid affect the Total Base Bid of $1,956,500. Further, any irregularity or informality in the bid may be waived if it does not: (a) affect the amount of OrangeBlue’s bid; (b) give OrangeBlue an advantage over other bidders; (c) create a potential vehicle for favoritism; (d) influence potential bidders to refrain from bidding; or (e) affect the ability to make bid comparisons. Because none of these factors are present, the City Council finds that it is in the best interests of the City to accept OrangeBlue’s bid as the lowest responsive bid for the Project, and to reject the bid protest, waive any potential irregularities or informalities in OrangeBlue’s bid, and reject all other bids; and, WHEREAS, upon reviewing the Notice Inviting Bids and Instructions to Bidders, the bids submitted for the work to be performed pursuant to the Agreement and the plans and specifications, the City Council finds that OrangeBlue is a qualified firm to perform the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:

SECTION 1. The City Council hereby approves the plans, specifications, and contract documents for the Project.

SECTION 2. Based on the recitals set forth above, the City Council hereby awards a public works agreement to Asad Holdings LLC dba OrangeBlue General Contractors for the Project in the not-to-exceed amount of $2,075,500, including the Total Base Bid of $1,956,500, Additive Bid Items AB.1 and AB.2, and Deductive Bid Item DB.1; rejects the bid protest; waives any and all minor bid irregularities, and rejects all other bids.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the public works agreement on behalf of the City.

SECTION 4. The City Council hereby authorizes the City Manager to approve payments for additional work requests in connection with the Project in the cumulative not-to-exceed amount of $140,000.

SECTION 5. The City Council hereby authorizes the City Manager to approve payments for inspection and testing in connection with the Project in the cumulative not-to-exceed amount of $70,000.

PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7437 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023.

Gloria D. Harper, City Clerk

PUBLIC WORKS AGREEMENT

TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT
PROJECT CIP NO. BG2105
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Asad Holdings LLC dba OrangeBlue General Contractors
27071 Cabot Road, Suite 108
Laguna Hills, CA 92653
(949) 317-5700
THIS CONTRACT (“Contract”) is made as of August 14, 2023, by and between the City of Seal Beach, a California charter city (“City”), and Asad Holdings LLC dba OrangeBlue General Contractors, a limited liability company (“Contractor”) (collectively, “the parties” and individually, a “party”).

RECITALS
A. WHEREAS, the City Council of the City of Seal Beach (“City”) approved the plans and specifications for the Tennis and Pickleball Center Improvement Project (CIP BG2105) (“Project”) with respect to design criteria, and based thereon the City issued a Notice Inviting Bids dated May 22, 2023; and B. WHEREAS, Contractor submitted a Bid to City for the Project dated June 22, 2023 in the amount of $2,075,500 (“Bid” hereinafter) in response to the Notice Inviting Bids; and
C. WHEREAS, Contractor is a California licensed B Contractor (State Contractor's license number (License #1074946), DIR #1000994213; and D. WHEREAS, pursuant to the authority provided by its City Charter and Seal Beach Municipal Code, City desires to engage Contractor to carry out the Project in the manner set forth herein and more fully described in Section 1.0.

NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

CONTRACT

1. Contractor’s Services.

1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Contract, Contractor shall perform and complete in good and workmanlike manner all work (“Work”) for the Project identified as Tennis and Pickleball Center Improvement Project (CIP BG2105) (“Project”) as described in this Contract and in the Contract Documents listed in Subsection 1.2.

1.2 Contract Documents. The Contract Documents consist of this Contract and all the following: Notice Inviting Bids, Instructions to Bidders, Accepted Bid Proposal and Bid Sheets, Notification of Award, Noncollusion Declaration, Designation of Subcontractors, Contractor’s Industrial Safety Record, Contractor’s Technical Ability and Experience References, Resumes, Bidder Questionnaire, Bid Bond, Faithful Performance Bond, Payment Bond (Labor and Materials), permits from regulatory agencies with jurisdiction, Special Provisions, Specifications, General Provisions, Plans, Standard Plans, Reference Documents, and any other documents referenced therein, all Addenda as prepared prior to the date of Bid opening setting forth any modifications or interpretations of any of said documents, Change Orders, and any and all supplemental agreements executed amending or extending the Work contemplated and that may be required to complete the Work in a substantial and acceptable manner; and all Exhibits attached to this Contract. The Exhibits attached to this Contract include the Performance Bond (Exhibit A), Payment Bond (Labor and Materials) (Exhibit B), Workers’ Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Acknowledgment of Labor Law Requirements (Exhibit F), and Accepted Bid Proposal with Bid Sheets (Exhibit G). All Contract Documents are hereby incorporated into this Contract.

1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefor, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

1.4 In the event of any material discrepancy between the express provisions of this Contract and the provisions of the other Contract Documents, the provisions of this Contract shall prevail.

2. Effective Date. This Contract is effective as of August 14, 2023 (the “Effective Date”), and shall remain in full force and effect until Contractor has rendered the services required by this Contract and a Notice of Completion has been filed with the Orange County Recorder, unless sooner terminated or extended pursuant to this Contract.

3. Contractor’s Compensation.

3.1 Payment. For performing and completing the Work in accordance with the Contract Documents, City shall pay Contractor, in accordance with the Bid Proposal as full compensation therefor, but in no event will City pay more than the total not-to-exceed amount of $2,075,500 (Two Million Seventy-Five Thousand Five Hundred dollars and 00/100), subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all Work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the Work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the Work as specified in the Contract Documents. City shall make payments to Contractor on account of the Contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

3.2 Additional Work. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council, subject to the not-to-exceed amount set forth in Section 3.1. Payment for additional work in excess of this amount requires prior City Council authorization.

4. Contractor’s Personnel.

4.1 All Work shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits (i.e.

Building Permit: SEALB-BEMP2022-1017), and licenses required by the Seal Beach Municipal Code and other state and local laws and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code.

4.2 Contractor shall be responsible for payment of all employees’ wages and benefits, and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees.

4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s alleged violations of personnel practices.

4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Contract. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Contract, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the Work performed pursuant to this Contract.

4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 4.

5. Indemnification.

5.1 Contractor’s Duty. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, indemnify, and hold the City and its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop notices, liens, liabilities and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals and all costs associated therewith and the payment of all consequential damages (collectively, “Liabilities”), in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, the acts or omissions of Contractor, its officers, agents, attorneys, servants, employees, Subcontractors, materialmen, contractors, or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability)in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5 of the Specifications.

5.2 Taxes and Workers’ Compensation. Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. Contractor shall fully comply with the Workers’ Compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold the City harmless from any failure of Contractor to comply with applicable Workers’ Compensation laws. City may offset against the amount of any fees due to Contractor under the Contract any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5.2.

5.3 Bid Protests. In addition to all other obligations set forth in this Section 5, Contractor shall reimburse the City for all attorneys’ fees and costs incurred by City in connection with, arising out of or incident to any Bid protest.

5.4 Civil Code Exception. Nothing in this Section 5 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

5.5 Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 5, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

5.6 Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

5.7 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.

5.8 Subcontractor Indemnity Agreements. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of the Contract. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the Parties.

5.9 Survival. The provisions of this Section 5 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

6. Insurance.

6.1 Liability Insurance. Contractor shall at all times during the term of this Contract carry, maintain and keep in full force and effect the insurance referenced in this Section 6. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference:

6.1.1 Exhibit D-1: Additional Insured Endorsement -
Commercial General Liability.

6.1.2 Exhibit D-2: Additional Insured Endorsement -
Automobile Liability.

6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as:

6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured—Owners, Lessees or Contactors (Form B).

6.2.4 Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

6.2.5 Professional Liability (or Errors and Omissions) Liability, with minimum limits of $1,000,000 per claim/aggregate. If a “claims made” policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. Subject to the City’s prior written approval, if the Contractor provides traffic control plan services by use of a subcontractor, the Contractor may satisfy this professional liability insurance requirement by requiring its subcontractor to provide professional liability insurance that complies with all requirements of this Section and Agreement.

6.2.6 Builder’s Risk (or Course of Construction) Insurance.

Contractor to maintain with minimum limits of $50,000,000 per claim/aggregate.

Coverage to including new projects at new locations, for All Risks coverage excluding Flood and Earthquake Shock.

6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than:

6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Contract or the general limit shall be twice the required occurrence limit.

6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage.

6.3.3 Employer’s Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease; and Workers’ Compensation Insurance in the amount required by law.

6.4 Additional Insureds. City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to Contractor or City.

6.5 Replacement Insurance. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by the Contract during the term of the Contract. Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. This shall be in addition to all other legal options available to City to enforce the insurance requirements.

6.6 Certificates of Insurance with Original Endorsements. Contractor shall submit to City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. Endorsements must be executed on City’s forms titled “Additional Insured Endorsement,” copies of which are attached as exhibits to this Contract, or on any other form that contains substantially the same terms and is approved by City’s Risk Manager. The endorsements must specifically name the City of Seal Beach and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies at any time.

6.7 Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self-insured retentions except with respect to any professional liability insurance.

6.8 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.8.1 For any claims related to this Contract, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, volunteers and those City agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, volunteers or those City agents serving as independent contractors in the role of City officials shall be excess of Contractor’s insurance and shall not contribute with it.

6.8.2 Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6.8.3 Each insurance policy required by this Section 6 shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 calendar days prior written notice by first class mail has been given to City.

6.8.4 Each insurance policy required by this Section 6 shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City or agency officials. By executing this Agreement, Contractor waives all rights of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials.

6.9 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIIl unless waived in writing by City’s Risk Manager.

6.10 No Limitation on Indemnity. The insurance provisions shall not be construed to limit Contractor’s indemnity obligations contained in this Contract or any other Contract Documents.

6.11 Insurance Requirements not Limiting. If Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 6, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract.

6.12 Subcontractors. Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of the Contract including this Section 6.

7. Liquidated Damages. Should the Contractor fail to complete the Project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate of $500.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the Project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor’s Surety.

Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages.

8. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor’s Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Contract.

9. Notices. Any notices, bills, invoices, or reports authorized or required by this Contract shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City’s regular business hours or by facsimile before or during Contractor’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Contract, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows:

If to City: City Clerk
City of Seal Beach
211-8th Street
Seal Beach, California 90740
Telephone: (562) 431-2527
Fax: (562) 493-9857
With a copy to:

Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Asad Holdings LLC dba OrangeBlue General Contractors
27071 Cabot Road, Suite 108
Laguna Hills, CA 92653
Telephone: (949) 317-5700
Attn: Arman Tehrani

10. Non-Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Contract or the performance of any of Contractor’s obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect.

11. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services.

12. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Contract shall not be a waiver of any other condition of performance under this Contract. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

13. Attorneys’ Fees. In the event that either party to this Contract shall commence any legal action or proceeding to enforce or interpret the provisions of this Contract, each party shall be responsible for their own attorneys’ fees.

14. Construction. The validity, interpretation, and performance of this Contract shall be controlled by and construed under the laws of the State of California, with venue in Orange County, California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Contract shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract or who drafted that portion of the Contract.

15. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

16. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply, and Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to those set forth in Exhibits E and F, attached hereto.

17. Claim Dispute Resolution.

17.1 In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be characterized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

17.2 All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

18. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

19. Prohibited Interests; Conflict of Interest

19.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Work, or which would conflict in any manner with the performance of the Work under this Agreement.

Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Work. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained.

19.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift.

19.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.

20. Entire Agreement. This Contract, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Contract supersedes all prior oral or written negotiations, representations, or agreements. This Contract may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Contract.

21. Severability. The invalidity in whole or in part of any provisions of this Contract shall not void or affect the validity of the other provisions of this Contract.

22. Titles and Headings. The titles and headings used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

23. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

24. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Contract as of the date first written above.

CITY OF SEAL BEACH CONTRACTOR: Asad Holdings LLC dba
OrangeBlue General Contractors
By: ___________________________ By: ____________________________ Jill R. Ingram, City Manager
Name: __________________________
Attest:

Title: __________________________
By: ___________________________
Gloria D. Harper, City Clerk By: ____________________________

Approved as to Form: Name: __________________________

Title: __________________________
By: ___________________________ (Please note, two signatures required for Nicholas Ghirelli, City Attorney corporations pursuant to California Corporations Code Section 313.

Arman Tehrani
Managing Member
Corporate Advisor
Siamak Tehrani

EXHIBIT A

FAITHFUL PERFORMANCE BOND
16 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of

Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
17 IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
18 EXHIBIT B

PAYMENT BOND (LABOR AND MATERIALS)
19 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Seal Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

TENNIS AND PICKLEBALL CENTER IMPROVEMENT PROJECT (CIP BG2105) (Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 20 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)

“Surety”
By:

Its
By:

CERTIFICATE OF INSURANCE
WHEREAS, the City of Seal Beach (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Seal Beach
City Hall
211 8th Street
Seal Beach, California 90740
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By: Its Authorized Representative
23 EXHIBIT D-1

ADDITIONAL INSURED ENDORSEMENT

COMMERCIAL GENERAL LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] 24 ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials, are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to City, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.
25 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
□ General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___
26 Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
27 EXHIBIT D-2

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
[INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] 28 ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 29 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 8th Street
Seal Beach, CA 90740

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
30 EXHIBIT D-3

ADDITIONAL INSURED ENDORSEMENT
[INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY, IF REQUIRED]
31 ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY
Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Seal Beach (“City”), its elected officials, officers, attorneys, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company’s liability.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with 32 regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to City at:

City Manager
City of Seal Beach
City Hall
211 Eighth Street
Seal Beach, California 90740

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.
33 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20___

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
34 EXHIBIT E

ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING

CONTRACTOR LICENSING LAWS
35 ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING THE

CONTRACTORS' LICENSING LAWS
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below (required at time of award):

Business & Professions Code § 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases:

(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.

(b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure.

(d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.

(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void.

(f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect.

(g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.
36 Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state.

The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement.

Failure of the Bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the security of the Bidder.

License No.:________________ Class:___________________ Expiration Date:_________________ Date:__________________
1074946 A -B 04/31/2025
7/31/2023
Type text here
37 EXHIBIT F

AGREEMENT TO COMPLY WITH LABOR LAW REQUIREMENTS
38 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code §§ 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with a[l applicable provisions of California law, including but not limited to the following:

1. Contractor acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“Agency”) and agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the Work to the extent required by law.

3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Contract by Contractor or by any subcontractor.

4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
Date ___________________ Signature _______________________________________ 7/31/2023 ___________ PR-1

EXHIBIT G

BID PROPOSAL AND BID SHEETS

27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org [email protected] 949-317-5700 Lic#1074946 July 20th, 2023
To: Mr. Benjamin Torres
Construction Manager III
Anser Advisory
Re: Clarification on BG2105 Bid Item Discrepancies
Mr. Torres,
Thank you for conducting the pre-award meeting. This letter serves as clarification for the items that were brought forward, and confirmation of our position with respect to the bid.

Base Bid Line-Item Discrepancies/Clarification:

Item 5, 6, 18, 20, 21, 22, 23, 33: We confirm that the extended price for these line items is correct and stands. Due to clerical error during data entry, the same figure was entered as unit price number. This error does not affect the base bid price. For clarity, below is the unit price for the line items in question:

Item Quantity Unit Price Item Quantity Unit Price
5 60 $150 21 4 $2500
6 1200 $26.66 22 3 $5,333.33
18 400 $87.50 23 4 $4000
20 8 $3,125 33 3 $2500
Item 35 and 36: The costs of "Mechanical” and “Electrical” work were entered incorrectly. The correct entry should have been $247,000 and $200,000, respectively. This error was solely a data entry error; we used the correct figure while calculating the total project cost and, therefore, there is no change triggered in the base bid price because of this error.

Item AI.1: We confirm that the extended price should have reflected the prefilled unit price and total allowance price of forty thousand, written in words. This was a data entry error and did not have any effect on the total allowance price.

Item AB.1 and AB.2: We confirm that, while the aggregate price is correct, however, the allocation between the 2-line items should be modified as $67,000 and $14,000, respectively. 27071 Cabot Rd, Ste 108, Laguna Hills CA 92653 www.orangeblue.org [email protected] 949-317-5700 Lic#1074946 Item DB1-3: The figure entered in this section reflects the net deduction to the corresponding line items. If the option is triggered: the cost for:

1. The extended price for Line Item 22 (with bifold option) will be $14,000.

2. The extended price for Line Item 23 will be lowered adjusted down to $14,000.

3. Line Item 12 will be reduced by $2,000, reflecting the total price of $90,000.

We hereby confirm that the base bid price of One Million Nine Hundred Fifty-Six Thousand and Five Hundred Dollars stands.

Please feel free to contact me directly if there are any questions or concerns.

Arman Tehrani
Quality Assurance Manager
OrangeBlue General Contractors, LLC
(949)317-4870
[email protected]

Base Bid Line-Item Discrepancies/Clarification:

1. The extended price for Line Item 22 (with bifold option) will be $14,000.

2. The extended price for Line Item 23 will be lowered adjusted down to $14,000.

3. Line Item 12 will be reduced by $2,000, reflecting the total price of $90,000.

We hereby confirm that the base bid price of One Million Nine Hundred Fifty-Six Thousand and Five Hundred Dollars stands.

Please feel free to contact me directly if there are any questions or concerns.

Arman Tehrani
Quality Assurance Manager
OrangeBlue General Contractors, LLC
(949)317-4870
[email protected]
July 24th, 2023
To: City of Seal Beach Public Works
211 8th St, Seal Beach, CA 90740
Re: CIP No. BG2105- Bid Protest
To whom it may concern,
We are in receipt of the bid protest letter sent by R DEPENDABLE CONSTRUCTION INC, dated June 27th, 2023, regarding the aforementioned project, and hereby respond as follows:
• Subcontractor designation form “listing and vagueness": We did not identify any work within the project scope that required the listing of a C -16 contractor. The C20 HVAC contractor was procured through Millenium. The C20 contractor is Air Plus HVAC, License # 954505 and DIR#1000034877.

The allocated % of work for demolition is approximately 10%, General Building and HVAC work is around 45%, and plumbing and electrical work each is around 10% of the total contract. While we acknowledge that the subcontractor designation form contains clerical errors/omissions, these errors are immaterial in nature and do not impact the bid submitted or the bids of the other participants.
• Bidder’s Technical Ability and Experience: The onus of determination and qualification of the contractor remains with the project owner, their representatives, and the bonding company and therefore does not warrant a response from us.
• Insurance and legal compliance: As a prime contractor, we confirm that we carry worker's compensation insurance and comply with all insurance requirements as stated in the project documents.

We trust that you will find this response satisfactory. Should you have any questions or concerns, please do not hesitate to contact the undersigned.

Respectfully,
Arman Tehrani
Quality Assurance Manager
944-317-5700 Ext. 102
[email protected]
Agenda Item K

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Iris Lee, Director of Public Works
SUBJECT: Awarding and Authorizing Execution of a Professional Maintenance Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting for
Sidewalk Assessment and Trip Hazard Removal Services
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council adopt Resolution 7438:

1. Awarding a Professional Maintenance Services Agreement to Southern California Precisions, Inc. dba Precision Concrete Cutting for Sidewalk Assessment and Trip Hazard Removal Services in a not-to-exceed amount of $125,000; and,

2. Authorizing and directing the City Manager to execute the Agreement.

BACKGROUND AND ANALYSIS:

Sidewalks develop unevenness over time due to pavement expansion and contraction, underlying soil conditions, trees, landscaping, and other deterioration reasons. The City routinely conducts inspection and maintenance of these public sidewalks, note deficiencies, and systematically make repairs.

On January 1, 2019, and again on February 15, 2023, the California Joint Powers Insurance Authority (“CJPIA”) entered into a Master Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting to provide CJPIA members access to professional sidewalk inspection and maintenance services. This agreement has an established set of services and related costs to ultimately facilitate trip hazard removals. The City is a CJPIA member.

City of Seal Beach Municipal Code Section 3.20.025(D) provides an exemption from the City’s competitive bidding requirements for purchases made in cooperation with state, county, or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications.

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On August 15, 2022, City entered into a Professional Maintenance Services Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting (“Precision”) leveraging CJPIA’s Master Service Agreement to pilot a sidewalk assessment and trip hazard removal program. On December 12, 2022, City Council adopted Resolution 7350 approving Amendment No. 1 for additional services. The work completed by Precision thus far, referred to as Phase 1, has generated a detailed inspection database of the surveyed area and addressed critical trip hazard locations.

With the successful Phase 1 completion, staff solicited a cost proposal for Phase

2. Precision provided a cost proposal in the amount of $125,000 to address the remaining locations where trip hazard removal can be achieved using horizontal saw cutting, as identified in the inspection database. This next phase will address additional locations to further reduce the City’s potential liabilities. Phase 2 does not include those locations requiring full sidewalk panel removal and repair.

Staff recommends proceeding with Phase 2 as it has been established that Precision’s concrete cutting process provides quicker and cleaner results compared to conventional concrete grinding techniques.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the state CEQA Guidelines because it can be seen with certainty that approval of a Professional Maintenance Services Agreement amendment with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting will not have a significant effect on the environment.

Sidewalk repair complies with all requirements of the California Environmental Quality Act (CEQA) and is categorically exempt under Section 15301 Class 1 Subsection (c) as the work involves maintenance and repair of existing facilities with negligible or no expansion of use.

LEGAL ANALYSIS:

The City Attorney has approved the agreement and resolution as to form.

FINANCIAL IMPACT:

Funding for this service will be expensed from the FY 2023-2024 Public Works CIP O-ST-4 and ST2401 accounts.

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

Page 3 ends

RECOMMENDATION:

That the City Council adopt Resolution 7438:

2. Authorizing and directing the City Manager to execute the Agreement.

SUBMITTED BY: NOTED AND APPROVED:

Iris Lee Jill R. Ingram
Iris Lee, Director of Public Works Jill R. Ingram, City Manager Prepared by: Kathryne Cho, Deputy Director of Public Works/City Engineer ATTACHMENTS:

A. Resolution 7438
B. Agreement with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting
RESOLUTION 7438

A RESOLUTION OF THE SEAL BEACH CITY

COUNCIL APPROVING AND AUTHORIZING THE

CITY MANAGER TO EXECUTE PROFESSIONAL

MAINTENANCE SERVICES AGREEMENT WITH
SOUTHERN CALIFORNIA PRECISIONS, INC. DBA

PRECISION CONCRETE CUTTING FOR SIDEWALK

ASSESSMENT AND TRIP HAZARD REMOVAL

SERVICES
WHEREAS, the City invests in maintaining the public sidewalks; and, WHEREAS, on January 1, 2019 and February 15, 2023, the California Joint Powers Insurance Authority (“CJPIA”) has entered into a Master Services Agreement with Southern California Precisions, Inc. dba Precision Concrete Cutting (“Precision”) to establish services and costs for CJPIA members to provide sidewalk assessment and trip hazard removal services (“Services”); and, WHEREAS, the City is a CJPIA member; and,
WHEREAS, on August 15, 2022, the City entered into a Professional Maintenance Services Agreement, and as later amended on December 12, 2022, for Phase 1 of the pilot for sidewalk assessment and trip hazard removal program; and, WHEREAS, Precision has successfully completed Phase 1, which generated a detailed inspection database and addressed critical trip hazard locations; and, WHEREAS, the City desires to engage Precision to proceed with Phase 2 to address the remaining locations where trip hazard removal can be achieved using horizontal saw cutting, as identified in the inspection database; and, WHEREAS, Precision provided a cost proposal to complete Phase 2 in a not-toexceed amount of $125,000.

NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:

SECTION 1. The City Council hereby awards a Professional Maintenance Services Agreement (“Agreement”) to Southern California Precisions, Inc dba Precision Concrete Cutting in a not-to-exceed amount of $125,000 to provide Sidewalk Assessment and Trip Hazard Removal Services.

SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Agreement on behalf of the City.

PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 14th day of August, 2023 by the following vote:

AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members

Thomas Moore, Mayor
ATTEST:

Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7438 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of August, 2023.

Gloria D. Harper, City Clerk

Agenda Item L

AGENDA STAFF REPORT
DATE: August 14, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Zone Text Amendment 23-1 Amending Portions of Title 11 of the Seal Beach Municipal Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) Consistent with State Law Requirements
________________________________________________________________ SUMMARY OF REQUEST:

That the City Council:

1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and,

2. Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act.

BACKGROUND AND ANALYSIS:

On October 24, 2022, the City Council adopted Ordinance No. 1699 (Zone Text Amendment 22-02), amending the standards applicable to ADUs and JADUs in accordance with the requirements of the California Planning and Zoning Law. In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1699 to the California Department of Housing and Community Development (HCD) for review and comment; and on February 16, 2023, HCD provided comments on Ordinance No. 1699 with recommendations for modifications to the Ordinance, primarily being the incorporation of Assembly Bill (AB) 2221 and Senate Bill (SB) 897, both of which went into effect on January 1, 2023.

AB 2221 and SB 897 revise state law requirements related to the development of ADUs and JADUs set forth in Government Code Sections 65852.2, 65852.22, and 65852.23. The following is a discussion on each of the standards related to these

Page 2 ends

changes that will require an amendment to Seal Beach Municipal Code (SBMC) Section 11.4.05.115 (Accessory Dwelling Units):

Height
Height standards for ADUs must now meet these minimum requirements:
 A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a highquality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.  A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
 A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. The local agency is not required to allow an accessory dwelling unit to exceed two stories.

The Ordinance amends the height standards of the Municipal Code to meet the standards listed above. Additionally, the Ordinance includes two definitions to be added to the definitions section of the zone text including: “major transit stop” and “high quality transit corridor.” Those terms will be defined as provided in Section 21155 of the Public Resources Code, so if either definition changes there, the Municipal Code will remain up to date. The current definitions are:
“Major Transit Stop” means a site containing any of the following:
a. An existing rail or bus rapid transit station.
b. A ferry terminal served by either a bus or rail transit service. c. The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
“High Quality Transit Corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

Staff has checked Southern California Association of Governments (SCAG) maps and has verified that there is not a Major Transit Stop or High-Quality Transit Corridor within Seal Beach. However, for purposes of remaining compliant with State Law, it is recommended that the zone text be amended to include these definitions and standards.

Page 3 ends

Front Yard Setbacks
Under previous law, a local agency may not establish limits on lot coverage, floor area ratio, open space, and minimum lot size that do not permit the construction of at least an 800 square foot ADU, that is 16 feet in height, with four-foot side and rear yard setbacks if constructed in compliance with all other local development standards. This is what is referred to in Section 11.4.05.115 as a Statewide Exemption ADU. The Legislature has now amended these standards to explicitly state that a local agency may not establish limits on front setbacks that would prevent a Statewide Exemption ADU. Additionally, the reference to the 16-foot height requirement has been removed such that the statute now provides that a local agency may not apply various size restrictions and the other specified development standards that do not permit the construction of at least an 800 square foot ADU with four-foot side and rear yard setbacks (without reference to height).

In proposing amendments to the zone text as it relates to front yard setbacks, special consideration has been taken in drafting the ADU standards for the Bridgeport neighborhood, which was developed with a unique urban design to fit residences into smaller lots (approximately 3,000 square feet), with reduced setbacks including 2-foot rear yard setbacks and a zero-lot line on one interior side.

The Bridgeport area is within the RLD-15 zone, and the RLD-15 zoning provisions have always incorporated development standards that maintain and facilitate the design features of that unique area. As a development standard, in order to maintain a more small scale neighborhood feel with these reduced setbacks, the Zoning Code includes a required second floor step-back that comes in the form of an increased second floor front yard setback that ranges from 20 to 50 feet (depending on tract and lot number) as compared to the first floor front yard setback that ranges from 6 to 12 feet (depending on tract and lot number). In order to ensure that the second-floor step-backs are maintained to the best extent possible when an ADU is proposed on the second floor, the Ordinance requires that within the RLD-15 zone, the ADU shall be placed above the rear portion of the primary structure to maintain an equivalent and consistent development pattern within the Bridgeport neighborhood. If a two-story Bridgeport home proposes an ADU, then the same provisions described earlier apply where the ADU can be placed within the front setback as no alternative space exists.

Interior Access Between Units
The law requires that ADUs and JADUs have a separate exterior entrance from the primary residence. It is left to the discretion of the local agencies as to whether or not interior access between the primary residence and an ADU would be allowed or prohibited. Staff’s recommendation to the Planning Commission was to prohibit interior entrances between the primary unit and ADU in order to clearly maintain the primary unit and ADU as separate units, as is the intent of the law.

While this remains staff’s recommendation, the Planning Commission recommended to eliminate the prohibition of interior access and make it optional for applicants. The draft Ordinance presented reflects the Planning Commission’s recommendation. State law does require JADUs without a dedicated bathroom

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have both a separate exterior entrance and an interior entry to the main living area to access the shared bathroom.

Prohibition on Denying Permits for Unpermitted ADUs Constructed before January 1, 2018
Local agencies are now prohibited from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, due to the fact that the unit is in violation of building standards or state and local ADU standards, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This provision does not apply to buildings deemed substandard pursuant to 17820.3 of the Health and Safety Code.

Owner Occupancy Requirements
Previous law prohibited local agencies from imposing owner-occupancy requirements on ADUs. Pursuant to SB 897, a local agency may require owneroccupancy of either a primary dwelling or an ADU on a single-family lot after January 1, 2025. Staff proposes to include this provision in the Zone Text.

Proposed Text Amendments
The following table provides a line-by-line review of the proposed changes in sequential order in the left column with reference to one of the discussed sections above in the right column. Text proposed to be added to the ordinance will be bold and underlined, text proposed for removal will have a strikethrough.

A full copy of the Ordinance will also be included as part this hearing package for review.

Proposed Amended Standards Related
Discussion
Section
Sec. 11.4.05.115 (B) Definitions.
5) “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time
to time.
7) "Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time.

Height
Sec. 11.4.05.115 (C) Permits Required.
2) Building Permit. A Bbuilding Ppermit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an ADU, and all Typographical
correction.

Page 5 ends

accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements.

Sec. 11.4.05.115 (C)(3). Illegal Construction.

Nonconforming Zoning Code Conditions, Building Code
Violations and Unpermitted Structures.

An ADU or JADU may not be constructed within or attached to a structure or building that was illegally constructed in violation of this code or any prior code. For lawful
nonconforming zoning conditions, see Subdivision D.3.
a. Except as otherwise required by this Section, all
construction, structural alterations or additions
made to create an ADU or JADU shall comply with
current development standards and building,
electrical, fire, plumbing and mechanical codes.
b. An ADU or JADU application shall not be denied
due to the correction of nonconforming zoning
conditions, building code violations, or
unpermitted structures that do not present a threat
to public health and safety and are not affected by
the construction of the accessory dwelling unit.
c. Unpermitted ADUs constructed before 2018.
i. As required by State law, the City may not deny a
permit to legalize an existing but unpermitted ADU
that was constructed before January 1, 2018, if
denial is based on either of the following grounds:
(A)The ADU violates applicable building standards, or
(B)The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this Section.
ii. Exceptions:
(A)Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing, but unpermitted
ADU that was constructed before January 1, 2018, if
the City makes a finding that correcting a violation is necessary to protect the health and safety of the
public or of occupants of the structure.
(B)Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with
California Health and Safety Code Section 17920.

Prohibition on
Denying
Permits
Additional
changes to the
text here were
made in general
to incorporate
the statutory
language from
Government
Code Sections
65852.2(d)(2)
and (e)(2).

Page 6 ends

d. Notwithstanding any other provision of this
Section, Subsections (a) through (c) shall not
operate to legalize any nonconforming conditions,
Building Code violations or unpermitted
structures, and shall not prevent the City from
requiring compliance with all applicable Code
provisions when reviewing an application related
to a primary dwelling unit or other accessory
structure that does not include an ADU or JADU.

Sec. 11.4.05.115 (D)(1)(a) – Statewide Exemption ADUs – ADU and JADU within Single-Family Dwelling and ADUs
within Existing Accessory Structures.
iii. The ADU has an exterior access from the proposed or existing single-family dwelling.

Note: the following language was recommended
for removal by the Planning Commission: “Interior
access between the primary unit and the ADU shall
be prohibited.”
Interior Access
As revised, the
Ordinance
would allow
optional interior
access between
units.

Sec. 11.4.05.115 (D)(1)(b) – Statewide Exemption ADUs – Detached new construction ADU for Single-Family Dwelling. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”.

Height
Sec. 11.4.05.115 (D)(1)(c) – ADUs on Parcel with Existing Multifamily Dwelling.
ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within onehalf mile walking distance of a “major transit stop” or “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling.

Height

Page 7 ends

Sec. 11.4.05.115 (D)(3) – Lawful Nonconforming Conditions.

The City shall not require, as a condition of ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

This is no
longer
necessary
given the
amendments to
Section

11.4.05.115.C.3
above.

Sec. 11.4.05.115 (E) – ADUs not subject to Statewide
Exemption

1. Pursuant to Government Code Sections 65852.2(a)
through (d), for an ADU that does not satisfy the
requirements of subsection (D), approval of Zoning
Conformance Review and a building permit shall be
required in accordance with this subdivision
subsection.

Typographical
correction.

Sec. 11.4.05.115 (E) – ADUs not subject to Statewide
Exemption

2. All ADUs shall satisfy the requirements of Title 8,
Building and Construction, of the Seal Beach Municipal
Code. A Bbuilding Ppermit application is required to be filed with the Building Department Division and
approved by the Building Official or designee. If
demolition of a detached garage is proposed as
part of the construction of an ADU, a demolition
permit application shall be filed concurrently with
the Building Division and approved by the Building
Official or designee at the same time as the
building permit.

5. Accessory dwelling unit applications for Zoning
Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section
65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government
Code Section 65852.2, as the same may be amended from
time to time. Any required demolition permit shall be
processed within the same 60-day period. Notice of
decision on the application shall be mailed to the applicant.

The decision of the Community Development Director on
Zoning Conformance Review shall be final. The building
To bring into
alignment with
Government
Code Sections
65852.2(a)(4),
to process
demolition
applications for
detached
garages
concurrently
with the ADU
applications.

Page 8 ends

permit application and any required demolition permit
application shall be reviewed in accordance with the
Building Code.

Sec. 11.4.05.115 (F)(2) – Standards for ADUs – Development Standards
b. Height restrictions. A newly constructed detached ADU shall not exceed 16 feet in height; and a newly constructed attached ADU shall not exceed the height of the Primary Dwelling to be attached to, or 16 feet, whichever is greater. A detached ADU may be constructed above an existing
detached accessory structure including detached garage
subject to the height limits of the underlying zone, and the size restrictions in subsection (F)(2)(a)(iii),subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as
functionally available for parking.
b. Height restrictions. A newly constructed ADU shall
not exceed sixteen (16) feet in height, except as
provided in subparagraphs (i) through (iv).
i. A newly constructed detached ADU shall not
exceed eighteen (18) feet in height when the lot is
located within one-half mile walking distance of a
“major transit stop” or “high-quality transit
corridor”, as those terms are defined by State law;
and two additional feet shall be allowed if
necessary to accommodate a roof pitch in the ADU
that is aligned with the roof pitch of the primary
dwelling unit.
ii. A newly constructed detached ADU shall not
exceed eighteen (18) feet in height on a lot with an
existing or proposed multistory multifamily
dwelling.
iii. A newly constructed attached ADU shall not
exceed twenty-five (25) feet or the height limit
applicable to the primary dwelling, whichever is
lower. This clause shall not require the City to allow
an accessory dwelling unit to exceed two stories.
iv. A detached ADU may be constructed above an
existing detached accessory structure including a
detached garage, subject to the height limits of the
underlying zone and the size restrictions in
subsection (F)(2)(a)(iii), subject to recordation of a
Height

Page 9 ends

declaration of restrictions, in a form approved by
the City Attorney, agreeing to maintain the existing
garage as functionally available for parking.

Sec. 11.4.05.115 (F)(2) – Standards for ADUs – Development Standards
c. Setbacks.
i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is
constructed in the same location and with the same
dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and
rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser
shall apply.
ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code,
except where the application of the front setback
regulations would not permit construction of an 800
square foot ADU with four-foot side and rear yard
setbacks, except in districts that allow lesser side
setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front
setback only to the extent needed to construct a
maximum sized unit of 800 square feet. In the RLD-15
zone, where a second-floor step-back in the front is
required given the small lots and reduced setbacks of
that zone, in order to maintain the required secondfloor step-back and a consistent development pattern in that neighborhood, when an ADU is proposed on
the second floor, the ADU shall be developed above
the rear portion of the primary structure and the wall
of the ADU closest to the rear property line shall be
uniform in placement to the rear wall of the primary
structure.

Sec. 11.4.05.115 (F)(2) – Standards for ADUs – Development Standards
Front Yard
Setback

Page 10 ends

e. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit
construction of an 800-square-foot ADU that is 16 feet
in height with at least four-foot side and rear yard
setbacks, except in districts which allow lesser side
setbacks, in which case the lesser shall apply.

Exception: If compliance with this lot coverage
standard would preclude the development of an 800
square-foot ADU, the maximum size of the ADU shall
be 800 square feet. An accessory dwelling unit that
is 800 square feet or less, consistent with the
height requirements in section 11.4.05.115
(F)(2)(b), and compliant with a minimum four-foot
side and rear setback (or such lesser side or rear
setbacks required under the zoning district), shall
be considered consistent with all city development
standards, irrespective of any other municipal
code limitations governing lot coverage, floor area
ratio, open space, or front yard setback. For any
other accessory dwelling unit, lot coverage, floor
area ratio, open space, and front yard setback
requirements for the underlying zone shall apply.

Sec. 11.4.05.115 (F)(2) – Standards for ADUs – Development Standards
g. Exterior aAccess. An ADU shall have a separate
exterior access. An ADU above a detached garage
may be accessed by an exterior staircase.

Sec. 11.4.05.115 (F)(3) – Standards for ADUs – Parking
Requirements
a. Except as otherwise provided in subparagraph (b) and (c) of this Subsection (EF)(3), in addition to the offstreet parking space(s) required for the Primary Dwelling, one off-street parking space shall be
provided for each ADU.

Typographical
correction.

Sec. 11.4.05.115 (G) – Standards for JADUs Interior Access

Page 11 ends

4) A JADU may include a separate sanitation facility
(bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a
separate entrance from the main entrance to the
structure, with an interior entry to the main living area shared with the primary unit.

Sec. 11.4.05.115 (H) – Covenant Required
4) For any ADU permitted on or after January 1, 2025,
either the ADU or Primary Dwelling shall be occupied
by the owner of record.

Owner
Occupancy
Requirements

PLANNING COMMISSION RECOMMENDATION
The Planning Commission considered Zone Text Amendment 23-1 at a duly noticed public hearing on July 17, 2023. In response to staff’s recommendation to prohibit interior access between the primary unit and the ADU, prior to the public hearing, 21 letters were received requesting this prohibition be removed, and 3 letters were received supporting this prohibition. Additionally, at the public hearing, 3 speakers requested the probation be removed, and 3 speakers were in support of the prohibition. After considering information from City staff and comments from the public, the Commission voted 4-0 (Commissioner Massetti was absent) to recommend the City Council approved Zone Text Amendment 23-1 with the modification to remove the prohibition on the interior access between the primary unit and the ADU.

ENVIRONMENTAL IMPACT:

Pursuant to the California Environmental Quality Act (“CEQA”), the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones.

LEGAL ANALYSIS:

This item has been reviewed as to form.

FINANCIAL IMPACT:

There is no financial impact for this item.

Page 12 ends

STRATEGIC PLAN:

This item is not applicable to the Strategic Plan.

RECOMMENDATION:

That the City Council:

1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs; and,

SUBMITTED BY: NOTED AND APPROVED:

Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Shaun Temple, Planning Manager
ATTACHMENTS:

A. Ordinance 1706
B. Ordinance 1706 Redline Format
C. Planning Commission Resolution No. 23-12
D. Written public comment provided to the Planning Commission [First Reading 8/14/23]

ACCESSORY DWELLING UNIT ORDINANCE
Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11.4.05.115. - Accessory dwelling units.

A. Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the City is still permitted to exercise local control.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section

11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling.
3) “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5) “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time.
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6) “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. 7) “Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8) “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
9) “Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10) “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11) “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.
12) “Public transit,” has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.
13) “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
14) Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 65852.2(e).

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee.
2) Building Permit. A building permit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for construction of an -3-
ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements.
3) Nonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures.
a) Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes.
b) An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
c) Unpermitted ADUs constructed before 2018.
i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(A) The ADU violates applicable building standards, or
(B) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section.
ii. Exceptions:
(A) Notwithstanding subsection (c)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.
d) Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU.
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D. Statewide Exemption ADUs.
1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following:
a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

ADUs constructed within the footprint of a proposed space of a singlefamily dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area.
iii. The ADU has an exterior access from the proposed or existing single-family dwelling.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section.
b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section.
i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor.”
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iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii):
i. ADU within Non-Livable Space in Existing Multifamily Dwelling. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or
ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum fourfoot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet. Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a singlefamily zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

E. ADUs not subject to Statewide Exemption.
1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subsection.
2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A building permit application is required to be filed with the Building Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the Building Division and approved by the Building Official or designee at the same time as the building permit. -6-
3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60-day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection(D)(2) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards:
1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards:
a) Size restrictions.
i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer -7-
bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv). i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit.
ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling.
iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower.

In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure.
d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling.

Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size.
e) Lot coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located.
g) Access. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase.
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h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR

68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements:
a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met:
i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
4) Other provisions:
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a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU.
2) A JADU must be contained entirely within the walls of the existing or proposed singlefamily dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit.
5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22.
6) No additional parking is required for a JADU.

H. Covenant required. Prior to the issuance of a Certificate of Occupancy for the ADU or JADU, the property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest:
1) Except as otherwise required by Government Code Section 65852.26, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented.
2) The ADU shall not be used for short-term rentals for less than 30 consecutive days. 3) If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.
4) For any ADU permitted on or after January 1, 2025, either the ADU or Primary Dwelling shall be occupied by the owner of record.

I. Fees and utility connections.
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1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.

J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State’s “General Guidelines for Creating Defensible Space.” DRAFT

ACCESSORY DWELLING UNIT ORDINANCE
[proposed additions highlighted;
proposed deletions marked by strike outs]
Section 11.4.05.115 (Accessory Dwelling Units) of Chapter 11.4.05 (Standards for Specific Uses) of Part IV (Regulations Applying in Some or All Districts) of Title 11 (Zoning) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11.4.05.115. - Accessory dwelling units.

B. Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section

11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking (including a kitchen as defined herein), and sanitation on the same parcel as the primary dwelling is situated. An accessory dwelling unit also includes efficiency units, as defined in Section 17958.1 of Health and Safety Code, and manufactured homes, as defined in Section 18007 of the Health and Safety Code. 2) “Attached accessory dwelling unit” or “attached ADU” means an ADU that is constructed within or attached to an existing or proposed Primary Dwelling and shares a common wall with the Primary Dwelling.”
3) “Detached accessory dwelling unit” or “detached ADU” means an ADU that is constructed as a separate structure from an existing or proposed Primary Dwelling, which does not share any walls with the Primary Dwelling. 4) “Existing structure” means an existing single-family dwelling, multifamily dwelling, or accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the City, and other applicable law. 5) “High Quality Transit Corridor” means a “high-quality transit corridor” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time.
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6) “Junior Accessory Dwelling Unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. 7) "“Major Transit Stop” means a “major transit stop” as defined in Section 21155 of the Public Resources Code as the same may be amended from time to time. 8) “Mixed use,” for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
9) “Multifamily Dwelling,” for purposes of this section only, means a property containing two (2) or more attached dwelling units. Multiple separate single-family residential structures on the same lot do not qualify as a multifamily dwelling. Single-family dwellings with an ADU, JADU, or both do not qualify as a multifamily dwelling. 10) “Nonconforming zoning condition,” for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards. 11) “Primary Dwelling,” for purposes of this section only, means the existing or proposed single-family dwelling or multifamily dwelling on the lot where an ADU would be located.
12) “Public transit,” has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time.
13) “SB 9” or “Senate Bill 9” means Government Code Section 65852.21(b) and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
14) Statewide Exemption ADU” means an ADU allowed by right pursuant to Government Code Section 65852.2(e).

C. Permits Required. In addition to other requirements of this section, all accessory dwelling units and junior accessory dwelling units shall be subject to the following ministerial requirements.
1) Zoning Conformance Review. Accessory dwelling units and junior accessory dwelling units consistent with the requirements of this section are allowed by-right on a lot that is zoned to allow single family use or multifamily residential use. A JADU shall only be allowed within an existing or proposed single family dwelling. An application for zoning conformance review shall be submitted to the Community Development Department on the City-approved form concurrently with the building permit application, for confirmation of single-family or multifamily zoning by the Director or designee.
2) Building Permit. A Bbuilding Ppermit application is required to be filed with the Building and Safety Division. Approval of a building permit is required for -3-
construction of an ADU, and all accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building Code requirements. 3) Illegal constructionNonconforming Zoning Code Conditions, Building Code Violations and Unpermitted Structures. An ADU or JADU may not be constructed within or attached to a structure or building that was illegally constructed in violation of this code or any prior code. For lawful nonconforming zoning conditions, see Subdivision D.3.
a) Except as otherwise required by this Section, all construction, structural alterations or additions made to create an ADU or JADU shall comply with current development standards and building, electrical, fire, plumbing and mechanical codes.
b) An ADU or JADU application shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. c) Unpermitted ADUs constructed before 2018.
i. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(A) The ADU violates applicable building standards, or
(B) The ADU does not comply with the state ADU law (Government Code section 65852.2) or this Section.
ii. Exceptions:
(A) Notwithstanding subsection (bc)(i) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(B) Subsection (c)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.
d) Notwithstanding any other provision of this Section, Subsections (a) through (c) shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the City from requiring compliance with all applicable Code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU.
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D. Statewide Exemption ADUs.
1) Pursuant to Government Code Section 65852.2(e), upon Zoning Conformance Review, the City shall ministerially approve an application for a building permit within a residential or mixed use zone, to create any of the following:
a) ADU and JADU within Single-Family Dwelling and ADUs within Existing Accessory Structures. One ADU and one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:
i. The JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage). ii. The ADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling (including any attached garage) or accessory structure, and may include an expansion of not more than 150 square feet beyond the same physical dimensions of the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

ADUs constructed within the footprint of a proposed space of a singlefamily dwelling, existing space of a single-family dwelling (including any attached garage) or existing space of an accessory structure shall not be subject to a maximum square-footage of living area.
iii. The ADU has an exterior access from the proposed or existing single-family dwelling. Interior access between the primary unit and the ADU shall be prohibited.
iv. The side and rear setbacks are sufficient for fire and safety. v. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection (F) of this section.
b) Detached new construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section.
i. The ADU shall be no more than 800 square feet in size. ii. The ADU shall not exceed a height limit of 16 feet, or a height of 18 feet for an ADU within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor.”.
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iii. The ADU shall be setback a minimum of four feet from side and rear lot lines. However, in districts which allow lesser side setbacks, the lesser shall apply.
c) ADUs on Parcel with Existing Multifamily Dwelling. A property owner may be allowed to develop ADUs on a lot in accordance with only one of the following two categories (i or ii):
i. ADU within Non-Livable Space in Existing Multifamily Dwelling. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, within non-livable space, but the total number of ADUs allowed shall not exceed 25 percent of the existing multifamily dwelling units in the structure; or
ii. Detached New Construction ADUs for Existing Multifamily Dwelling. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and minimum fourfoot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser shall apply. For lots that are within one-half mile walking distance of a “major transit stop” or a “high-quality transit corridor”, or for lots that have a multifamily dwelling that is also multistory, the detached ADU is subject to a height limit of 18 feet.

Multiple separate single-family structures on the same lot do not qualify as a multi-family dwelling.
2) Lot Split Pursuant to Senate Bill 9. In the event that a property owner in a singlefamily zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.
3) Lawful Nonconforming Conditions. The City shall not require, as a condition of ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions.

E. ADUs not subject to Statewide Exemption.
1) Pursuant to Government Code Sections 65852.2(a) through (d), for an (D), approval of Zoning Conformance Review and a building permit shall be required in accordance with this subdivision subsection.
2) All ADUs shall satisfy the requirements of Title 8, Building and Construction, of the Seal Beach Municipal Code. A Bbuilding Ppermit application is required to be filed with the Building Department Division and approved by the Building Official or designee. If demolition of a detached garage is proposed as part of the construction of an ADU, a demolition permit application shall be filed concurrently with the -6-
Building Division and approved by the Building Official or designee at the same time as the building permit.
3) In accordance with State law, ADUs are an accessory use or an accessory structure to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot.
4) The Community Development Director shall ministerially review and approve an application for Zoning Conformance Review of a proposed ADU, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. A public hearing is not required.
5) Accessory dwelling unit applications for Zoning Conformance Review and building permit review subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The City shall act upon the Zoning Conformance Review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 65852.2, as the same may be amended from time to time. Any required demolition permit shall be processed within the same 60-day period. Notice of decision on the application shall be mailed to the applicant. The decision of the Community Development Director on Zoning Conformance Review shall be final. The building permit application and any required demolition permit application shall be reviewed in accordance with the Building Code.
6) Where an accessory dwelling unit application for an ADU is submitted with an application for a Primary Dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7) Lot Split under SB 9. In the event that a property owner in a single-family zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count toward the maximum two units allowed on each lot resulting from the lot split.

F. Standards for ADUs. Except those ADUs approved pursuant to subsection(D)(2) of this section (Statewide Exemption ADUs), ADUs shall comply with the following development standards:
1) Location Restrictions: One ADU shall be allowed on a lot with a proposed or existing Primary Dwelling that is zoned to allow single family or multi-family residential use. 2) Development Standards:
a) Size restrictions.
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i. Attached ADU (Existing Primary Dwelling): ADU shall not exceed the lesser of: 1) fifty percent (50%) of the gross floor area for the Primary Dwelling or 2) 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if it contains more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
ii. Attached ADU (New Primary Dwelling): ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
iii. Detached ADU: ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, whichever is less. Notwithstanding the above, an ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU. iv. In no case shall the gross floor area of an ADU be less than that of an “efficiency unit” as defined in Health and Safety Code Section 17958.1. b) Height restrictions. A newly constructed detached ADU shall not exceed 16 feet in height, and a newly constructed attached ADU shall not exceed the height of the Primary Dwelling to be attached to, or 16 feet, whichever is greater. A detached ADU may be constructed above an existing detached accessory structure including detached garage subject to the height limits of the underlying zone, and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking. A newly constructed ADU shall not exceed sixteen (16) feet in height, except as provided in subparagraphs (i) through (iv).
i. A newly constructed detached ADU shall not exceed eighteen (18) feet in height when the lot is located within one-half mile walking distance of a “major transit stop” or “high-quality transit corridor”, as those terms are defined by State law; and two additional feet shall be allowed if necessary to accommodate a roof pitch in the ADU that is aligned with the roof pitch of the primary dwelling unit.
ii. A newly constructed detached ADU shall not exceed eighteen (18) feet in height on a lot with an existing or proposed multistory multifamily dwelling.
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iii. A newly constructed attached ADU shall not exceed twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is lower.

This clause shall not require the City to allow an accessory dwelling unit to exceed two stories.
iv. A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)(a)(iii), subject to recordation of a declaration of restrictions, in a form approved by the City Attorney, agreeing to maintain the existing garage as functionally available for parking.
c) Setbacks.
i. No setback shall be required for an ADU that is within a legally Existing Structure or new ADU that is constructed in the same location and with the same dimensions as a legally Existing Structure. For all other ADUs, the required minimum setback from side and rear lot lines shall be four feet, except in districts which allow lesser side setbacks, in which case the lesser shall apply.
ii. An ADU shall comply with all required front yard setbacks otherwise required by the Seal Beach Municipal Code, except where the application of the front setback regulations would not permit construction of an 800 square foot ADU with four-foot side and rear yard setbacks, except in districts that allow lesser side setbacks, in which case the lesser shall apply. In this exception, the ADU may encroach into the front setback only to the extent needed to construct a maximum sized unit of 800 square feet. In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. d) Minimum Distance - Detached ADU. In accordance with Table 11.2.05.05 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The six-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling.

Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800-square feet in size.
e) Lot coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an 800-square-foot -9-
ADU that is 16 feet in height with at least four-foot side and rear yard setbacks, except in districts which allow lesser side setbacks, in which case the lesser shall apply. Exception: If compliance with this lot coverage standard would preclude the development of an 800 square-foot ADU, the maximum size of the ADU shall be 800 square feet. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 11.4.05.115 (F)(2)(b), and compliant with a minimum four-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply.
f) Design. A newly constructed ADU shall have the same design, colors and materials and architectural details (including windows and roof pitch) of the Primary Dwelling, and shall comply with any objective design standards adopted by the City that are applicable to the zoning district or Specific Plan area where the ADU is located.
g) Exterior aAccess. An ADU shall have a separate exterior access. An ADU above a detached garage may be accessed by an exterior staircase. Interior access between the primary unit and the ADU shall be prohibited.
h) Fire sprinklers. ADUs are required to provide fire sprinklers if required for the Primary Dwelling.
i) Historic resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR

68.3, as the same may be amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or Specific Plans that pertain to historic resources. 3) Parking Requirements:
a) Except as otherwise provided in subparagraph (b) and (c) of this Subsection (EF)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. b) Exception. If an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, an additional off-street parking space is not required for such ADU if any of the following provisions are met:
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i. The ADU is located within one-half mile walking distance of Public Transit; or
ii. The ADU is located within an architecturally and historically significant historic district; or
iii. The ADU is an attached ADU proposed with a new single-family development, or a proposed conversion of an existing Primary Dwelling or accessory structure; or
iv. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or
v. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle.
c) When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU.
4) Other provisions:
a) Recreational trailers are not permitted to be used as ADUs. This includes, but is not limited, to recreational vehicles, campers, camping trailers and mobile/motor homes.

G. Standards for JADUs. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless State law is amended to set forth different standards in which case State law standards will govern:
1) A JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility (bathroom) shall not be included in the maximum gross floor area of a JADU.
2) A JADU must be contained entirely within the walls of the existing or proposed singlefamily dwelling. For purposes of this subsection, an attached garage is considered to be within the walls of the existing or proposed single-family dwelling. 3) A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
4) A JADU may include a separate sanitation facility (bathroom), or may share sanitation facilities (bathroom(s)) with the existing single-family dwelling. If a JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area shared with the primary unit.
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5) A JADU shall include an efficiency kitchen which shall meet the requirements of Government Code Section 65852.22.
6) No additional parking is required for a JADU.

I. Fees and utility connections.
1) ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the Primary Dwelling and not be a separate set of services, unless the local water and sewer service provider requires a new or separate utility. For an ADU that is not a conversion of an existing space, a separate utility connection directly between the accessory dwelling unit and the utility may be required. Consistent with Government Code Section 65852.2(f), the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit. 2) The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows:
a) ADUs that are less than 750 square feet shall not be subject to impact fees. b) ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.

J. Fire safety requirements. The construction of all new accessory dwelling units shall meet minimum standards for fire safety as defined in the Building Code of the City of Seal Beach and the Fire Code of the City of Seal Beach, as the same may be amended by the City from time to time. All applications for accessory dwelling units in areas designated as high or very high fire hazard zones shall be reviewed by the Building Official and Fire Marshal to ensure the standards for fire safety as defined in the Building Code of the City of Seal -12-
Beach and the Fire Code of the City of Seal Beach will be met. Fuel modification treatments (clearing requirements) will be greater for those properties in high and very high fire hazard severity zones, which may be characterized by steeper terrain, larger and denser fuels, fuels that are highly volatile, and subject to frequent fires. Clearing requirements shall meet the State’s “General Guidelines for Creating Defensible Space.” RESOLUTION NO. 23-12

A RESOLUTION OF THE SEAL BEACH PLANNING

COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 23-1 REGARDING ACCESSORY

DWELLING UNITS AND RELATED DEVELOPMENT

STANDARDS

THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, On October 24, 2022, the City Council adopted Ordinance No. 1699, amending the standards applicable to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the requirements of the California Planning and Zoning Law; and
WHEREAS, In accordance with Government Code Section 65852.2(h)(1), the City submitted Ordinance No. 1699 to the California Department of Housing and Community Development for review and comment; and on February 16, 2023, the California Department of Housing and Community Development provided comments on Ordinance No. 1699 with recommendations for modifications to the Ordinance, primarily being the incorporation of provisions consistent with Assembly Bill (AB) 2221, and Senate (SB) 897, both of which went into effect on January 1, 2023; and
WHEREAS, The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance; and
WHEREAS, Staff has identified areas of the current standards applicable to ADUs and JADUs that require amendment to become compliant with California Government Code Sections 65852.2, 65852.22 and 65852.23, as provided in AB 2221 and SB 897, and to clarify standards; and
WHEREAS, the Planning Commission is authorized, pursuant to Section

11.5.05.010.B of the Municipal Code, to make a written recommendation to the City Council to approve, approve with modifications, or disapprove amendments to the Zoning code; and
WHEREAS, the Community Development Department has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and finds and determines that the adoption of ordinance regarding accessory dwelling units is exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (h), as an action to implement the provisions of Government Code Sections 65852.2, 65852.22 and 65852.23; and
WHEREAS, the Community Development Department on July 6, 2023, caused to be published a legal notice in the Sun Newspaper, a local paper of general circulation, a hearing notice indicating the date, time, and location of the public hearing on the proposed Zone Text Amendment; and
WHEREAS, on July 17, 2023, the Planning Commission held the duly noticed public hearing where interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

Section 1. Environmental Findings. Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City’s CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding second units (now called accessory dwelling units) in residential and mixed-use zones.

Section 2. Required findings for Zone Text Amendment 23-1. In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the council shall make any environmental findings required pursuant to Chapter 11.5.35: Environmental Review, and determine whether the proposed action is consistent with the general plan and any applicable specific plan. The Planning Commission hereby makes the following findings, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of the recommendation for approval of Zone Text Amendment 23-1:

Finding 1. The proposed amendment is consistent with the following General Plan Goals and Policies:

Land Use Element

1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live.

2. Housing: It is to be a goal of the City to preserve its low- and medium-density residential character while still providing a wide choice of living accommodations and lifestyles for its residents.

Housing Element

1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents.

The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households.

2. Program 1h: Accessory Dwelling Units: Accessory dwelling units (ADUs) can provide affordable housing options for a wide range of household types, many of which may have very low- or extremely low- incomes. The City will continue to encourage ADU production consistent with State law, which shall include:

1. Revisions and updates to the City’s adopted ADU Ordinance as needed for consistency with State law; and

2. Website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable.

The proposed amendments will bring the Ordinance into consistency with State law.

3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households.

The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate-income households.

4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless.

Finding 2. Environmental findings required pursuant to Chapter 11.5.35.

Environmental findings are not applicable because the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h).

Section 3. On July 17, 2023, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 23-1, which would amend Title 11 Section 11.4.04.115 of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other minor corresponding amendments to the City’s Zoning Code as set forth in the draft ordinance included as Attachment “A.”
Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other evidence in the record, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 23-1.

PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 17, 2023, by the following vote:

AYES: Commissioners _________________________
NOES: Commissioners ___________________________________________ ABSENT: Commissioners _________________________________________________ ABSTAIN: Commissioners ________________________________________________ _________________________________
Patty Campbell
ATTEST: Chairperson
_________________________________
Alexa Smittle
Planning Commission Secretary

ATTACHMENT A

DRAFT ORDINANCE
ZONE TEXT AMENDMENT 23-1

Gloria Harper
From:

Sent:

To:

Jeannie Dennison <[email protected]>
Monday, July 17, 2023 12:56 PM
Calvin Mingione; [email protected]; Richard Coles; Patty Campbell; Michael Wheeler
Cc:

Subject:

Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Staff report regarding ADU’s
Dear Planning Commissioners,
I am a resident of Bridgeport for a combined total of 44 years. I strongly support staff’s recommendations to

1. Prohibit interior access between the primary home and an ADU, and

2. Require any Bridgeport second story ADU addition be placed above the rear portion of the primary home.

I appreciate that staff has taken into consideration that Bridgeport is a unique planned community. These homes built in 1969 as zero lot line homes were architecturally designed to utilize the entire homesite, while insuring maximum land use & interior privacy. The original CC&R’s prohibit windows facing adjacent homes and limit the number of 2 stories. Most of these were added to the city zoning code in 2004, along with any limits on expansions of existing 2 stories remaining over the garages to maintain the integrity of this residential community. The Bridgeport community has maintained this design integrity for 54 years with the continued support of the City staff and I feel that speaks volumes to staying the course.

On a separate point, the fact that the State law requires a separate entrance shows the ADU is a separate unit. Allowing an interior entrance changes this to basically a means of adding second story where the existing CC&R’s and city code don’t allow.

Thank you for your time and consideration of my input.

Sincerely,
Jeannie Dennison
375 Clipper Way
Sent from my iPad
1 Gloria Harper
From:

Sent:

To:
[email protected]
Monday, July 17, 2023 11:29 AM
Calvin Mingione; [email protected]; Richard Coles; Patty Campbell; Michael Wheeler; Robert Goldberg
Cc:

Subject:

Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023
Dear Planning Commissioners,
We have been resident homeowners of 245 Electric Avenue in Bridgeport resident for 33 years. We are very concerned about the possibility that ADUs will be built in our community, with design and construction not consistent with the existing architectural norms and covenants that keep our community of 176 homes uniquely charming.

As such, we would like to offer a formal input regarding this topic, as we are not able to attend the public meeting. We strongly support staff’s recommendations to
1) Prohibit interior access between the primary home and an ADU and enforce the requirement for external access to the ADU.
2) Require any Bridgeport 2nd story ADU addition to be placed above the rear portion of the primary home.

While the revised ADU regulations would allow additional second story construction to be added, the above prohibition of interior access into the primary home would ensure that state-mandated regulations are met and dissuade a homeowner with the intent to circumvent the existing restrictions on the number of 2nd story homes, in what is currently an attractive balance of 1-story and 2-story homes.

Placement of the second story ADU in the rear area of the home will assist in facilitating consistency with the look and feel of the existing 2-story homes.

Sincerely,
Fred Schreiner
Linda Natzmer
33-year Bridgeport Homeowners
245 Electric Avenue, Seal Beach, CA
1 Gloria Harper
From:

Sent:

To:

Robert Goldberg <[email protected]>
Sunday, July 16, 2023 12:44 PM
Calvin Mingione; [email protected]; Richard Coles; Patty Campbell; Michael Wheeler
Cc:

Subject:

Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023
Dear Planning Commissioners,
I am a 21-year Bridgeport resident who strongly supports staff’s recommendations to 1) Prohibit interior access between the primary home and an ADU, and 2) Require any Bridgeport 2nd story ADU addition to be placed above the rear portion of the primary home.

To staff’s credit, these recommendations derive from their appreciation of Bridgeport as a very unique planned community of 176 homes. Despite lots that are generally less than 3600 square feet, a sense of openness, airiness, and privacy was created by having CC&R’s that prohibit windows that would peer into neighboring patios and limit the number of 2nd stories to only half of the lots while also restricting these to the rear of the lots. In recognition of the importance of the CC&R’s, most of its provisions were added to the City’s zoning code in 2004.

While the revised ADU regulations would allow additional 2nd stories to be added, the proposed prohibition of interior access into the primary home would ensure that these state-mandated regulations would not be used by a homeowner to simply circumvent the restriction on the number of 2 nd story homes. If a homeowner were allowed interior access, it would be a very simple matter to just remove the exterior staircase entrance “when no one was watching.” The result would not be inconsistent with the existing CC&R’s and City zoning code, but also, as noted by staff, inconsistent with the intent of the State law to maintain the primary home ADU as separate units.

Sincerely,
Robert Goldberg
Former Seal Beach Planning Commissioner
1 Gloria Harper
From:

Sent:

To:

Robert Goldberg <[email protected]>
Monday, July 17, 2023 11:39 AM
Calvin Mingione; [email protected]; Richard Coles; Patty Campbell; Michael Wheeler
Cc:

Subject:

Alexa Smittle; Shaun Temple; Amy Greyson; Gloria Harper; Winnie Bell Supllemental Public Comment for Planning Commission, PUBLIC HEARING ZONE TEXT AMENDMENT 23-1, JULY 17, 2023
Dear Planning Commissioners,
I would like supplement my prior written comments with a request to add a 5th required covenant to Section H (page 11) of the proposed ordinance:
5 5) An attached ADU shall not have internal access into the primary dwelling unit.

I think this restriction is just as important as the other four listed restrictions in Section H to be recorded on the title of the property. Many homes, especially in Bridgeport where I live, are not sold until long-time owners pass away. Children who inherit the home or an estate trustee who sells it are very unlikely to be aware of the prohibition on internal access. Consequently, the selling agent will also be unaware as well as prospective buyers. However, this problem can be rectified by simply adding the above language to the property's title. The restriction will then be disclosed to a buyer as part of the title report that they receive in escrow.

Thank you for your service,
Robert Goldberg
Former Seal Beach Planning Commissioner
1 Steven R. Justus
377 Galleon Way, Seal Beach, CA 90740
Telephove: 714-343-4999 E-mail: [email protected]
July 17, 2023
To:

Via E-mail
Planning Commission, Planning/Community Development Departments, and City Manager City of Seal Beach, CA
RE: Planning Commission Public Hearing on July 17, 2023 Proposed Change of Zoning Ordinance for ADU’s
Commissioners, City Manager, and Staff:

Upon review of your Draꢀ Ordinance and Staff Report under consideraꢁon for the Planning Commission Public Hearing on ADU’s, I find numerous errors and deficiencies, including inconsistencies within the documents, conflicts with State Statute, and other issues of concern. I’m sure that others will point-out some or all of these problems, however the documents exhibit hasty preparaꢁon, and the public was not given adequate ꢁme for thorough review (the documents were not available ꢁmely). This maꢂer warrants proper care, and aꢂenꢁon and consideraꢁon of public concerns, and applicaꢁon to local condiꢁons of the requirements specified by State statute.

I can’t argue with the statute, because it is current law. We don’t have to like it, however we must incorporate and apply it properly and carefully, equitably and in full consideraꢁon of its purpose and intent. The purpose is a maꢂer of record with the legislaꢁon, and specific criteria and guidelines for applicaꢁon are provided in the statute. Among these direcꢁves are limits on local regulaꢁon of the framework defined by the State, such as restricꢁons rendering the construcꢁon of new ADU’s impracꢁcal or prohibiꢁve.

In addiꢁon to concerns pertaining to sloppy and confusing draꢀing, I note the following key concerns:
a. Objecꢁon: to limits on the locaꢁon of an ADU within/upon the building footprint if said limit restricts the maximum size allowed under the statute. For example, limiꢁng placement of the ADU in Bridgeport to the locaꢁon over the rear garage may restrict the size of that ADU to less than the allowable maximum floor area, due to the second story setback prescribed in the Bridgeport zoning standards. It also effecꢁvely restricts the exisꢁng two-story units (with the second story already located over the garage) from construcꢁng an ADU of adequate (let alone maximum) floor area in the space forward of the garage. b. Objecꢁon: to constraints on effecꢁve and efficient use by the primary unit resident(s) and/or the ADU resident(s) of direct communicaꢁon and access between the units for caregivers, extended families, and persons needing care. Persons needing care and caregivers require direct and immediate communicaꢁon and access between their separate living spaces (not just independent exterior access for other privacy and convenience factors), whether the individuals are family members or unrelated, and regardless of whether they live in the ADU or the primary unit. This situaꢁon for care giving, aging-in-place, and extended families is supported by the statute as intended purposes. Regulaꢁon prohibiꢁng direct and immediate communicaꢁon and access is an unreasonable restricꢁon in violaꢁon of that intent.

This is the third ꢁme our ADU zoning is being dealt with. The first ꢁme it did not comply/conform with the State statute, nor did it account for all the local circumstances. The second ꢁme it did not comply/conform with the revised statute or all the local circumstances. I hope the third ꢁme is a charm.

It’s not easy given the complex facts surrounding this issue, but let’s get it right this ꢁme. Should the City be interested, I can idenꢁfy and offer suggesꢁons to remedy the various concerns, objecꢁons, errors, deficiencies, inconsistencies and conflicts menꢁoned above.

With the best interest of Seal Beach in mind,
Steve Justus

1 Gloria Harper
From: Ed Fagenson <[email protected]>
Sent: Monday, August 14, 2023 11:16 AM
To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; [email protected]
Subject: Input on the draft amendment to the Seal Beach ADU Zoning Code Dear City Council Members,
I am wriƟng to express my support for the proponents who advocate for the restricƟon of second-story Accessory Dwelling Units (ADUs) in specific areas.

I understand that the recent draŌ amendment to the ADU Zoning Code aims to balance the state's ADU requirements with the preservaƟon of exisƟng zoning regulaƟons that limit the number of two-story homes in certain neighborhoods.

While this effort is commendable, I share the concerns raised by proponents regarding the prohibiƟon of interior stair access to second-story ADUs.

It's clear that the intenƟon behind ADU laws is to foster new housing units rather than encourage larger homes. By mandaƟng exterior entrances for ADUs, the state emphasizes the importance of maintaining a clear disƟncƟon between primary residences and addiƟonal dwelling units. However, the unintended consequence of this draŌ's universal prohibiƟon on interior stair access to second-story ADUs is that it impacts not only areas where second-story addiƟons are restricted but also those where such restricƟons do not apply. This approach could compromise the unique character and livability of certain neighborhoods.

I concur with the proponents who argue that we should prioriƟze a targeted approach that aligns with the state's goals while respecƟng the individuality of each neighborhood.

Furthermore, I share the concerns raised about potenƟal misuse of ADU laws to circumvent zoning regulaƟons. It is crucial that our ADU Zoning amendment serves its intended purpose of increasing the number of housing units and reducing housing costs, rather than inadvertently leading to the enlargement of exisƟng homes.

In light of these consideraƟons, I respecƞully urge the City Council to support the proponents' viewpoint and consider revising the draŌ amendment to allow for interior stair access to second-story ADUs only in areas where such addiƟons are not restricted by exisƟng zoning rules. This approach will honor the unique qualiƟes of our neighborhoods while adhering to the spirit of the state's ADU laws.

Thank you for your Ɵme and aƩenƟon to this maƩer. I believe that by working together to find a balanced soluƟon, we can enhance our community's livability while addressing the housing challenges we face.

Sincerely,
Edward and Tammy Fagenson
432 Corsair Way
Seal Beach, CA 90740
213-644-4321
1 Gloria Harper
From: Eileen O'Leary <[email protected]>
Sent: Sunday, August 13, 2023 2:42 PM
To: Gloria Harper
Subject: ADU ordinance 1706 and Zone Text Amendment 23-1 1 Gloria Harper
From: erin bello <[email protected]>
Sent: Monday, August 14, 2023 7:18 AM
To: Gloria Harper
Subject: Draft ADU Ordinance
As a Seal beach resident and an owner of a single story, three bedroom home in Bridgeport,I am very concerned that the amended draft of the new ADU requirements sent to the City Council by the Planning Commission does not address the intent of the law which is to create new housing units, not larger houses. I am also concerned about a few residents who have always wanted home expansion and are now using the inclusion of the interior staircase as a necessary option for a caregiver. I am over 80 and know that I may at some point need a caregiver, I also know that I have a three bedroom with immediate access to my room. I don't need an additional large room overhead to accomplish this purpose.

Please do not overlook the uniqueness of the lots in the Bridgeport community. The misuse of State ADU laws to circumvent our City’s zoning laws will do this. I ask that you current recommendation to prohibit interior access to ADU’s, most critically, for the unique Bridgeport tracts.

Sincerely,
Erin Bello
James and Isabel Tinker
240 Corsair Way
Seal Beach, CA 90740
Bridgeport Subdivision
August 13, 2023
Honorable Mayor Thomas Moore
Members of the City Council
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Honorable Mayor Thomas Moore,
We are homeowners of the Bridgeport community and are writing this letter in support of our neighbor who is requesting a permit to construct an Additional Dwelling Unit (ADU) with an interior stairwell. The purpose of her request is to have the option of housing a caregiver at some point in the future. Long term care is an expense no one should not have to incur if there is another solution supported by the state.

The Planning Commission, on July 17, 2023, voted unanimously to remove an interior access prohibition. I ask that you honor this vote under the revised ADU Ordinance 1706 and Zone Text Amendment 23-1 being considered by the city council on August 14th.

That proposed stipulation is a discretionary issue and does not reflect the opinion of all residents.

Thank you,
James and Isabel Tinker
CC: City Clerk
City Council Members:
- Lisa Landau
- Joe Kalmick
- Nathan Steele
- Shelly Sustarsic
1 Gloria Harper
From: Alexa Smittle
Sent: Monday, August 14, 2023 8:41 AM
To: Gloria Harper
Cc: Shaun Temple
Subject: FW: ADU Regulations - Bridgeport Consideration Alexa Smittle
Community Development Director
(562) 431-2527, Ext. 1313

From: Leslie Carter <[email protected]>
Sent: Sunday, August 13, 2023 5:17 PM
To: Thomas Moore <[email protected]>; Schelly Sustarsic <[email protected]>; Nathan Steele <[email protected]>; Lisa Landau <[email protected]>; Joe Kalmick <[email protected]>; Alexa Smittle <[email protected]>
Subject: ADU Regulations - Bridgeport Consideration
Dear City Council Members
I have been a resident of Bridgeport since 2015. We have a unique community with a limited number of homes with second stories that help preserve the uniqueness of our community. I understand the state ADU requirements supersede local zoning laws. That said, there is no state requirement related to interior access for a second storyADU - the state requires an external entrance and is silent as it relates to an interior entrance.

I am asking that the City Council prohibits an internal access to the ADU for the Bridgeport community since the previous regulations precluded additional second stories. The state ADU requirements should NOT be used to circumvent historical requirements that were well known when residents purchased their property.

Thank you in advance for your consideration
Leslie Carter
392 Corsair Way
Seal Beach
Subject: RLD-15 and 2nd Story ADUs 14 August 2023
Honorable City Council Members:

Thank you for the opportunity to provide input on the draft amendment to the Seal Beach ADU Zoning Code. This is to voice my ongoing concern regarding attempts to circumvent restrictions in the City’s zoning code as noted below.

I have been an Old Town resident and business owner since 1994. We bought our home in Bridgeport 20 years ago largely because of the unique zero-lot-line layout and sensible CC&Rs.

I didn’t live in Bridgeport long before I volunteered to serve on the Architectural Committee to help neighbors understand and apply the provisions of the CC&Rs when construction projects were proposed.

Roughly 20 years ago all the quantitative parts of our CC&R's were incorporated into the zoning code via Table 11.2.05.015.E.2. Additionally, that zoning revision was incorporated into section 11.2.05.015.E(1) requiring approval by our Committee prior to the City's review of any plans:
"Architectural Committee Approval Required. The city shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those tracts within the RLD-15 District that have a legally constituted Architectural Committee, as has been submitted to the city." It has been stated by certain residents seeking to build a 2nd story ADU with interior access in RLD-15 that the provisions of the CC&Rs no longer apply. This is untrue.

I will state again, as I did at the Planning Commission meeting, that I strongly agree with the staff report as originally written with limitations on interior access for ADUs. I now realize this may not be appropriate for all zoning designations, but I believe it is appropriate for RLD-15 properties in Bridgeport (and elsewhere if they exist).

Thank you for the opportunity to express my opinion on this subject. I am committed to this community in many ways, and I hope you will carefully consider my input.

Sincerely,
Michael Beckage
370 Clipper Way
Seal Beach, CA 90740
562-682-5874
FYI – In addition to serving on the Architectural Committee, I organize monthly "Astronomy Nights" at Eisenhower Park, and I co-founded www.dtsweb.com which provides high tech employment for 90 people at our Seal Beach facility next to Boeing.

August 14, 2023

Dear City Councilmembers,
I am a 21-year Bridgeport resident who strongly supports staff’s current recommendation to prohibit interior access between a primary home and an attached ADU. As the staff report states, prohibiting interior access citywide is the best way to “clearly maintain the primary unit and ADU as separate units, as is the intent of the law.” I urge that a motion be made to reinsert Staff’s recommended language into the ordinance:
“Interior access between the primary unit and the ADU shall be prohibited.” If this motion for a citywide prohibition fails, I would then beseech the Council to consider the pleadings of Bridgeport residents for a narrow prohibition that applies to Bridgeport only.

We have been informed by our Councilwoman that “it was determined that it would be difficult to enforce this [prohibition] since RLD-15* zoning is not just in Bridgeport but is also located in other areas of Seal Beach. Therefore, this requirement would not be able to be applied uniformly in this particular zoning designation.” However, I believe this determination to be incorrect for several reasons.

Firstly, my review of the current City zoning maps viewable online at https://www.sealbeachca.gov/Departments/Community-Development/PlanningDevelopment/Zoning-Maps confirms my long-term understanding the RLD-15 zoning designation is only found in the Bridgeport neighborhood. If this is not correct, then staff should be asked at the meeting to display the map that shows RLD-15 elsewhere.

Secondly, even if RLD-15 does indeed include other areas besides Bridgeport that would not preclude City’s ability to have a prohibition “be applied uniformly in this particular zoning designation.” In fact, an analogous RLD-15 unique prohibition on roof decks has been “applied uniformly” for at least 20 years. This is displayed below as the last row in the Municipal Code Table 11.2.05.015 (abridged to reduce size). I have added a proposed new row to the ADU section of this Table that would simply and clearly facilitate the uniform application of a prohibition against interior access.

Thirdly, instead of including the prohibition in Table 11.2.05.015, it could alternatively be added to the existing zoning tables of “RLD-15 District – Specific Tract Development Standards” that apply very unique standards to Bridgeport only. Each of the three Bridgeport tracts has its own similar, but not identical, Table. An abridged version of the table for Tract 6345 (which includes the current ADU application) is shown below. I have added a new row for ADU’s that includes a prohibition against interior access.

Table 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS (Abridged) RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46
Maximum Density
1 unit per
5,000 sq. ft.
of lot area,
plus an
“Accessory
Dwelling
Unit”
1 unit per
3,000 sq. ft.
of lot area,
plus an
“Accessory
Dwelling
Unit”
1 unit per
2,500 sq. ft.
of lot area
1 unit per
2,178 sq. ft.
of lot area
1 unit per
1,350 sq. ft.
of lot area
1 unit per 960
sq. ft. of lot
area
Primary Dwelling Unit 1,200 1,200 (E) 950 950 950 950
Junior Accessory
Dwelling Unit 150 150 150 150 150 150
1-Bedroom
Accessory Dwelling
Unit
400 400 400 400 400 400
2+-Bedroom
Accessory Dwelling
Unit
600 600 600 600 600 600
Junior Accessory
Dwelling Unit 500 500 500 500 500 500
1,200 1,200 1,200 1,200 1,200 1,200
(L-4) (L-4) (L-4) (L-4) (L-4) (L-4)
1,200 1,200 1,200 1,200 1,200 1,200
Interior Access Yes — Yes Yes Yes Yes Proposed
(L-4) (L-4) (L-4) (L-4) (L-4) (L-4)
Accessory Structures Yes Yes Yes Yes Yes Yes
Roof Decks Yes — Yes Yes Yes Yes Existing
Attached Accessory
Dwelling Unit
Other Development Standards
Density/Intensity of Use - Lot Dimensions
Minimum Floor Area (sq. ft.)
Maximum Floor Area for Accessory Dwelling Units (sq. ft.) Detached Accessory
Dwelling Unit
Table 11.2.05.015.E.1
RLD-15 DISTRICT—SPECIFIC TRACT DEVELOPMENT STANDARDS (Abridged) TRACT 6345 (Bridgeport)
Development
Standard Required Standard
Building Setbacks:

Front Yard: First Floor 6 feet - Lot 30 and 31.
8 feet - All remaining lots.

Front Yard: Second
Floor 50 feet.

Rear Yard 2 feet.

Interior Side Yard 6 feet on 1 side - opposite side yard is 0-foot minimum setback.

Street Side Yard 3 feet.

Maximum Height Limit 25 feet overall
Number of Stories 2-story lots - maximum of 24 lots without ADU permits.

ADU's
2nd story ADU additions allowed on 1-story lots with mandatory 2 foot rear setback and exterior staircases for access. Interior access to primary unit is prohibited.

Proposed
Allowable Floor
Areas:

First Floor 1,250 square feet minimum.

Second Floor 300 square feet minimum; 800 square feet maximum.

Fence Height 3 feet in front yard setback area.
8 feet outside of front yard setback area.

Required Landscaping 40% of required front yard.

Patio Covers Not permitted in front, rear, or side yard setback area.

While the revised ADU regulations would allow additional 2nd stories to be added, the proposed prohibition of interior access into the primary home would ensure that these state-mandated regulations would not be used by a homeowner to simply circumvent the restriction on the number of 2nd story homes. If a homeowner were allowed interior access, it would be a very simple matter to just remove the exterior staircase entrance “when no one was watching.” The result would not only be inconsistent with the existing CC&R’s and City zoning code, but also, as noted by staff, inconsistent with the intent of the State law to maintain the primary home and ADU as separate units.

Sincerely,
Robert Goldberg
Former Seal Beach Planning Commissioner
*RLD-15 means Residential Low Density, 15 units per acre August 14, 2023
Dear City Councilmembers,
I am a 21-year Bridgeport resident who strongly supports staff’s current recommendation to prohibit interior access between a primary home and an attached ADU. As the staff report states, prohibiting interior access citywide is the best way to “clearly maintain the primary unit and ADU as separate units, as is the intent of the law.”
I urge that a motion be made to reinsert Staff’s recommended language into the ordinance: “Interior access between the primary unit and the ADU shall be prohibited.” If this motion for a citywide prohibition fails, I would then beseech the Council to consider the pleadings of Bridgeport residents for a narrow prohibition that applies to Bridgeport only.

I have been informed by my Council representative that the City Attorney has “determined that it would be difficult to enforce this [prohibition] since RLD-15* zoning is not just in Bridgeport but is also located in other areas of Seal Beach. Therefore, this requirement would not be able to be applied uniformly in this particular zoning designation.” However, this determination appears to be incorrect for several reasons.

Firstly, my review of the current City zoning maps viewable online at https://www.sealbeachca.gov/Departments/Community-Development/Planning-Development/ZoningMaps confirms my long-term understanding the RLD-15 zoning designation is only found in the Bridgeport neighborhood. If this is not correct, then staff should be asked at the meeting to display the map that shows RLD-15 elsewhere.

11.2.05.015 (abridged to reduce size). I have added a proposed new row to the ADU section of this Table that would simply and clearly facilitate the uniform application of a prohibition against interior access.

Thirdly, instead of including the prohibition in Table 11.2.05.015, it could alternatively be added to the existing zoning tables of “RLD-15 District – Specific Tract Development Standards” that apply very unique standards to Bridgeport only. Each of the three Bridgeport tracts has its own similar, but not identical, table. An abridged version of the table for Tract 6345 (which includes the current ADU application) is shown below. I have added a new row for ADU’s that includes a prohibition against interior access. These tract-specific tables were added to the zoning code in 2004, and have been “applied uniformly” successfully since then.

In summary, at least 19 years of experience in uniformly applying both zone-specific and tractspecific standards does not support the City Attorney’s current assessment to the contrary.

Sincerely,
Robert Goldberg
Former Seal Beach Planning Commissioner
*RLD-15 means Residential Low Density, 15 units per acre 1 Gloria Harper
From: Susan Perrell <[email protected]>
Sent: Sunday, August 13, 2023 2:09 PM
To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; [email protected]
Subject: ADU Amendment to the City Zoning Code_ August 14 2023 Dear City Council Members,
Thank you for the opportunity to provide input on the draft amendment to the Seal Beach ADU Zoning Code. In July 2023, the City Planning Staff drafted an amended ADU ordinance (“Draft”) for consideration by the Planning Commission. The Draft conformed to State ADU requirements while also helping to preserve, to an extent possible, the current, long standing, tract-specific Zoning Code that caps the number of 2-story homes in certain RLD-15 District Tracts. Tables 11.2.05.015.E.1, 11.2.05.015.E2, and 11.2.05.015.E.3 of the Zoning Code prohibit any additional 2-stories in Bridgeport’s RLD-15 District Tracts 6345, 6346, and 9814, respectively. These codified “caps” on two story homes have served for decades to protect the unique architectural design, character, sky scape, light, privacy, and livability of the Bridgeport neighborhood. Since these same caps are also contained within the respective Tract CC&Rs, all Bridgeport homeowners "bought in” to them before purchasing their homes.

Because the intent and purpose of the State ADU laws is to create new housing units, not larger houses, the state requires ADUs to have exterior entrances. The Draft complied with State ADU requirements by allowing second story ADU additions, but it did not create additional ADU privileges beyond state requirements, such as allowing interior access to second story ADUs. To “guardrail” against second story home expansions “masquerading” as ADUs to circumvent second story zoning restrictions, the Draft prohibited interior stairway access to second story ADUs.

Unfortunately, the Draft prohibition of interior stair ADU access was applied to all zoning Districts and Tracts, not just the RLD-15 Tracts 6345, 6346, and 9814, where Code prohibits second story additions. So, while serving to uphold the existing Code for Bridgeport, the prohibition "reduced flexibility” in other Districts, and was therefore omitted by the Planning Commission. If the interior stair access prohibition had been - more appropriately - applied to Bridgeport Tracts only, the Planning Commission may well have unanimously approved it. I hope that the Council will consider that opportunity.

The August draft ADU Amendment will give all Seal Beach homeowners the privilege to add second story ADUs with interior stairway access. Unfortunately, for Bridgeport, the resulting additions will be indiscernible from prohibited (non-ADU) second story home expansions. This will unnecessarily undermine Bridgeport’s unique character and livability... without achieving the purpose of ADU laws.

Proponents of interior stairways to second story ADU additions claim that the required exterior stair access is insufficient for providing safe, quality elder care. The chief proponent of that argument is a Bridgeport resident who has applied for a permit to build a second story in a tract where it is prohibited by Code and by CC&Rs. Her current 1431 square foot, one-story home contains a close grouping of 3 bedrooms that could easily accommodate an overnight caregiver within earshot of the primary bedroom. However, she claims it is not possible to safely age-in-place without having a new interior staircase leading to a new 669 square feet second story 4th bedroom that is as far away from her primary bedroom as possible. We know that aging-in-place does not require a two-story, four-bedroom, 2100 square foot home. Other residents in the same tract have created caregiver space using an adjacent bedroom within their single-story homes, where that care is more accessible, immediate, safe, and less costly.

Let’s be honest and fair as we amend our Zoning Code:
 Let’s not facilitate the misuse of State ADU laws to circumvent our City’s zoning laws. 2  Let's aim our ADU Zoning amendment to support the intent and purpose of the State ADU law: to increase the number of housing units and decrease the cost of housing; not to increase the size and cost of a house.  Let’s aim at preserving the unique character, sustainability, and livability of our Seal Beach neighborhoods.

I ask that the City Council support the Planning Staff’s current recommendation to prohibit interior access to ADU’s, most critically, for the unique Bridgeport tracts where additional second stories are prohibited by our current zoning code. Thank you for your consideration.

Susan Perrell
417 Galleon Way
Seal Beach, CA 90740

1 Gloria Harper
From: Robert Elsner <[email protected]>
Sent: Sunday, August 13, 2023 8:14 PM
To: Thomas Moore; Schelly Sustarsic; Nathan Steele; Lisa Landau; Joe Kalmick Cc: Gloria Harper; Alexa Smittle; [email protected]
Subject: Amendment to Seal Beach ADU Zoning Code
August 13, 2023
RE: Amendment to Seal Beach ADU Zoning Code
Dear City Council Members:

As a long-term owner of a home in the Bridgeport Community, I am wriƟng to express my concerns regarding the proposed amendment to the ADU Zoning Code recently approved by the Planning Commission.

When I purchased my home in 1979, I was drawn by the uniqueness of this master-planned community that afforded privacy and quietude to each homeowner, notwithstanding the zero-lot line design. The perfect layout of single and two-story homes precludes neighbors from viewing into courtyards or windows of adjacent homes. Since 1979, the unique design of this community was protected by provisions in the tract CC&R’s that prohibited second-story addiƟons to the exisƟng single-story homes. The key importance of this prohibiƟon was recognized by the City and added to the City zoning code in 2004.

While I understand that State law now mandates that 2nd story ADU’s be allowed on one-story Bridgeport lots, the draŌ amendment to the ADU Zoning Code goes beyond what is mandated to actually encourage these developments. Specifically, by allowing interior access to an above garage ADU, homeowners will have the ability to convert their one story to two stories with no requirement to ever rent the ADU. This effecƟvely guts the prohibiƟon against second-story units that has been in effect for over fiŌy (50) years.

If an ADU unit is built on the single-story home adjacent to my home, windows from this second-story could view directly into my courtyard as well as the courtyard of the home on the other side, jeopardizing the privacy characterisƟc of the community.

Since the State enacted the ADU law in 2017, the Planning Department staff has expended significant Ɵme invesƟgaƟng issues surrounding ADU’s. Based on the staff’s study and experƟse, it concluded that interior access to second story ADU’s should be prohibited and recommended this provision to the Planning Commission. Staff’s reasoning for this prohibiƟon is sound and should be adopted by the City Council. State law gives ciƟes the opƟon of prohibiƟng interior stairway access to aƩached ADU units. I urge that the City Council take advantage of this opƟon before it is taken away by another State law, at a minimum as it applies to the Bridgeport Community.

Yours truly,
Robert H. Elsner
310 Corsair Way
2 1
Gloria Harper
From: Lisa Mosa <[email protected]>
Sent: Monday, August 14, 2023 3:15 PM
To: Gloria Harper
Subject: Re:

My letter was supporting ADUs in the Bridgeport area.

Sent from my iPhone
On Aug 14, 2023, at 12:39 PM, Gloria Harper <[email protected]> wrote:

Hi Lisa,

I am circling back to inform you that I am unable to open your attachments. Please resend prior to 5pm today, August 14th.

Thank you,

Gloria Harper, City Clerk
City of Seal Beach
211 Eighth Street
Seal Beach CA 90740
(562) 431-2527 Ext. 1305
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Item L
Zoning Text Amendment 23-1
Accessory Dwelling Units (ADUs)
City Council
August 14, 2023

BACKGROUND
• California Department of Housing and
Community Development (HCD) Review
• AB 2221 and SB 897
• California Government Code Sections – 65852.2,
65852.22, 65852.23
HEIGHT
(MANDATORY)
• A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
• A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. • A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
• A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. The local agency is not required to allow an accessory dwelling unit to exceed two stories.

UNPERMITTED ADUS FROM BEFORE JANUARY 1, 2018
(MANDATORY)
• Prohibition from denying a permit for an unpermitted ADU that was constructed before January 1, 2018, due to the fact that the unit is in violation of building standards or state and local ADU standards, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
• This provision does not apply to buildings deemed substandard pursuant to 17820.3 of the Health and Safety Code.

FRONT YARD SETBACK
(MANDATORY)
• Statewide Exemption ADU
• Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

INTERIOR ACCESS IN JADUS
(MANDATORY)
• Interior access required for JADUs without a bathroom. • Exterior entrance is required.

OWNER OCCUPANCY REQUIREMENTS
(DISCRETIONARY)
• A local agency may require owner-occupancy of either a primary dwelling or an ADU on a single-family lot after January 1, 2025.

BRIDGEPORT SECOND FLOOR STEPBACK
(DISCRETIONARY)
• In the RLD-15 zone, where a second-floor step-back in the front is required given the small lots and reduced setbacks of that zone, in order to maintain the required second-floor step-back and a consistent development pattern in that neighborhood. when an ADU is proposed on the second floor, in cases where a second floor does not already exist, the ADU shall be developed above the rear portion of the primary structure and the wall of the ADU closest to the rear property line shall be uniform in placement to the rear wall of the primary structure. In cases where a second floor does already exist, the ADU shall be constructed contiguous to the second-floor section of the primary residence.

INTERIOR ACCESS IN ADUS
(DISCRETIONARY)
• Separate item than JADUs with no bathroom.
• Exterior entrance is required in all scenarios.
• Staff recommended to Planning Commission to prohibit. • Planning Commission recommends to the City Council to not prohibit.

RECOMMENDATION
• Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve Zone Text Amendment 23-1 for ADUs and JADUs.
• Introduce, waive full reading, and read by title only Ordinance 1706, an Ordinance amending Title 11 of the City of Seal Beach Municipal Code pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units and finding the Ordinance to be exempt from the California Environmental Quality Act.

Seal Beach City CouncilAugust 14, 2023

Seal Beach City Council
August 14, 2023