pursuant to Government Code section 65585, subdivision (b) (AB 215, Statutes of 2021), any subsequent draft revision, the local government must post the draft revisions on its website and email a link to all individuals and organizations that have previous requested notices related to local governments housing element at least seven days before resubmitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Seal Beach’s 6th Cycle Adopted Housing Element Page 1 April 8, 2022
APPENDIX
CITY OF SEAL BEACH
The following changes are necessary to bring the City’s/County’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
While the element included an updated evaluation of past programs, it did not provide a cumulative evaluation of the effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers, and persons experiencing homelessness). Please see HCD’s prior review.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement and Outreach: While the element was revised to incorporate some information on fair housing enforcement and outreach capacity, it did not list local, regional, state agencies, and organizations active in the locality beyond the Fair Housing Council of Orange County (FHCOC). Additionally, the element must describe the primary activities and capacity of fair housing entities or the city’s capacity to take action such as providing dedicated resources. The element must also identify and discuss findings, lawsuits, or enforcement actions related to fair housing. Lastly, the element it must also describe the City’s compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity. For additional information, please see pages 28-30 on HCD’s affirmatively furthering fair housing (AFFH) Guidance Memo at https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml.
City of Seal Beach’s 6th Cycle Adopted Housing Element Page 2 April 8, 2022
Goals, Actions, Milestones and Metrics: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies programs to encourage and promote affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements. Actions must have specific commitment, metrics and milestones as appropriate and must generally address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection. Additionally, given that most of the City is considered a high resource community, the element could focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing.
2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Stock Condition: While the element was revised to state that “very few homes are in need of any significant repair, based on staff observations”, it still does not address this finding. As stated in HCD’s prior review, the element must estimate the number of housing units in need of major rehabilitation or replacement during the planning period. The analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers/property managers, including nonprofit housing developers or organizations.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 1,243 housing units, of which 459 are for lower-income households. To address this need, the element relies on rezoning nonvacant sites. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include a complete analysis:
Electronic Sites Inventory: While the element submitted an electronic sites inventory, the inventory did not include the required information. For example, several sites do not include affordability levels. Additionally, under columns “O” and “P,” the minimum and maximum allowable densities are listed as “N/A.” Lastly, the element states that several of these sites are made up of individual parcels that will be lot consolidated. The sites inventory should use the “optional information” column to indicate which sites will be consolidated.
City of Seal Beach’s 6th Cycle Adopted Housing Element Page 3 April 8, 2022
Lot Consolidation: The revised element now includes a parcel specific inventory which shows several sites with small parcels that would require consolidation. The element must demonstrate the potential for lot consolidation by providing analysis describing the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. Additionally, the analysis should discuss whether the City will be rezoning each individual parcel identified in the sites inventory or rezoning sites after lot consolidation.
Realistic Capacity: While the element was revised to adjust capacity assumptions based on the net acreage of a site that will be developed as residential, the element still must provide support for these assumptions. As stated in HCD’s prior review, the estimate of the number of units for each site must be adjusted as necessary, based on the land-use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
Additionally, the element did not address HCD’s prior review regarding demonstrating the likelihood of residential in zones that allow 100 percent nonresidential uses. As stated in HCD’s prior review, the element must account for the likelihood of 100 percent nonresidential uses. The element should include analysis based on factors such as development trends, performance standards or other relevant factors. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly.
Suitability of Nonvacant Sites: While the element was revised to include a list of factors that were considered when identifying redevelopment potential on nonvacant sites including existing uses, improvement-land value (ILV) of less than 1.0 and property owner interest, the analysis should describe why and how these factors demonstrate that these sites are suitable for development. For example, the element listed regional examples in figure B-1. To better relate these examples to the factors identified, the element could include information on the site characteristics of each regional project such as ILV and existing uses. Additionally, the element should clearly indicate which factors were considered on a site-by-site basis. For example, the element provides an individual analysis of each site but does not reference each factor for each site. The element should clearly describe the methodology for identifying sites. While the revised element now includes a site-by-site analysis, there were several discrepancies between the analysis and the electronic sites inventory.
• 1011 Seal Beach–The element lists this site in both the current inventory and as a candidate site for rezoning. The element should either describe why this site has been identified as both inventories or should remove this site from one of the inventories.
City of Seal Beach’s 6th Cycle Adopted Housing Element Page 4 April 8, 2022
• Old Ranch Town Center–The element identified this site as a candidate site for rezoning to accommodate a portion of the City’s lower-income shortfall. The analysis states that the owner is considering a proposal for 120 units; however did not indicate if that proposal including affordable units as the inventory is assuming. Additionally, the element lists the minimum and maximum densities as “N/A.” The element must state the proposed allowable densities for the site. HCD also received public comment that this site is across the street from active air base runaways. The element should discuss whether any airport noise ordinance or other restriction is applicable to this site or would affect its development potential. Lastly, the analysis stated that the site is made up of several parcels that equate to 26 acres. However, the inventory includes only ten parcels equating to 22 acres.
• Leisure World–The element identified redeveloping a portion of this site for 150 units; however provided no analysis on why this site is likely to redevelop. • Seal Beach Plaza–The analysis stated that this is a seven acre site where 2.5 acres will redevelop into residential. However, the sites inventory does not contain any sites or parcels that equate to seven acres. • Sunset Aquatic Marina–The analysis states that a portion of this site is a shipyard for boats; however the inventory lists this site as a County Regional Park. • 99 Marina Drive–The analysis states that the existing uses on this site consist of a handball court; however the inventory lists this site’s existing uses as an abandoned oil separation facility.
In addition, for your information, the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the resolution of adoption includes the appropriate findings, any changes to the analysis should be reflected in future re-adoption of the element.
Military Sites: The element identified a Navy owned site titled the Naval Weapons Station (parcel number 043-150-23) to accommodate 150 units of the City’s RHNA. The element indicated that the Navy has solicited information from interested developers and is generally expecting a mixed-use project where development will commence in 2024. Additionally, the element stated that the City does not have land use authority over the site (IV-41). The element must have additional analysis about the site including what agency (City or military) will be facilitating zoning and permitting, which agency has control over the site, whether the site is in the City’s limits, and a contingency plan if the Navy chooses to not develop the site for housing. Lastly, the element should include a program committing to coordinating with the Navy to encourage and facilitate development on this site.
Availability of Infrastructure: While the revised element stated that all necessary infrastructure is in place, the element must describe sufficient water, sewer, and infrastructure capacity to meet the RHNA.
City of Seal Beach’s 6th Cycle Adopted Housing Element Page 5 April 8, 2022
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element was not revised to address this finding. Please see HCD’s prior review.
Local Processing and Permit Procedures: While the revised element included some information regarding conventional uses, the element did not address this finding.
Please see HCD’s prior review.
Constraints on Housing for Persons with Disabilities:
• Residential Care Facilities of Seven or More Persons: HCD’s prior review stated that it is unclear how and where the city permits residential care facilities for seven or more. The element was revised to state that due to the “potential for neighborhood impacts” these uses are directed to nonresidential districts and subject to findings related to compatibility with surrounding neighborhood uses.
Excluding these uses from residential zones and/or subjecting these uses to subjective findings is generally considered a constraint and the element should include programs committing to approval of these uses with objectivity and certainty.
• Residential Care Facilities of Six or Fewer: While the element was revised to clarify that residential care facilities of 6 or fewer are allowed in all residential zones and subject to the same restrictions as other residential uses, the element indicated that group homes of six of fewer are only permitted in the RHD district and subject to a minor use permit. Excluding group homes from residential zones and subjecting them to a different process from similar residential uses is a constraint. The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. • Reasonable Accommodation: The revised element states that reasonable accommodation requests are subject to notice, review, and approval by planning commission and similar findings that are prescribed for a conditional use permit (IV -19). Additionally, the City’s conditional use permit findings includes impacts City of Seal Beach’s 6th Cycle Adopted Housing Element Page 6 April 8, 2022
on surrounding uses (pg. IV-29). Granting a reasonable accommodation is a unique exception process from a conditional use permit. Given its importance in addressing barriers to housing for persons with disabilities, the element should include a program committing to removing constraints, namely the “potential impact on surrounding uses” approval finding. See sample RA ordinance.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) Approval Time: While the element was revised to include analysis of requests to develop housing at densities below those anticipated, it must still analyze the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.
Code, § 65583, subd. (c).)
Program 2B (Affordable Housing Resources): While the element added additional actions, it did not include information on implementation or timeline. Specifically, while the revised program commits to “exploring opportunities for affordable housing development when development opportunities arise, the element should commit to proactively outreaching with developers on an annual basis.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need City of Seal Beach’s 6th Cycle Adopted Housing Element Page 7 April 8, 2022
for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As stated in HCD’s prior review and noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must generally address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. In addition, Program 5A should also describe how all the City’s housing programs comply with and further the requirements and goals of Government Code section 8899.50, subdivision (b).
5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and City of Seal Beach’s 6th Cycle Adopted Housing Element Page 8 April 8, 2022
Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
Program 1H (Accessory Dwelling Units(ADUs)): While the element now states that the City will consider revisions to the existing ADU ordinance, as stated in HCD’s prior review, the current ADU ordinance is not consistent with state law. As a result, the element should firmly commit to updating the ordinance to be complaint with state law.
Additionally, as stated in HCD’s prior review, the element must include a program that incentivizes or promotes ADU development for lower and moderate-income households.
While the element included a program updating the ADU ordinance, the City program should commit to actions that incentivize or promote ADU development beyond updating the City’s website. This can take the form of flexible zoning requirements, development standards, or processing and fee incentives that facilitate the creation of ADUs, such as reduced parking requirements, fee waivers and more. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element was not revised to address this finding. Please see HCD’s prior review. dated November 19, 2022.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element was revised to include two additional stakeholder organizations (C-3) and state that affordable housing developers were invited to participate, the element generally did not address HCD’s prior finding. In addition, the element should describe outreach relative to affirmatively furthering fair housing. This outreach is particularly important to informing fair housing issues, contributing factors and appropriate goals and actions. Please see HCD’s prior review.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 18, 2024
Alexa Smittle, Director
Community Development Department
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
Dear Alexa Smittle:
RE: City of Seal Beach’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Thank you for submitting the City of Seal Beach’s (City) revised draft housing element update received for review on April 19, 2024. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The draft housing element addresses many statutory requirements described in HCD’s October 30, 2023 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Goals, Priorities, Metrics, and Milestones: While the element was revised to include Program actions to address housing mobility enhancement, it must be further revised to include actions that provide new housing choices and affordability in high opportunity areas, and place-based strategies for community preservation and revitalization and displacement protection. As stated in HCD’s prior review, all program actions must have specific commitment, metrics, and milestones as appropriate.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Alexa Smittle, Director
Realistic Capacity: While the element was revised to state sites in the City’s sites inventory are assumed to develop at a capacity of 80 percent of maximum density, the element does not fully address the likelihood of 100 percent nonresidential uses on sites in the inventory in nonresidential zones. The element should analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly.
Suitability of Nonvacant Sites: While the element was revised to provide clearer examples of development surrounding the City in Table B-4 and discusses certain characteristics that these sites share with sites in the inventory on pg. B-12, the characteristics of these sites are not clearly linked to sites selection criteria on Page B-15, nor are they linked to specific sites in the City’s inventory. In addition, the examples in Table B-4 for comparable residential/mixed-use redevelopment projects in neighboring cities should include all projects within a specific timeframe (e.g., last five years). The element should analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly.
In addition, absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the regional housing need allocation (RHNA). Please see HCD’s prior review for additional information.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/planning-and-community-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Programs: As noted above, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other Alexa Smittle, Director
exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).)
Local Processing and Permit Procedures: The element was revised to clarify that the City does not have an approval procedure for housing for agriculture employees and supportive housing. The element includes Program r (Allow Employee/Farmworker Housing Consistent with State Law.); however, this program should be revised to provide a specific date as to when the City will amend the Zoning Code to allow employee housing consistent with Health and Safety Code §17021.5 and 17021.6. In addition, the element includes Program 1k (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing) to address supportive housing; however, this program should also be revised to clarify that the code amendment related to addressing emergency shelter requirements will also address requirements relating low barrier navigation centers and supportive housing.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Approval Time: While the element states approval timelines for single-family and multi-family projects in Seal Beach are difficult to estimate because the City has not received any housing applications in last several years, the City should still provide an estimate on the length of time between receiving approval for a housing development and submittal of an application for building permits based on the level of review, approval findings and any discretionary approval procedures.
5. Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) Alexa Smittle, Director
The housing element was not revised to meet this requirement. As noted on the previous review the element must discuss outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops, and if translation services were provided. In addition, the element should describe when the element was made available to the public and summarize the public comments and describe how they were considered and incorporated into the element.
The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and Program 1A (Provide Adequate Sites for Housing Through Updates to the General Plan and Zoning Ordinance) has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Alexa Smittle, Director
HCD appreciates the assistance the City’s housing element team provided during the course of our review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 19, 2021
Alexa Smittle, Director
Department of Community Development
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Alexa Smittle:
RE: City of Seal Beach’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Seal Beach’s (City) draft housing element received for review on September 21, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on November 17, 2021 with you and Marco Cuevas, Assistant Planner. In addition, HCD considered comments from People for Housing Orange County; the Kennedy Commission’ and Schelly Sustarsic of the Seal Beach City Council; District 4, pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Alexa Smittle, Community Development Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mashal Ayobi, of our staff, at [email protected].
Sincerely,
Paul McDougall
Enclosure
Senior Program Manager
City of Seal Beach’s 6th Cycle Draft Housing Element Page 1 November 19, 2021
APPENDIX
CITY OF SEAL BEACH
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The review requirement is one of the most important features of the element update. The review of past programs should analyze the City’s accomplishments over the previous planning period. This information provides the basis for developing a more effective housing program.
The element must evaluate the appropriateness of the goals, objectives, policies, and programs. While the element states if a program is to be continued in the 6th cycle housing element, it should also indicate if modifications are necessary to achieve better results in the new housing element cycle. The element must provide a narrative describing what has been learned based on the analysis or effectiveness of the previous element.
In addition, as part of the evaluation of programs in the past cycle, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness). For more information, See HCD’s Building Blocks at https://www.hcd.ca.gov/community-development/building-blocks/getting-started/reviewrevise.shtml.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) The element has some basic information and maps on racial demographics, poverty status, and TCAC opportunity areas. However, the element generally does not address this requirement. The element, among other things, must include outreach relevant to affirmatively furthering fair housing (AFFH), a full assessment of fair housing, identification, and prioritization of contributing factors to fair housing issues and goals City of Seal Beach’s 6th Cycle Draft Housing Element Page 2 November 19, 2021
and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity, as detailed below.
For more information, please visit https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
While the element quantifies the existing housing needs of extremely low-income (ELI) households, it must still quantify projected ELI housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of very low-income households qualify as ELI households.
3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Conditions: The element identifies the age of the housing stock. However, it must estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers/property managers, including non-profit housing developers or organizations.
Overpayment by Tenure: While the element identifies the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner), including lower-income households. In addition, the element must identify and analyze median housing prices for rental units in addition to for-sale units.
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 3,236 housing units, of which 1,293 are for lower-income households. To address this need, the element relies on underutilized sites. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses:
Parcel Listing: The element must list sites, including candidate sites for rezoning, by parcel number or unique reference and describe existing uses for any nonvacant sites with sufficient detail to facilitate an analysis of the potential for additional development.
In addition, Table B-3, which shows candidate sites to rezone, must be revised to identify proposed general plan designation, zoning district and affordability levels.
City of Seal Beach’s 6th Cycle Draft Housing Element Page 3 November 19, 2021
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Realistic Capacity: The element must include an estimate of the number of units that can be accommodated on each site in the inventory. The estimate may rely on established minimum density standards or include analysis demonstrating how the number of units for each site was determined. (Gov. Code, § 65583.2, subd. (c).) The estimate of the number of units for each site must be adjusted as necessary, based on the land-use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element should describe the methodology used for calculating realistic capacity and should support for those assumptions.
For sites zoned for nonresidential uses (e.g., commercial, and mixed-use zones), the element must describe how the estimated number of residential units for each site was determined. The estimate must also account for land-use controls such as allowing 100 percent nonresidential uses. To demonstrate the likelihood for residential development in nonresidential zones, the element could describe any performance standards mandating a specified portion of residential and any factors increasing the potential for residential development such as incentives for residential use, and residential development trends in the same nonresidential zoning districts.
Suitability of Nonvacant Sites: The element must include an adequate methodology to demonstrate the potential for additional development on nonvacant sites. For example, the element identifies the Leisure World Community, an established senior community, and several commercial sites, but it must also analyze whether the existing uses on these sites would impede residential development within the planning period. Specifically, the methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the City’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on nonvacant sites.
In addition, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on City of Seal Beach’s 6th Cycle Draft Housing Element Page 4 November 19, 2021
substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Replacement Housing Requirements: If the sites inventory identifies sites with existing residential uses, it must identify whether they are affordable to lower-income households or describe whether the additional residential development on the site requires the demolition of the existing residential use. For nonvacant sites with existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lower-income households within the last five years there must be a replacement housing program for units affordable to lower-income households. (Gov.
Code, § 65583.2, subd. (g)(3).) Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing program has the same requirements as set forth in Government Code section.65915, subdivision (c)(3). The housing element must be revised to include such analysis and a program, if necessary.
Availability of Infrastructure: The element must demonstrate sufficient existing or planned water, sewer, and other dry utilities supply capacity to accommodate the RHNA in the planning period. (Gov. Code, § 65583.2, subd. (b).) The element should also demonstrate access (existing or planned) to infrastructure and utility for identified sites.
Zoning for a Variety of Housing Types:
• Emergency Shelters: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 25-bed limit as a potential constraint for the development of emergency shelters and must amend its emergency shelter parking requirements to comply with AB 139/Government Code section 65583, subdivision (a)(4)(A)).
• Accessory Dwelling Units (ADU): After a cursory review of the City’s ordinance, HCD discovered several areas which are not consistent with State ADU Law. This includes, but is not limited to, height restrictions, requirement of setbacks for junior accessory dwelling units (JADUs), restricting bedroom count, open space requirements, among others. HCD will provide a complete listing of ADU noncompliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance to comply with state law. For more information, please consult HCD’s ADU Guidebook, https://www.hcd.ca.gov/policyresearch/accessorydwellingunits.shtml.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions City of Seal Beach’s 6th Cycle Draft Housing Element Page 5 November 19, 2021
required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls. The analysis should specifically address requirements related to two-story height limits in the RHD-20 zone, flood zone heights, minimum unit sizes for studio and one-bedroom multifamily units and development standards for residential in commercial zones. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints. Possible examples include, but are not limited to, whether 100 percent residential developments are allowed in mixed-use areas, 950 square foot minimum unit size requirements for onebedroom units in the RHD-20 zone, parking standards for studio and one bedroom units and maximum lot coverage of less than 50 percent for multifamily housing. The element should include programs to address or remove the identified constraints.
Local Processing and Permit Procedures: While the element provides some general permit processing information, it must describe and analyze the City permit processing and approval procedures by zone and housing type (e.g., multifamily, mobile homes, housing for agricultural employees, supportive housing). Specifically, the element must clarify what types of development fall under the definition of “conventional residential uses” on page IV-22 and if there are any size or other limitations related to multifamily projects that can or cannot be approved at the directorate level. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings, any discretionary approval procedures and number of hearings.
Streamlined Ministerial Approval Permit Procedures: The element should describe the City’s SB 35 (Chapter 366, Statutes of 2017) streamlined ministerial approval procedure and include programs if appropriate.
Building Codes and Their Enforcement: The element must describe the City’s building and zoning code enforcement processes and procedures, any local amendments to the building code and analyze their impact as potential constraints on housing supply and affordability
Zoning, Development Standards, and Fees: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards, and fees on the City’s website and include programs if appropriate.
Constraints on Housing for Persons with Disabilities: The element must include a description and analysis of potential constraints on housing for persons with disabilities, as follows:
City of Seal Beach’s 6th Cycle Draft Housing Element Page 6 November 19, 2021
• Definition of Family: The element defines a family as “or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities. Members of a “family” need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity, or sorority house. (p. IV14).” The element should analyze any requirement subjecting housing for persons with disabilities to families being related by blood as a constraint on housing for persons with disabilities and add or modify programs as appropriate. • Residential Care Facilities for Seven or More Persons: The element is unclear on how and where residential care facilities for seven or more persons are permitted. The element should analyze requirements for these types of housing, and if they do require a Conditional Use Permit (CUP) or are excluded from residential zones, specifically analyze these constraints for impacts on housing choices, approval certainty and objectivity for housing for persons with disabilities and include programs as appropriate. • Residential Care Facilities with Six or Fewer Persons: Table IV-3 distinguishes between two types of housing where “Group Homes” are only allowed with a minor use permit in the RHD zone and “Residential Care Facilities- Limited” are allowed in all residential zones. The City should clarify the differences between the definitions for “Group Homes” and “Residential Care Facilities” identified in the municipal code, analyze any constraints on housing for persons with disabilities and add or modify programs as appropriate.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Approval Time and Requests Lesser Densities: The element must include analysis of requests to develop housing at densities below those identified, the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially. The element must address any hinderance on the development of housing and include programs as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
While the element quantifies the number of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter, it should complete the analysis and discuss available resources and the magnitude of need to better inform appropriate policies and programs. Local officials, special needs service providers or County social and City of Seal Beach’s 6th Cycle Draft Housing Element Page 7 November 19, 2021
health service providers may be able to assist with information to complete the analysis.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must provide discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period and quantify objectives where feasible. Additionally, all programs should be evaluated to ensure meaningful and specific actions and objectives. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include specific and measurable actions. Examples of programs to be revised include but are not limited to:
• Program 1E (Innovative Land Use and Construction Techniques): The Program should describe how the City will encourage the use of innovative techniques and how the City will provide flexibility.
• Program 2B (Affordable Housing Resources): This program lists specific actions the City will take but must also include definitive timeframes. The Program could describe if the City is part of the Orange County Trust Fund. In addition, the Program should describe how a developer would access the affordable housing incentives, what incentives are offered and incentives beyond State Density Bonus Law (Gov. Code § 65915).
• Program 2C (Land Write Downs and Assistance with Off-Site Improvements): The Program should detail how and with what resources the City will subsidize the cost of land and off-site improvements.
• Program 3D (Local Coastal Program): The Program requires a definitive timeframe (e.g., month or quarter).
• Program 4C (Housing Conditions Monitoring): Specific timing is needed for actions. • Program 6B (Smart Growth): The actions of this program should be specific and have a discrete timeframe.
2. Identify actions that will be taken to make sites available during the planning period City of Seal Beach’s 6th Cycle Draft Housing Element Page 8 November 19, 2021
with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
In addition, the element describes a shortfall of sites and indicates rezoning will occur to accommodate the RHNA. While the element includes Program 1 (Adequate Sites), it must specifically commit to acreage, allowable densities, and anticipated units. In addition, if necessary, to accommodate the housing needs of lower-income households, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). Specifically, the Program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval;
• accommodate a minimum of 16 units per site;
• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) ELI and Special Needs Households and Individuals: While the element includes Program 2B (Affordable Housing Resources), the element must include program(s) to assist in the development of housing affordable to ELI households. Programs must be revised or added to the element to assist in the development of housing for ELI City of Seal Beach’s 6th Cycle Draft Housing Element Page 9 November 19, 2021
households. In addition, the element should include specific actions to address the housing needs of special needs households. Program actions could include prioritizing some funding for housing developments affordable to ELI households or households with special needs and offering financial incentives or regulatory concessions to encourage the development of housing types, such as multifamily, single-room occupancy (SRO) units, to address the identified housing needs for ELI households.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. Currently the element only, and insufficiently, addresses affirmatively furthering fair housing in Program 5A. The element could revise other program actions to address the City’s obligation to AFFH including how programs address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. In addition, Program 5A should also describe how all the City’s housing programs comply with and further the requirements and goals of Government Code section 8899.50, subdivision (b).
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent… ….for very low, low-, or moderate-income households... (Gov. Code, § 65583, subd. (c)(7).)
City of Seal Beach’s 6th Cycle Draft Housing Element Page 10 November 19, 2021
The element is required to include a program that incentivizes or promotes ADU development for very low-, low-, and moderate-income households. While element include Program 1C (Accessory Dwelling Units), the program could be expanded to include incentives to promote the creation and affordability of ADUs. Examples include exploring and pursuing funding, modifying development standards, and reducing fees beyond state law, increasing awareness, pre-approved plans, and homeowner/applicant assistance tools. Other strategies could include developing information packets to market ADU construction, targeted advertising of ADU development opportunities or establishing an ADU specialist within the planning department.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
While the element includes quantified objectives for construction and conservation on page V-15, it must also include quantified objectives for rehabilitation by income group.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) While the element includes a general summary of the public participation process (p. C1), it must also demonstrate diligent efforts to involve all economic segments of the community in the development of the housing element. The element should be revised to discuss outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops, and if translation services were provided. In addition, the element should describe when the element was made available to the public and summarize the public comments and describe how they were considered and incorporated into the element. Particularly, HCD received many valuable comments during the review of the housing element (provided under a separate cover) and encourages the City to evaluate these comments and incorporate revisions where appropriate.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 30, 2023
Alexa Smittle, Director
Community Development Department
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
Dear Alexa Smittle:
RE: City of Seal Beach’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Thank you for submitting the City of Seal Beach’s (City) draft housing element received for review on August 31, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Carol Churchill and David Kellogg pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes these and other revisions needed to comply with State Housing Element Law.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and Program 1A (Provide Adequate Sites for Housing Through Updates to the General Plan and Zoning Ordinance) to rezone 1,150 units has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website Alexa Smittle, Director
and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the assistance of the City’s housing element team provided during the course of our review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 3 October 30, 2023
APPENDIX
CITY OF SEAL BEACH
The following changes are necessary to bring the City’s housing element into compliance with Article
10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
While the element was revised to include a cumulative analysis on the housing needs of special needs populations in the previous cycle on page 1 and 2 of Appendix A, it must still provide further analysis detailing the effectiveness of specific past goals, policies and related actions. For example, the cumulative analysis for Large Households states that the “City continued to publicize programs and services that could meet the needs of this population,” but it does not specify what these programs and services entail or evaluate their effectiveness.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Goals, Priorities, Metrics, and Milestones: While the element was revised to include Program Actions 5a-5g that claim to affirmatively further fair housing (AFFH), these actions do not appear to facilitate any meaningful change nor address AFFH requirements. As stated in HCD’s prior review, actions must have specific commitment, metrics, and milestones as appropriate and must generally address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 4 October 30, 2023
level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Lot Consolidation: The element was not revised to meet this requirement. While Table B-2 provides some parcel-specific information, it does not provide the number of units broken down by income for each parcel number (APN) listed. Additionally, as stated in HCD’s prior review, because many of these APNs are less than half an acre and it is unclear whether they are being used to accommodate the City’s lower-income Regional Housing Needs Allocation (RHNA); the element must demonstrate the potential for lot consolidation by providing analysis describing the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation; conditions rendering parcels suitable and ready for redevelopment; recent trends of lot consolidation, and information on the owners of each aggregated site. The analysis should also discuss whether the City will be rezoning each individual parcel identified in the sites inventory or rezoning sites after lot consolidation.
Realistic Capacity: While the element was revised to provide additional analysis on a site-by-site basis for assumed development capacity, this analysis does not meet the requirements specified in HCD’s prior review. The element must describe how the estimated number of units was adjusted for each site based on the land-use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
Additionally, the element did not address HCD’s prior review regarding demonstrating the likelihood of residential in zones that allow 100 percent nonresidential uses. Please see HCD’s prior review.
Suitability of Nonvacant Sites: While the element was revised to include additional analysis for each site describing its “reason for selection,” the analysis does not address all the requirements specified in HCD’s April 8, 2022 review. Specifically, While the element was revised to provide additional examples of regional development in Figure B-1, the characteristics of these sites are not clearly linked to sites selection criteria on Page B-7, nor are they linked to sites in the City’s inventory. The element must be revised to demonstrate that the site selection criteria was developed based on recent patterns and trends in the region, and clearly indicate which criteria were considered on a site-by-site basis.
In addition, for your information, the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the resolution of adoption includes the appropriate findings, any changes to the analysis should be reflected in future re-adoption of the element.
Finally, it has come to HCD’s attention that a number of sites in the inventory (Shops at Rossmoor, Old Ranch Town Center, and Old Ranch Country Club) are under the jurisdiction of the Airport Land Use Commission (ALUC). While the element provides a City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 5 October 30, 2023
general analysis of ALUC requirements in the Governmental Constraints section, it should also provide analysis on a site-by-site basis demonstrating that these requirements do not affect the availability of the sites in the inventory during the planning period.
Military Sites: While the element was revised to include analysis demonstrating the Naval Weapons Station site is within the city limits and states that the City has “no zoning authority over the area,” Program 1s (Partner with the U.S. Navy and the Seal Beach Naval Weapons Station) also states that, “the City owns a small parcel of land within the fenced area of the Naval Weapons Station.” The element must be revised to clarify the process of development on this site, including what agency will be facilitating zoning and permitting, which agency has actual control over the site, and timing for development. In addition, if the City is not the permitting authority over the parcel, the element must demonstrate that there is an agreement with the entity controlling the land that grants the jurisdiction authority reporting new units to the California Department of Finance. Finally, while Program 1s was added to the element to encourage and facilitate development on the site, the program should be revised to include more definitive timelines for each program action and provide contingency actions if the site is ultimately not developed for housing. Alternatively, if plans for developing housing on the site are already being processed, the City should consider counting anticipated units on the site towards its existing RHNA progress. The City’s RHNA may be reduced by the number of new units built, approved, or pending since July 1, 2021; however, the element must demonstrate their availability and affordability in the planning period. The element must assign these units to the various income groups based on actual or anticipated sales price or rent level of the units or other mechanisms ensuring affordability (e.g., deed-restrictions) and demonstrate their availability in the planning period. To demonstrate availability, the element should address the status, anticipated completion dates, any barriers to development and other relevant factors such as build out horizons, phasing, and dropout rates.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Additionally, as noted in HCD’s April 8, 2022 review, while the revised element now includes a site-by-site analysis, there were several discrepancies between the analysis and the electronic sites inventory. The City should ensure that any future submittals of the electronic sites inventory match the inventory in the housing element submitted to HCD for review.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 6 October 30, 2023
required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Land-Use Controls: While the element was revised to provide sufficient analysis and program actions for two-story height limits in the RHD-20 zone, minimum unit sizes for multifamily units, it must still provide a complete analysis for flood zone heights and development standards for residential projects in commercial zones, including whether 100 percent residential developments are allowed in mixed use areas, parking standards for studio and one bedroom units, and maximum lot coverage of less than 50 percent for multifamily housing. See HCD’s prior review.
Local Processing and Permit Procedures: While the element was revised to add additional information on permit processing and approval procedures by zone, and some housing types, it must still clarify processing and approval procedures for mobile homes, housing for agricultural employees, and supportive housing. Additionally, the element should be revised to clarify if there are any size or other limitations related to multifamily projects that can or cannot be approved at the directorate level. Finally, the analysis must still evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings, any discretionary approval procedures, and number of hearings.
In addition, the element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.
Residential Care Facilities of Seven or More Persons: While the element was revised to clarify that group homes of six or more persons are conditionally permitted in the RHD (High Density Residential) zone, it was largely not revised to meet this requirement. As stated in HCD’s prior review, excluding these uses from residential zones and/or subjecting these uses to subjective findings is generally considered a constraint and the element should include programs committing to approval of these uses with objectivity and certainty.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 7 October 30, 2023
65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Approval Time: The element was not revised to meet this requirement. Please see HCD’s prior review.
C. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B3 and B4, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
City of Seal Beach’s 6th Cycle Subsequent Draft Housing Element Page 8 October 30, 2023
As noted in Finding B1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to revise or add programs.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) The element was not revised to meet this requirement. The element should be revised to discuss outreach to lower-income and special needs groups during the public participation efforts, solicitation efforts for survey responses, and participation in community workshops, and if translation services were provided. In addition, the element should describe when the element was made available to the public and summarize the public comments and describe how they were considered and incorporated into the element. Additionally, HCD received comments stating that residents of the community of Rossmoor were not properly notified that two sites bordering their community (The Shops and Rossmoor and Old Ranch sites) would be used in the City’s 6th cycle housing element. While Rossmoor is outside of the City boundaries in unincorporated Orange County, The City should still make efforts to include all effected parties moving forward as part of its housing element update and ensure that their comments are incorporated as appropriate.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 17, 2024
Alexa Smittle, Director
Community Development Department
City of Seal Beach
211 Eight Street
Seal Beach, CA 90740
Dear Alexa Smittle:
RE: City of Seal Beach’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Seal Beach’s (City) revised draft housing element update received for review on August 27, 2024. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element meets most of the statutory requirements described in HCD’s June 18, 2024 review. However, the housing element cannot be found in substantial compliance until the City has completed Program 1b (Mixed Commercial/Residential High Density Zone) to rezone sites to accommodate the regional housing needs allocation (RHNA) pursuant to Government Code section 65583.2, subdivision (c).
Pursuant to AB 1398, a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones pursuant to Government Code sections 65583, subdivision (c)(1) and 65583.2, subdivision (c) are completed. Once the City completes the program, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.
Furthermore, as nonvacant sites accommodate 50 percent or more of the lower-income need, the housing element must describe “substantial evidence” that the existing use does not constitute an impediment for additional residential use on the site. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Alexa Smittle, Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication the City of Seal Beach provided in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 19, 2023
City Manager Jill R. Ingram
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear City Manager Jill R. Ingram:
RE: Failure to Adopt a Compliant 6th Cycle Housing Element – Letter of Inquiry The purpose of this letter is to inquire about the status of Seal Beach’s (City) 6th cycle planning period (6th cycle) housing element pursuant to Government Code section 65588, subdivision (e). As you are aware, the 6th cycle update was due October 15, 2021.
Therefore, the City is out of compliance with State Housing Element Law (Article 10.6 (commencing with section 65580) of Chapter 3 of the Government Code). The California Department of Housing and Community Development (HCD) is requesting the City provide a specific timeline for (1) submitting an updated draft housing element and (2) obtaining compliance with State Housing Element Law no later than June 9, 2023. 6th Cycle Housing Element Submission and Review History The 6th cycle planning period for the City of Seal Beach is October 15, 2021, through October 15, 2029. The City failed to adopt a compliant housing element by its 6th cycle due date of October 15, 2021, pursuant to Government Code section 65588. HCD records are as follows:
• On September 21, 2021, the City submitted a draft housing element to HCD for review.
• On November 19, 2021, HCD issued a findings letter to the City noting multiple revisions necessary for the housing element to be compliant with State Housing Element Law.
• On February 9, 2022, the City submitted an element adopted on February 7, 2022, to HCD for review.
• On April 8, 2022, HCD issued a second findings letter to the City noting revisions were still necessary for the housing element to be compliant with State Housing Element Law.
City Manager Jill R. Ingram
AB 1398, Statutes of 2021
Please note, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that fails to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until any rezones necessary to accommodate a shortfall of sites are completed. (Gov. Code, § 65583, subd. (c)(1)(A), Gov. Code, § 65583.2, subd. (c).)
Consequences of Noncompliance
Various consequences may apply if the City does not have a housing element in compliance with State Housing Element Law. First, noncompliance result in ineligibility or delay in receiving state funds that require a compliant housing element as a prerequisite, including, but not limited to, the following:
• Permanent Local Housing Allocation Program
• Local Housing Trust Fund Program
• Infill Infrastructure Grant Program
• SB 1 Caltrans Sustainable Communities Grants
• Affordable Housing and Sustainable Communities Program Second, jurisdictions that do not meet their housing element requirements may face additional financial and legal ramifications. HCD may notify the California Office of the Attorney General, which may bring suit for violations of State Housing Element Law.
Further, state law provides for court-imposed penalties for persistent noncompliance, including financial penalties. For example, Government Code section 65585, subdivision (l)(1), establishes a minimum fine of $10,000 per month, up to $100,000 per month. If a jurisdiction remains noncompliant, a court can multiply those penalties by a factor of six. Other potential ramifications could include the loss of local land use authority to a court-appointed agent.
In addition to these legal remedies available in the courts, under the Housing Accountability Act (Gov. Code, § 65589.5, subd. (d)), jurisdictions without a substantially compliant housing element cannot rely on inconsistency with zoning and general plan standards as a basis for denial of a housing project for very low-, low-, or moderateincome households.1 1 For purposes of the Housing Accountability Act, housing for very low-, low-, or moderate-income households is defined as having at least 20 percent of units set aside for low-income residents or 100 percent of units set aside for middle-income residents. (Gov. Code § 65589.5, subd. (h)(3).) City Manager Jill R. Ingram
Conclusion
HCD recognizes that, ultimately, state housing laws are effective only with the cooperation of local governments and understands staffing and resource constraints that may hinder efforts to gain compliance. However, housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with State Housing Element Law. To meet the 6th cycle update requirements, the City must submit a draft housing element to HCD for review, consider HCD’s written findings, adopt the housing element, and submit it to HCD for review and determination of substantial compliance. (Gov. Code, § 65585.) HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (j), including referral to the California Office of the Attorney General.
If you have any questions or would like to discuss the content of this letter, please contact Kevin Hefner of our staff at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
By Electronic Mail
May 19, 2025
Fidel Herrera
State of California
Department of Housing and Community Development
2020 W. El Camino Ave, Ste. 500
Sacramento, CA 95833
Re: Seal Beach Housing Element Update
Dear Mr. Herrera:
The City of Seal Beach (City) thanks you for your April 30, 2025 letter of inquiry regarding the status of the City’s Housing Element. We appreciate the opportunity to provide you with an update.
As noted in your letter, the City has been actively pursuing certification of its Housing Element for over four years and has faced numerous challenges, including loss of consultants and very limited staffing resources, but has nevertheless continued to press forward. In addition to the series of revisions and resubmittals of the Draft Element to the California Department of Housing and Community Development (HCD), the City has been simultaneously preparing for the rezoning efforts that would be required to implement the Housing Element, including development of a new high density mixed-use zoning designation and the required evaluation under California Environmental Quality Act (CEQA) to implement such a Municipal Code amendment.
Specifically, the City had, in good faith, conducted community meetings and outreach in the development of the new zoning designation, and initiated the related CEQA process in 2023, including issuing a Notice of Preparation. However, in HCD’s October 30, 2023 letter, it was clear that additional changes to housing opportunity sites were required, putting the scope of CEQA analysis into question and pausing the effort. Fortunately, HCD’s October 17, 2024 letter stated the City’s Draft Housing Element appropriately addressed all State requirements for certification, pending rezoning of sites necessary to accommodate the City’s Regional Housing Needs Allocation (RHNA). It was at that time the City was able to finalize the project description City of Seal Beach
Housing Element Update – Response to HCD
May 19, 2025
and immediately re-initiated the CEQA analysis and technical studies. An update was provided via email to Mr. Reid Miller and Ms. Melinda Coy on January 22, 2025 regarding progress.
Below is our estimated timeline to complete the necessary rezonings and adopt the updated Housing Element.
May 9, 2025 Draft Environmental Impact Report (EIR) made available for public comment (45 days)
June 23, 2025 Draft EIR comment period closes
August 25, 2025 Final EIR issued for 10-day availability September 22, 2025 Final EIR, Zoning Code Update, Housing Element Update, Land Use Element Update, Main Street Specific Plan Update considered by the Planning Commission
October 27, 2025 Final EIR, Zoning Code Update, Housing Element Update, Land Use Element Update, Main Street Specific Plan Update considered by the City Council
October 28, 2025 Housing Element Update resubmitted to HCD Please note that the City has submitted its application to the Orange County Airport Land Use Commission (ALUC) for consideration of the updated Housing Element, Land Use Element, Zoning Code, and updated Main Street Specific Plan, but has not yet been agendized for hearing.
Now that the Draft EIR has been prepared and circulated, the schedule is largely fixed, with the exception of any delays caused by the ALUC process. We welcome HCD’s assistance in expediting the ALUC process.
I am happy to answer any further questions you may have. Please contact me at [email protected] or (562) 431-2527 x1313.
Sincerely,
Alexa Smittle
Community Development Director
cc: Patrick Gallegos, Interim City Manager
Nicholas R. Ghirelli, City Attorney
City of Seal Beach
Housing Element Update – Response to HCD
May 19, 2025
Amy Greyson, Senior Assistant City Attorney
Melinda Coy, HCD
David Zisser, HCD
Junius Barrie, HCD
Sidney Sloan, HCD
Reid Miller, HCD
1 PLANNING COMMISSION RESOLUTION NO. 25-08
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL CERTIFY THE FINAL ENVIRONMENTAL
IMPACT REPORT, ADOPT FINDINGS OF FACT AND A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND
ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM, UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT FOR THE 2021-2029 HOUSING ELEMENT
UPDATE; AND ZONING CODE UPDATE INCLUDING
AMENDMENTS TO THE ZONING CODE, ZONING MAP;
AND THE MAIN STREET SPECIFIC PLAN FOR
IMPLEMENTATION OF THE 2021-2029 HOUSING
ELEMENT, TO FULFILL STATE HOUSING LAW (STATE
CLEARINGHOUSE NO. 2023110425)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. PROJECT BACKGROUND.
A. The State of California requires every municipality to periodically update the Housing Element of its General Plan to review the housing needs of the community and revise its policies, programs and objectives to address those needs. Jurisdictions such as the City of Seal Beach that are within the Southern California Association of Governments region are required to update their Housing Elements for the 6th planning cycle, which covers the 2021-2029 period.
B. California Government Code Section 65583 requires that the Housing Element contain: (i) an assessment of the City's housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update.
C. The City' s share of the regional housing need, or Regional Housing Needs Assessment (RHNA) was established at 1,243 units in the Regional Housing Needs Assessment Plan prepared and adopted by the Southern California Association of Governments (SCAG) in March 2021. The allocation establishes the number of new units needed, by income category, to accommodate expected population growth over the planning period of the Housing Element;
2 D. State law requires the Housing Element to identify adequate sites to accommodate the City’s RHNA for all income categories, and the Housing Element Update identifies sites that can accommodate housing exceeding the City's RHNA; E. Following an extensive public review and comment period beginning in 2021, and consultation with HCD, review by the Orange County Airport Land Use Commission and the Joint Forces Training Base at Los Alamitos, respectively, and a public hearing held before the Seal Beach Planning Commission, on February 7, 2022, the City Council conducted a duly noticed public hearing regarding the Draft 2021-2029 Housing Element Update and based upon findings and substantial evidence in the record, including written and oral staff reports together with public testimony and the recommendation from the Planning Commission, adopted the 2021-2029 Housing Element Update.
F. On February 9, 2022, the adopted Housing Element was transmitted to HCD pursuant to State law.
G. On April 18, 2022, the City received a written letter from HCD finding that while the Housing Element addresses most statutory requirements described in HCD’s November 19, 2021, letter, revisions will be necessary to comply with State Housing Element Law.
H. On August 31, 2023, the City transmitted to HCD revised draft Housing Element for informal review in response to HCD’s letter.
I. On September 27, 2023, a Town Hall meeting was held in Leisure World, which included a discussion on the draft Housing Element along with a questions and answers session.
J. On October 17, 2023, a community workshop was held to receive community feedback on the zoning amendments and objective design standards for the new mixed use zone
K. On October 30, 2023, the City received a written letter from HCD finding that the Housing Element addresses many statutory requirements, but also notifying the City that revisions would be necessary to comply with State Housing Element Law.
L. On December 6, 2023, the Environmental Quality Control Board hosted a Scoping Meeting for the EIR of the Housing Element and rezone program.
M. On April 19, 2024, the City transmitted to HCD revised draft Housing Element for informal review in response to the HCD’s letter.
N. On June 18, 2024, the City received a written letter from HCD finding that the Housing Element addresses many statutory requirements, but also advising the City that revisions would be necessary to comply with State Housing Element Law. 3 O. On August 27, 2024, the City transmitted to HCD a revised draft Housing Element for informal review in response to HCD’s letter.
P. On October 17, 2024, the City received a written letter from HCD finding that the Housing Element meets most of the statutory requirements, but further notified the City that the Housing Element cannot be found in substantial compliance until the City has completed the rezoning and adopted the Mixed Commercial/Residential High-Density Zone and other related actions.
Q. The draft Housing Element dated August 2024 has been posted on the City’s website for public review, since October 2024.
R. On April 30, 2025, the City received a written letter from HCD inquiring about the status of the City’s Housing Element update.
S. On May 19, 2025, the City provided a response letter explaining that in addition to the series of revisions and resubmittals of the Draft Housing Element to HCD, the City has been simultaneously preparing for the rezoning efforts as required by HCD and the required evaluation of the environmental impacts under California Environmental Quality Act (CEQA) to implement the Zoning Code update. The letter also provided an estimated timeline to complete the necessary rezoning concurrently with the adoption of the Housing Element.
T. On June 25, 2025, the Environmental Quality Control Board held a special meeting to solicit comments regarding the content of the Draft EIR.
U. On September 17, 2025, the Environmental Quality Control Board held a meeting for a discussion on the Final EIR.
V. To effectuate the Housing Element, by implementing zoning revisions that will accommodate the capacity for the housing as proposed in the Housing Element Update to meet the City’s RHNA obligation, City staff prepared amendments to the Zoning Code including the Zoning Map and the Main Street Specific Plan.
W. The City revised the 2021-2029 Housing Element Update in response to the findings of HCD pursuant to Government Code Section 65585. The revisions and responses to HCD' s comments are summarized in Exhibit B to this Resolution, which is attached hereto and incorporated by this reference as though set forth in full.
X. On October 6, 2025, the Planning Commission conducted a duly noticed public hearing regarding the Final EIR, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program (Exhibits “A”, “B” and “C” attached hereto), and the proposed 2021-2029 Housing Element Update and Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order to implement the 2021-2029 Housing Element Update.
Y. Notice of this public hearing was provided as required by law. At the public hearing, all interested persons were allowed to speak.
4 Z. The revised Draft Housing Element Update dated August 2024 has been available online for public review beginning October 2024 at:
https://www.sealbeachca.gov/Departments/Community-Development/PlanningDevelopment/Housing-Element-Update AA. In accordance with Section 65585 of the Government Code, the Planning Commission has reviewed HCD' s comments and the revised Draft Housing Element and finds that the 2021- 2029 Housing Element has been revised to address each of the findings made by HCD. The Planning Commission further finds that the 2021- 2029 Housing Element Update, as revised, will be consistent with the goals and objectives of the Seal Beach General Plan, particularly the Land Use Element, identifies adequate sites to accommodate the Regional Needs Housing Assessment on sites that have been previously identified for development, and substantially complies with the requirements of State law.
BB. The documents, staff report, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the City of Seal Beach City Hall, Community Development Department, 211 Eighth Street, Seal Beach, California, 90740.
Section 2. PROJECT DESCRIPTION. The Planning Commission of the City of Seal Beach does hereby find, determine and declare as follows:
A. 2021-2029 Housing Element Update.
1) In compliance with State law, the City initiated this General Plan Amendment to update and revise the Housing Element of the General Plan for the 2021-2029 (Sixth Cycle) planning period, to replace the 2021-2029 Housing Element previously adopted on February 28, 2022. 2) The City of Seal Beach 2021-2029 (Sixth Cycle) Housing Element includes updated data in compliance with State Housing laws and comments from the California Department of Housing and Community Development, and a variety of programs and strategies to address Citywide housing needs and priorities. The 2021-2029 Housing Element Update contains goals, policies, and programs aimed at addressing the City’s housing development, preservation, and rehabilitation needs, including accommodating the City’s RHNA of 1,243 housing units by 2029, encouraging housing to serve lower income and special needs households, increase access to affordable and special needs housing, and affirmatively furthering fair housing. The proposed project does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather includes goals and policies to facilitate the development, preservation, and rehabilitation of housing consistent with existing and proposed uses identified in the General Plan and as mandated to be allowed under State law.
5 B. Zoning Code Amendment and Zoning Map Amendment.
1) The City’s 2021-2029 Housing Element Update requires an amendment to the Zoning Code to establish a Mixed Commercial/Residential High Density (MC/RHD) Zone as stipulated in Program 1a of the Housing Element to provide adequate sites for housing through updates to the Zoning Code, and Program 1b of the Housing Element which would allow the development of housing at a maximum density of 46 units to an acre and a minimum density of 40 units to an acre, in order to meet the City’s Regional Housing Needs Assessment (RHNA) allocation and requirements outlined in the Sixth Cycle Housing Element Update.
2) The proposed amendments to the City’s Zoning Code establishes the new MC/RHD Zoning designation along with related development standards in order to implement the 2021-2029 Housing Element.
3) The City’s 2021-2029 Housing Element Update also requires an amendment to the City’s Zoning Map, to change the zoning designation of the following properties to MC/RHD and High Density Residential (RHD - 33):
• Accurate Storge Site: APN 095-791-18 at 1011, from Residential High Density (RHD -20) to MC/RHD.
• The Shops at RossmoorAPNs: APNs 086-492-56, 086-492-80, 086- 492-87, 086-492-90, 086-492-92, from General Commercial (CG) to MC/RHD
• Old Ranch Town Center: APNs 130-861-15, 130-861-16, 130-861-17, 130-861-18, from General Commercial (CG) to MC/RHD.
• Seal Beach Plaza: APNs 095-641-44, 095-641-55, 095-641-57, from Service Commercial (SC) to MC/RHD.
• Seal Beach Center: APNs: APNs 043-260-02, 043-260-05, from Service Commercial (SC) to MC/RHD
• 99 Marina Drive, Seal Beach: APN 199-011-01, from Oil Extraction (OE) to Residential High Density (RHD-33).
4) Per State law, the City must approve the Zoning Code and the Zoning Map Amendments concurrently with the adoption of the 2021-2029 Housing Element Update.
C. Main Street Specific Plan (MSSP).
1) The City’s 2021-2029 Housing Element Update requires an amendment to the MSSP, as stipulated in Program 1r of the Housing Element which would allow the development of housing at select locations and on the second floor or above within the MSSP area, in order for the City to meet its RHNA allocation and requirements outlined in the 6th Cycle Housing Element Update. .
6 Section 4. Environmental Review. Based on the record of the proceedings, the Planning Commission hereby finds as follows:
A. Pursuant to the California Environmental Quality Act (CEQA) (Public Res.
Code Section 21000 et seq.), the State CEGA Guidelines (14 CCR Section 1500 et seq.), the City of Seal Beach (the “City”) is the lead agency for the Project, as the public agency with general governmental powers.
B. The City, as lead agency, determined that a Program Environmental Impact Report (“EIR”) should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project.
C. The City issued a Notice of Preparation (“NOP”) of a Draft EIR on November 16, 2023 and circulated the NOP to the State Clearinghouse, public agencies, special districts, responsible and trustee agencies and other interested parties; as was filed with the Orange County Clerk and made available at the Seal Beach libraries and Seal Beach City Hall, Community Development Department and on the City’s website at www.sealbeachca.gov for 30-day public review.
D. A public scoping meeting was held on December 6, 2023, to solicit input from interested agencies and the public at Seal Beach Council Chamber at 211 Eight Street, Seal Beach.
E. The City received oral comments at the scoping meeting and also received several written comment letters during the public review period which were considered during the preparation of the Draft EIR.
F. On May 9, 2025, the City initiated the 45-day public review period of the Draft EIR by filing a Notice of Availability with the State Office of Land Use and Climate Innovation, publishing the Notice in the Sun Newspaper a newspaper of general circulation, and releasing the Draft EIR (State Clearinghouse (SCH) No. 2023110425) for public review and comment to the State Clearinghouse, public agencies, special districts, responsible and trustee agencies and other interested parties; as was filed with the Orange County Clerk and made available at the Seal Beach libraries and Seal Beach City Hall, Community Development Department and on the City’s website at www.sealbeachca.gov.
G. During the 45-day review period, the City received 17 comments and prepared responses to those comments. None of the comments presented any new significant environmental impacts or otherwise constitute significant new information requiring recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5, or required any changes to the Draft EIR.
H. In accordance with SBMC Section 3.10.005, on June 25, 2025, a duly noticed public meeting was conducted by the City of Seal Beach Environmental Quality Control Board (EQCB) during the public comment period on the proposed Draft EIR. The EQCB received public comments on the Draft EIR, reviewed and provided comments on the Draft EIR, and forwarded those public comments and the EQCB’s comments to the 7 City staff to be incorporated into the proposed Draft EIR and to be included in the record to be submitted to the Planning Commission as part of the Planning Commission’s consideration of the proposed Final EIR and Project, in accordance with SBMC Section
3.10.005(F).
I. The Final EIR is comprised of the Draft EIR dated May 9, 2025, Appendices A through G thereto; the Comments submitted by members of the public and agencies, and Responses to Comments on the Draft EIR (collectively “Exhibit A”, attached hereto), the Findings of Fact and Statement of Overriding Considerations (attached hereto as Exhibit “B”), and the Mitigation Monitoring and Reporting Program (“MMRP”) (attached hereto as Exhibit “C”) for the Project.
J. On October 6, 2025, the Planning Commission conducted a duly noticed public hearing regarding the proposed Final EIR, and the draft 2021-2029 Housing Element Update, and Zoning Code, the Zoning Map and Main Street Specific Plan Updates. At the public hearing, City staff presented its report and interested persons presented evidence, both written and oral, regarding the Final EIR and proposed Project.
Following receipt of all written and oral testimony, the Planning Commission closed the public hearing.
K. The Planning Commission has reviewed and considered the entire record of proceedings. The Final EIR and all other documents, reports and materials, which constitute the record of proceedings, is on file and available for public examination during normal business hours at Seal Beach City Hall, Planning Department, 211 Eighth Street, Seal Beach, California, during regular business hours, and is posted on the City’s website at: http://www.sealbeachca.gov/. The custodian of the records is the Director of Community Development.
L. Section 15091 of the State CEQA Guidelines requires that the City, before approving a project subject to CEQA, make one or more of the following written finding(s) for each significant effect identified in a final environmental impact report accompanied by a brief explanation of the rationale for each finding:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or,
a) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or,
b) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.
8 c) Section 15126.6 of the CEQA Guidelines requires analysis of a reasonable range of alternatives to the proposed project that would feasibly attain some or all or the main objectives of the proposed project while avoiding or substantially lessening one or more of the significant environmental effects that would occur.
2) These required findings for the Final EIR are set forth in Exhibit “B”, attached hereto and incorporated herein by this reference as though set forth in full.
a) Environmental impacts identified in the Final EIR as no impact or less than significant impact without the imposition of mitigation measures are described in Exhibit “B”, Section V.A.
b) Environmental impacts, or specific aspects of those impacts, identified in the Final EIR as potentially significant, but that can be reduced to less than significant levels after mitigation, are discussed in Exhibit “B”, Section V.B.
c) Environmental impacts that remain significant and unavoidable after mitigation, as discussed in Exhibit “B”, Section V.C.
3) Alternatives to the Project that might reduce significant environmental impacts, and the reasons for rejecting those alternatives, are discussed in Exhibit “B”, Section VI.
4) The Final EIR identified mitigation measures that will mitigate impacts to biological resources, cultural resources, geological and soils, greenhouse gas emissions, hydrology and water quality, noise, tribal cultural resources, and utilities and service systems to a level of insignificance, and incorporated those mitigation measures into a Mitigation Monitoring and Reporting Program (or MMRP), in accordance with Public Resources Code Section 21081.6 and CEQA Guidelines 15091(d). The Mitigation Monitoring and Reporting Program sets forth mitigation measures to reduce noise impacts, which are set out on Exhibit “C”, attached to this Resolution and incorporated herein by this reference.
5) The Planning Commission has independently considered the record of proceedings before it, which is hereby incorporated by reference. 6) Economic, planning, social and state mandated housing laws benefits of the Project against the Project’s unavoidable adverse impacts outweigh the potential unavoidable adverse impacts supported by the Findings of Fact with the Statement of Overriding Consideration.
9 Section 5. Recommendation. Based upon the foregoing findings and all other evidence in the record, the Planning Commission hereby finds that the City Council find as follows:
A. Declare that the above recitals set forth above in Sections 1 through 5, inclusive, are true and correct.
B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the Final EIR and the proposed Project. The Project has been environmentally reviewed pursuant to the provisions of CEQA and the CEQA Guidelines.
C. Find and declare that the Final EIR, Findings of Fact and Statement of Overriding Considerations have been completed in compliance with CEQA and full analyze and disclose the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings of Fact and Statement of Considerations attached as Exhibit “B” and incorporated herein by reference.
D. That the City Council certify the Final EIR, Findings of Fact with a Statement of Overriding Consideration attached as Exhibit “B”; and adopt the Mitigation Monitoring and Reporting Program as set forth in Exhibit “C”, .
E. Direct City staff to implement and monitor the mitigation measures as described in the Mitigation Monitoring and Reporting Program attached as Exhibit “C.”
F. That the City Council direct City staff to file a Notice of Determination as set forth in Public Resources Code Section 21152.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of October 2025 by the following vote:
AYES: ______________________________________________
NOES: ______________________________________________
ABSTAIN: ______________________________________________ ABSENT: ______________________________________________
10 __________________________
Margo Wheeler, Chairperson
ATTEST:
________________________________
Shaun Temple, AICP
Planning Commission Secretary
Attachments:
Exhibit “A”: Final Environmental Impact Report (including Initial Study, Draft Environmental Impact Report, Comments, and Responses to Comments)
Exhibit “B”: Findings of Fact and Statement of Overriding Considerations Exhibit “C”: Mitigation Monitoring and Reporting Program 1 PLANNING COMMISSION RESOLUTION NO. 25-09
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL ADOPT THE 2021-2029 HOUSING ELEMENT
UPDATE (6TH CYCLE) OF THE SEAL BEACH GENERAL
PLAN; AND ADOPT AMENDMENTS TO THE ZONING
CODE, ZONING MAP; AND THE MAIN STREET SPECIFIC
PLAN FOR IMPLEMENTATION OF THE 2021-2029
HOUSING ELEMENT UPDATE, TO FULFILL STATE
HOUSING LAW
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. PROJECT DESCRIPTION AND PROJECT BACKGROUND. The City of Seal Beach (“City”) has initiated a General Plan Amendment to update the Housing Element for the 2021-2029 Planning Period (Sixth Cycle), and to amend the Zoning Code, Zoning Map and Main Street Specific Plan (collectively the “Project”) to ensure consistency with and implement the Housing Element Update, in order to fulfill State housing law. The Planning Commission hereby finds as follows:
A. The State of California requires every municipality to periodically update the Housing Element of its General Plan to review the housing needs of the community and revise its policies, programs and objectives to address those needs. Jurisdictions such as the City of Seal Beach that are within the Southern California Association of Governments region are required to update their Housing Elements for the 6th planning cycle, which covers the 2021-2029 period.
B. California Government Code Section 65583 requires that the Housing Element contain: (i) an assessment of the City's housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update.
C. The City' s share of the regional housing need, or Regional Housing Needs Assessment (RHNA) was established at 1,243 units in the Regional Housing Needs Assessment Plan prepared and adopted by the Southern California Association of Governments (SCAG) in March 2021. The allocation establishes the number of new units needed, by income category, to accommodate expected population growth over the planning period of the Housing Element;
2 D. State law requires the Housing Element to identify adequate sites to accommodate the City’s RHNA for all income categories, and the Housing Element Update identifies sites that can accommodate housing exceeding the City's RHNA; E. In compliance with State law, the City initiated this General Plan Amendment to update and revise the Housing Element of the General Plan for the Sixth Cycle 2021-2029 planning period.
F. On March 8, 2021 the Seal Beach City Council and Planning Commission conducted a joint meeting to consider housing issues affecting the community and State requirements regarding the Housing Element, and received public oral and written comments.
G. Between March 2021 and October 2021, the City circulated a Housing Element community online survey to the public, in order to obtain input from community members.
H. On April 5 and April 27, 2021 the Housing Element Ad Hoc Committee held public meetings to discuss Housing Element policy options and the sites inventory.
I. On September 9, 2021, in accordance with Government Code Sections 65352 through 65352.5 relating to tribal notification requirements, the City mailed a project description to all local tribes identified by the Native American Heritage Commission (NAHC). No requests for consultation or comments were received by the City during the requisite 90-day response period for this notification.
J. On September 20, 2021 the Seal Beach City Council and Planning Commission conducted a second joint meeting to review the Draft 2021-2029 Housing Element Update and received public oral and written comments.
K. On September 21, 2021 the City submitted the Draft 2021-2029 Housing Element Update to the California Department of Housing and Community Development (HCD) for review pursuant to Section 65585(b) of the California Government Code.
L. On November 19, 2021 HCD provided written comments on the Draft Seal Beach 2021-2029 Housing Element Update pursuant to Section 65585 of the Government Code.
M. On January 6, 2022, The City revised the 2021-2029 Housing Element Update in response to the findings of HCD pursuant to Government Code Section 65585.
N. On January 18, 2022, the Planning Commission conducted a duly noticed public hearing regarding the Draft 2021-2029 Housing Element Update and adopted a resolution recommending its approval to the City Council, subject to certain minor changes.
3 O. On January 19, 2022, and January 20, 2022, the City circulated a copy of the recommended draft Housing Element to the Orange County Airport Land Use Commission and the Joint Forces Training Base at Los Alamitos, respectively.
P. On February 7, 2022, the City Council conducted a duly noticed public hearing regarding the Draft 2021-2029 Housing Element Update and based upon findings and substantial evidence in the record, including written and oral staff reports together with public testimony and the recommendation from the Planning Commission, adopted the 2021-2029 Housing Element Update.
Q. On February 9, 2022, the adopted Housing Element was transmitted to HCD pursuant to State law.
R. On February 17, 2022 - OC ALUC held a meeting to review the draft Housing Element and found it inconsistent with the Los Alamitos JFTB Airport Land Use Plan.
S. On April 8, 2022, the City received a written letter from HCD finding that while the Housing Element addresses most statutory requirements described in HCD’s November 19, 2021, letter, revisions will be necessary to comply with State Housing Element Law.
T. On August 29, 2022, the City Council held a public meeting to overrule ALUC’s determination of inconsistency.
U. On August 31, 2023, the City transmitted to HCD revised draft Housing Element for informal review in response to HCD’s letter.
V. On September 27, 2023, a Town Hall meeting was held in Leisure World, which included a discussion on the draft Housing Element along with a questions and answers session.
W. On October 17, 2023, a community workshop was held to receive community feedback on the Zoning Code amendments and objective design standards for the new mixed use zone.
X. On October 30, 2023, the City received a written letter from HCD finding that the Housing Element addresses many statutory requirements, but that revisions would be necessary to comply with State Housing Element Law.
Y. December 6, 2023 – Environmental Quality Control Board hosted a Scoping Meeting for the EIR of the Housing Element and rezone program.
Z. On April 19, 2024, the City transmitted to HCD the revised draft Housing Element for informal review in response to HCD’s letter.
AA. On June 18, 2024, the City received a written letter from HCD finding that the Housing Element addresses many statutory requirements, but that additional revisions would be necessary to comply with State Housing Element Law. 4 BB. On August 27, 2024, the City transmitted to HCD a revised draft Housing Element for informal review in response to HCD’s letter.
CC. On October 17, 2024, the City received a written letter from HCD finding that the Housing Element meets most of the statutory requirements, but also finding that the Housing Element cannot be found in substantial compliance until the City has completed the rezoning and adopted the Mixed Commercial/Residential High-Density Zone and other related actions.
DD. The draft Housing Element dated August 2024 has been posted on the City’s website for public review, since October 2024.
EE. On April 30, 2025, the City received a written letter from HCD inquiring about the status of the City’s Housing Element update.
FF. On May 19, 2025, the City provided a response letter explaining that in addition to the series of revisions and resubmittals of the Draft Housing Element to HCD, the City has been simultaneously preparing for the rezoning efforts as required by HCD and the required evaluation of the environmental impacts under California Environmental Quality Act (CEQA) to implement the Zoning Code update. The letter also provided an estimated timeline to complete the necessary rezoning concurrently with the adoption of the Housing Element.
GG. June 25, 2025 – Special Meeting of the Environmental Quality Control Board to solicit comments Regarding the Content of the Draft EIR.
HH. August 7, 2025 – OC ALUC held a meeting to review the draft Housing Element and Rezoning Program and found it inconsistent the Los Alamitos JFTB Airport Land Use Plan. The City Council is tentatively scheduled to hold a public hearing to consider overruling the ALCU determination.
II. September 17, 2025 – Environmental Quality Control Board meeting to present the Final EIR and a discussion regarding CEQA reform related to housing and the Housing Element.
JJ. To effectuate the Housing Element, by implementing zoning revisions that will accommodate the capacity for the housing as proposed in the Housing Element Update to meet the City’s RHNA obligation, City staff prepared amendments to the Zoning Code, including the Zoning Code, Zoning Map and the Main Street Specific Plan (MSSP).
KK. The City revised the 2021-2029 Housing Element Update in response to the findings of HCD pursuant to Government Code Section 65585. The revisions and responses to HCD' s comments are summarized in Exhibit B to this Resolution, which is attached hereto and incorporated by this reference as though set forth in full.
LL. On October 6, 2025, the Planning Commission conducted a duly noticed public hearing regarding the proposed 2021-2029 Housing Element Update and Amendments to the Zoning Code, Zoning Map and Main Street Specific Plan (Exhibits 5 “A”, “B” and “C”, attached hereto and incorporated herein by this reference, in order to implement the 2021-2029 Housing Element Update.
MM. Notice of this public hearing was provided as required by law. At the public hearing, all interested persons were allowed to speak.
NN. The revised Draft Housing Element Update dated August 2024 has been available online at https://www.sealbeachca.gov/Departments/CommunityDevelopment/Planning-Development/Housing-Element-Update for public review beginning October 19, 2024.
OO. In accordance with Section 65585 of the Government Code, the Planning Commission has reviewed HCD' s comments and the revised Draft Housing Element and finds that the 2021- 2029 Housing Element has been revised to address each of the findings made by HCD. The Planning Commission further finds that the 2021- 2029 Housing Element Update, as revised, will be consistent with the goals and objectives of the Seal Beach General Plan, particularly the Land Use Element, identifies adequate sites to accommodate the Regional Needs Housing Assessment on sites that have been previously identified for development, and substantially complies with the requirements of State law.
PP. The custodian of records for all documents, staff report, and other materials that constitute the record of proceedings upon which this resolution is the City Clerk. The administrative record is on file for public examination during normal business hours at the City of Seal Beach City Hall, Community Development Department, 211 Eighth Street, Seal Beach, California, 90740, and is posted on the City’s website at:
http://www.sealbeachca.gov/.
Section 2. ENVIRONMENTAL FINDINGS. On October 6, 2025, the Planning Commission conducted a duly noticed public hearing regarding the proposed Environmental Impact Report, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, for the Sixth Cycle 2021-2029 Housing Element, and the amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order to meet the City’s Regional Housing Needs Assessment (RHNA) allocation and requirements outlined in the 6th Cycle Housing Element Update. At the public hearing, all interested persons were allowed to speak.
Based on the record of the proceedings, the Planning Commission adopted Resolution No. 25-08, recommending that the City Council certify the Final EIR, and adopt the Findings of Fact and Statement of Overriding Considerations. The Planning Commission hereby further finds as follows:
A. A Program Environmental Impact Report (EIR) was prepared for the 2021-2029 Housing Element Update and amendments to the Zoning Code, Zoning Map and Main Street Specific Plan (MSSP) (the Project), along with Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, pursuant to CEQA.
B. Prior to taking action on this Project, the Planning Commission has carried out its independent review of the Final EIR, Findings of Fact and Statement of Overriding Considerations 6 and Mitigation Monitoring and Reporting Program, and pursuant to the adoption of Resolution No. 25-08, and further has reviewed and considered the entire record of proceedings.
Section 3. PROCEDURAL FINDINGS. On October 6, 2025, the Planning Commission conducted a duly noticed public hearing regarding the proposed Housing Element Update for the Sixth Cycle 2021-2029 Housing Element, and the amendments to the Zoning Code, Zoning Map and Main Street Specific Plan in order to meet the City’s Regional Housing Needs Assessment (RHNA) allocation and requirements outlined in the 6th Cycle Housing Element Update. At the public hearing, all interested persons were allowed to speak. Based on the record of the proceedings, and the findings set forth in Sections 1 and 2, above, and in Planning Commission Resolution No. 25-08, the Planning Commission hereby finds as follows:
A. Housing Element Update (2021-2029 Planning Cycle).
1) The City’s 2021-2029 (Sixth Cycle) Housing Element. as updated, and as modified by the Community Development Director in accordance with the provisions of Section 5.D, below, will amend the General Plan by replacing the 2021-2029 Housing Element previously adopted on February 28, 2022 with the 2021-2029 Housing Element, as set forth in Exhibit ‘A” to this Resolution.
2) The 2021-2029 Housing Element Update contains goals, policies, and programs aimed at addressing the City’s housing development, preservation, and rehabilitation needs, including accommodating the City’s RHNA of 1,243 housing units by 2029, encouraging housing to serve lower income and special needs households, increase access to affordable and special needs housing, and affirmatively furthering fair housing. The proposed project does not entitle, propose, or otherwise require the construction of new development or rehabilitation of existing development, but rather includes goals and policies to facilitate the development, preservation, and rehabilitation of housing consistent with existing and proposed uses identified in the General Plan and as mandated to be allowed under State law.
3) Adoption of the 2021-2029 Housing Element Update will not have a significant adverse effect on the environment, all feasible mitigation measures have been incorporated into the Statement of Overriding Considerations and/or Mitigation Monitoring and Reporting Program, in support adoption of the Housing Element .
4) The proposed Housing Element is in conformance with the environmental goals and policies adopted by the City.
5) The proposed Housing Element is consistent with the other Elements of the General Plan, and is necessary to carry out General Plan goals and policies that are set forth in the Land Use Element and other Elements of the General Plan, and will guide and direct orderly residential development in the City and sets forth 7 goals, policies and programs for the preservation, improvement and development of housing for all economic segments of the community and housing for persons with special needs.
6) The proposed Housing Element will not adversely affect the public health, safety, or welfare in that it will provide for the orderly residential development in the City that complies with the requirements of State law.
B. Zoning Code Amendment
1) The City’s 2021-2029 Housing Element Update requires an amendment to the Zoning Code to establish a Mixed Commercial/Residential High Density (MC/RHD) Zone as stipulated in Program 1b of the Housing Element which would allow the development of housing at a maximum density of 46 units to an acre and a minimum density of 40 units to an acre. 2) The Seal Beach Municipal Code (SBMC) authorizes the Planning Commission to review and make recommendations to the City Council on Zoning Code Amendments.
3) On October 6, 2025, the Planning Commission was presented with amendments to the City’s Zoning Code as depicted in Exhibit “B”, attached hereto and incorporated herein by reference, which establishes the new MC/RHD Zoning designation along with related development standards. 4) On October 6, 2025, the Planning Commission was also presented with amendments to the City’s Zoning Map, as depicted on Exhibit “C”, to change the zoning designation of the following properties to MC/RHD and High Density Residential (RHD -33), which amendments are required by the City’s 20231-2029 Housing Element Update:
• Accurate Storge Site: APN 095-791-18 at 1011, from Residential High Density (RHD -20) to MC/RHD.
• The Shops at RossmoorAPNs: APNs 086-492-56, 086-492-80, 086- 492-87, 086-492-90, 086-492-92, from General Commercial (CG) to MC/RHD
• Old Ranch Town Center: APNs 130-861-15, 130-861-16, 130-861-17, 130-861-18, from General Commercial (CG) to MC/RHD.
• Seal Beach Plaza: APNs 095-641-44, 095-641-55, 095-641-57, from Service Commercial (SC) to MC/RHD.
• Seal Beach Center: APNs: APNs 043-260-02, 043-260-05, from Service Commercial (SC) to MC/RHD
• 99 Marina Drive, Seal Beach: APN 199-011-01, from Oil Extraction (OE) to Residential High Density (RHD-33).
5) The proposed amendments to the Zoning Code and Zoning Map, (as depicted in Exhibit “C”, attached hereto and incorporated herein by 8 reference as though set forth in full), are consistent with and reflective of the General Plan’s goals, polices, and intent to encourage orderly growth and development in a manner that preserves the public’s health, safety, and welfare because it addresses changes that have occurred in the City’s housing needs by implementing policies, procedures, and programs contained in the updated 6th cycle Housing Element Update (2021-2029).
Specifically, the amendments are in line with Program 1a – to provide adequate sites for housing through updates to the Zoning Code and Program 1b – to establish Mixed Commercial/Residential High Density (MC/RHD) Zone and change the zoning of five of the sites identified in subsection “D” above to MC/RHD.
6) Per State law, the City must approve the Zoning Code and the Zoning Map Amendments concurrently with the adoption of the 2021-2029 Housing Element Update.
1) A. Main Street Specific Plan (MSSP). The City’s 2021-2029 Housing Element Update requires an amendment to the MSSP, as stipulated in Program 1r of the Housing Element which would allow the development of housing at select location and on the second floor or above within the MSSP area.
1) In In accordance with Government Code Section 65453(a), a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body.
2) SBMC Section 11.5.05.010.B authorizes the Planning Commission to review and make recommendations to the City Council on amendments to specific plans.
3) On October 6, 2025, the Planning Commission was presented with amendments to the MSSP as depicted in Exhibit ”D”, attached hereto and incorporated herein by reference as though set forth in full, which allows housing in the MSSP area, except on the first floor facing Main Street or Ocean Avenue.
4) The proposed amendments to the Main Street Specific Plan are consistent with and reflective of the General Plan’s goals, polices, and intent to encourage orderly growth and development in a manner that preserves the public’s health, safety, and welfare because it addresses changes that have occurred in the City’s housing needs by implementing policies, procedures, and programs contained in the updated 6th cycle Housing Element Update (2021-2029). Specifically, the amendments are in line with Program 1r – to allow housing at select locations (second floor and above) in the Main Street Specific Plan.
9 Section 5. Recommendation. Based upon the foregoing findings and all other evidence in the record, and the findings set forth in Sections 1 through 4, above, the Planning Commission hereby recommends that the City Council find as follows:
A. Declare that the above recitals set forth above in Sections 1 through 4, inclusive, are true and correct.
B. Agencies and interested members of the public have been afforded ample notice and opportunity to comment on the proposed 2021-2029 Housing Element and Zoning Code, Zoning Map and MSSP Updates.
C. Find and declare that the Final EIR, Findings of Fact and Statement of Overriding Considerations have been completed in compliance with CEQA and fully analyze and disclose the potential impacts of the proposed Project, and that those impacts have been mitigated or avoided to the extent feasible for the reasons set forth in the Findings of Fact and Statement of Considerations attached as Exhibits “B” and “C” to Planning Commission Resolution No. 25-08, incorporated herein by reference.
D. Approve the 2021-2029 Housing Element, attached to this Resolution as Exhibit “A”, and further authorize and direct the City Manager and Community Development Director to make any technical, clerical and other non-substantive changes or clarifications to the Housing Element made by the Community Development Director as may to respond to comments received from the Department of Housing and Community Development on the adopted Sixth Cycle Housing Element in order to obtain a finding of substantial compliance with State law.
E. Adopt the amendments to the Zoning Code, Zoning Map and Main Street Specific Plan, as set forth in Exhibits “B”, C” and “D”, attached hereto and incorporated herein by this reference as though set forth in full.
F. That the City Council direct City staff to implement and monitor the mitigation measures as described in Exhibit XX.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of October 2025 by the following vote:
AYES: ______________________________________________
NOES: ______________________________________________
ABSTAIN: ______________________________________________ ABSENT: ______________________________________________
10 __________________________
Margo Wheeler, Chairperson
ATTEST:
________________________________
Shaun Temple, AICP
Planning Commission Secretary
Attachments:
Exhibit “A”: Housing Element Update
Exhibit ”B”: Zoning Code Amendment
Exhibit ”C”. Zoning Map Amendment
Exhibit ”D”: Main Street Specific Plan Amendment
Exhibit “E”: HCD Comments and Responses
AIRPORT LAND USE COMMISSION
FOR ORANGE COUNTY
3160 Airway Avenue• Costa Mesa, California 92626 • 949.252.5170 fax: 949.252.6012 October 8, 2025
Seal Beach Mayor and City Council
c/o Shaun Temple, Interim Community Development Director City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Subject: Response to Notice of Intent to Overrule the Airport Land Use Commission Determination for Seal Beach General Plan Revised 2021-2029 Housing Element Update, Associated Zoning Code Amendment, and Main Street Specific Plan Amendment
Mayor and City Council Members:
We are in receipt of your September 10, 2025, letter notifying the Airport Land Use Commission for Orange County (ALUC) of the City of Seal Beach's (City) intent to overrule the ALUC' s inconsistency determination on the General Plan Revised 2021-2029 Housing Element Update, associated Zoning Code Amendments, and the Main Street Specific Plan (MSSP) Amendment. A copy of the draft City Council Resolution No. 7691 was attached. In accordance with Section 21676 of the Public Utilities Code (PUC), the ALUC submits the following comments addressing the proposed overrule findings for the above-referenced Project. This letter is advisory to the City and must be included in the public record of any final decision to overrule the ALUC, which may only be adopted by a two-thirds vote of the City's governing body.
Please be advised that PUC Section 21678 states: "With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission's action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to overrule the commission's action or recommendation." Background
On February 17, 2022, the ALUC reviewed the City's 2021-2029 Housing Element Update and determined it to be Inconsistent with the Airport Environs Land Use Plan for Joint Forces Training Base Los Alamitos (AELUP for JFTB Los Alamitos). The determination was based on AELUP Section 2.1.1 (Aircraft Noise), which recognizes that aircraft noise may be incompatible with the general welfare of nearby inhabitants, and AELUP Section
3.2.1 (General Land Use Policies), which provides that any land use may be found Docusign Envelope ID: 8FB0096A-29BD-4D1E-BE98-711BD1737894 ALUC Comments
Seal Beach Notice of Intent to Overrule
October 8, 2025
inconsistent if it places people so that they are adversely affected by aircraft noise or concentrates people in areas susceptible to aircraft accidents.
In April 2025, the City submitted a Revised 2021-2029 Housing Element, Associated Zoning Code Amendment, and a Main Street Specific Plan Amendment. The revised package (1) created a new Mixed Commercial/Residential High Density (MC-RHD) zone allowing up to 46 dwelling units per acre and five stories; (2) amended the Main Street Specific Plan by permitting residential uses above the first floor; (3) retained several commercial centers as Housing Element Opportunity Sites (including Seal Beach Plaza, Old Ranch Town Center, Seal Beach Center, The Shops at Rossmoor, and 1011 Seal Beach Boulevard); (4) reclassified Old Ranch Country Club as a Pipeline Site to be addressed by a future specific plan; and (5) proposed 99 Marina Drive to rezone from Oil Extraction to RHD-33 with a 35-foot height cap.
At a Special Meeting of the ALUC on August 7, 2025, the ALUC voted unanimously to find the Revised Housing Element Update, Zoning Code Amendments, and Main. Street Specific Plan Amendment Inconsistent with the AELUP for JFTB Los Alamitos. On September 8, 2025, the City Council adopted Resolution No. 7691 declaring its intent to overrule, and on September 10, 2025, transmitted its Notice of Intent to Overrule to the ALUC. ALUC has the following comments regarding the findings of facts included in Resolution 7691.
Response to Finding "a" AELUP Purpose (noise. safety. navigable airspace) As noted in the City's finding, the AELUP for JFTB Los Alamitos is intended to protect the public from the adverse effects of aircraft noise, ensure that people and facilities are not concentrated in areas susceptible to aircraft accidents, and ensure that no structures or activities adversely affect navigable airspace. The Revised Housing Element and Associated Zoning Code Amendment continue to introduce increased residential densities within the airport planning area, with some located near routine JFTB approach and departure paths. As stated in Section 2.2 of the AELUP for JFTB Los Alamitos, "[t]he [ ALUC] may consider the utilization of criteria for protecting aircraft traffic patterns at this airport which may differ from those contained in FAR Part 77, should evidence of health, welfare, or safety surface sufficient to justify such an action." Response to Findings ''b" and "c" Noise Contours and Conditional Consistency The City refers to Table 1 in the AELUP for JFTB Los Alamitos and notes that residential uses in the 60-65 CNEL contour are "conditionally consistent/ and that the City will comply with the 45 dB CNEL interior standard under State code and the City's Noise Element. However, mere reliance on an interior performance target does not mitigate outdoor exposure, balconies, patios, courtyards, roof decks, and shared open spaces, where residents will continue to experience routine overflights. The ALUC inconsistency determination was based in part on AELUP Section 2.1.1 which states "aircraft noise emanating from airports may be incompatible with the general welfare of the inhabitants within the vicinity of an airport," and partly on General Land Use Policies in Section 3 .2.1 Docusign Envelope ID: 8FB0096A-29BD-4D1E-BE98-711BD1737894 Docusign Envelope ID: 8FB0096A-29BD-4D1E-BE98-711BD1737894 ALUC Comments
Seal Beach Notice of Intent to Overrule
October 8, 2025
We urge the City Council to take ALUC's concerns into consideration in its deliberations prior to deciding whether to overrule ALUC. Thank you for the opportunity to provide these comments.
Sincerely,
Gerald A. Bresnahan
Chairman
cc: Members of Airport Land Use Commission for Orange County Matt Friedman, Caltrans/Division of Aeronautics
Vincent Ray, Caltrans/Division of Aeronautics
Docusign Envelope ID: 8FB0096A-29BD-4D1E-BE98-711BD1737894 “Provide a safe and reliable transportation network that serves all people and respects the environment” DIVISION OF AERONAUTICS - M.S. #40
1120 N STREET
P. O. BOX 942874
SACRAMENTO, CA 94274-0001
PHONE (916) 654-4959
FAX (916) 653-9531
TTY 711
www.dot.ca.gov
October 9, 2025
Mr. Shaun Temple Electronically Sent: [email protected] Interim Community Development Director
City of Seal Beach
211 Eighth St.
Seal Beach, California 90740
Dear Mr. Temple:
The California Department of Transportation, Division of Aeronautics (Caltrans), supports cities, counties, and Airport Land Use Commissions (ALUCs) in developing land use policies that promote public health, safety, and welfare near airports.
On September 10, 2025, Caltrans received the City of Seal Beach’s draft Resolution No. 7691, which declared the City’s intent to overrule the Orange County ALUC inconsistency determination for the proposed Seal Beach Housing Element Update, Zoning Code Amendment and Main Street Specific Plan Amendment (Project) with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). We appreciate the opportunity to provide input on the City’s proposed overrule.
Caltrans has reviewed the City’s Findings included in the September 10, 2025 submittal, along with the ALUC Staff Report and Inconsistency Determination Letter, both dated August 7, 2025. Based on this review, Caltrans has determined that the City’s Findings does not provide sufficient justification to support the proposed overrule. Specifically, Caltrans disagrees with the City’s Findings that residential development proposed at Site 6 (Old Ranch Town Center, up to 306 units) and the Old Ranch Country Club pipeline site (167 units) is compatible with the AELUP for JFTB Los Alamitos.
Both sites are located within the 60 CNEL contour and, in the case of the Old Ranch Country Club, directly under the approach surface approximately 3,000 feet from the end of Runway 4R. The Orange County ALUC determined these locations to be inconsistent with the AELUP under Section 2.1.1 (Aircraft Noise) and Section 3.2.1 (General Land Use Policies), citing the risk of exposing future residents to adverse aircraft noise and concentrating people in areas susceptible to accidents. By relying on generalized interior noise standards to support compatibility, the City’s Findings Mr. Temple, Interim Community Development Director
October 9, 2025
“Provide a safe and reliable transportation network that serves all people and respects the environment” minimize the conditional nature of these designations and do not fully address the Commission’s concerns to ensure land use compatibility in the vicinity of airports.
Furthermore, Public Utilities Code (PUC) Section 21675.1(f)states: “If a city or county overrules the commission… with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit.”
Pursuant to PUC Section 21676(a), please include this letter, along with the ALUC’s comments in the public record of any decision to overrule the ALUC. If you have questions or we may be of further assistance, please contact me at [email protected].
Sincerely,
Vincent Ray Aviation Planner
Caltrans Division of Aeronautics
c: Julie Fitch, Executive Director, ALUC Orange County, [email protected] Zoning Map Amendments
Map 1 ñ Old Town/Brideport
Map 2 ñ Marina Hill/Hellman Ranch
Map 3 ñ Leisure World
Map 5 ñ Rossmoor Center
Legend
FREEWAY
ZONING
RLD-9 (Residential Low Density-9)
RLD-15 (Residential Low Density-15)
RMD-18 (Residential Medium Density-18)
RHD-20 (Residential High Density-20)
RHD-33 (Residential High Density-33)
RHD-PD (Residential High Density-Planned Development)
RHD-46 (Residential High Density-46)
LC/RMD (Limited Commercial/Residential Medium Density)
MSSP (Main Street Specific Plan)
PO (Professional Office)
SC (Service Commercial)
GC (General Commercial)
LM (Light Manufacturing)
OE (Oil Extraction)
PS (Public and Semipublic Facilities)
RG (Recreation/Golf)
MIL (Military)
BEA (Beach)
OS-N (Open Space Natural)
OS-PR (Open Space Parks and Recreation)
SPR (Specific Plan Regulation)
Zoning Map
OCEAN AV
5TH ST
CENTRAL AV
1ST ST E
CATALINA AV
BOLSA AV
PACIFIC COAST HWY
6TH ST
1ST ST W
MARINA DR
7TH ST
4TH ST
8TH ST
17TH ST
10TH ST
BALBO
A DR
11TH ST
16TH S
1 T
5TH ST
MAIN ST
MARLIN AV
14TH ST
LANDING AV
13TH ST
MARVISTA AV
COASTLINE DR
TAPER DR
12TH ST
2ND ST
SEAL WY (WALK WAY)
3RD ST
CRESTVIEW AV
DRIFTWOOD AV
GALLEON WY
FATHOM AV
DOLPHIN AV
1ST ST
CORSAIR WY
CLIPPER WY
SEAL BEACH BLVD
SAND PIPER DR
RIVIERA DR
SURF PL
SOUTH SHORE DR
BEA
CH C
O
MBER DR
CENTRAL WY
SCHO
ONER
WY
CARMEL AV
AVALON DR
LAGUNA PL
C
A
RAVEL W
Y
MARINE AV
OPAL COVE WY
AGUA PL
MARBLE COVE WY
EMERALD COVE WY
NEPTUNE AV
SILVER SHO
ALS AV
CRYSTAL PL
ELECTRIC AV
10TH ST
8TH ST
14TH ST
ELECTRIC AV
7TH ST
ELECTRIC AV
11TH ST
MAIN ST
13TH S
1 T
2TH ST
(OLD TOWN & BRIDGEPORT)
RLD-9 (OCEAN AV)
BEA
MSSP
RHD-20
RHD-20
RHD-20
OS-PR
OS-PR
OSPR
SPR (DWP)
SC
RHD-33
RLD-15
GC
GC
GC
PS
MIL
LC/RMD
RLD-9
PS
RLD-9
SPR
OS-N (SPR)
MSSP
RHD-33
2 SC
MC/RHD (Mixed Commercial/Residential High Density)
Map updated: September 25, 2025
MC/RHD
Legend
FREEWAY
ZONING
RLD-9 (Residential Low Density-9)
RLD-15 (Residential Low Density-15)
RMD-18 (Residential Medium Density-18)
RHD-20 (Residential High Density-20)
RHD-33 (Residential High Density-33)
RHD-PD (Residential High Density-Planned Development)
RHD-46 (Residential High Density-46)
LC/RMD (Limited Commercial/Residential Medium Density)
MSSP (Main Street Specific Plan)
PO (Professional Office)
SC (Service Commercial)
GC (General Commercial)
LM (Light Manufacturing)
OE (Oil Extraction)
PS (Public and Semipublic Facilities)
RG (Recreation/Golf)
MIL (Military)
BEA (Beach)
OS-N (Open Space Natural)
OS-PR (Open Space Parks and Recreation)
SPR (Specific Plan Regulation)
Zoning Map
OCEAN AV
CATALINAAV
BOLSAAV
ELECTRIC AV
CENTRAL AV
SEAL BEACH BLV
MARIN
D
A DR
7TH ST
CRESTVIEW AV
8TH ST
7TH ST
10TH ST
MARLIN AV
RD A
OBLAB
11TH ST
16TH ST
COASTLINE DR
15TH ST
MAIN ST
14TH ST
LANDING AV
MONTEREY RD
13TH ST
MARVISTAAV
RD REPAT
12TH ST
RD E ID S YAB
HERON
CIR
DRIFTWOOD AV
BLUE HERON
GALLEON WY
FATHOM AV
RD EZEERB AES
RUHC
RD RE IP P DNAS
RD WIE V DNAL IS
RIVIERA DR
SURF PL
HARBOR WY
RD EROHS HTUOS
BAYOU WY
RD REB M
O
C HC
AEB
CARMEL AV
AVALON DR
ADOLFO LOPEZ DR
LAGUNA PL
BERYL COVE WY
AGUA PL
CRYSTAL COVE WY
N
EMERALD PL
T
10TH ST
PACIFIC COAST HWY
8TH S
EL
T
ECTRIC AV
CH BLVD
ST
11TH ST
7TH ST
(MARINA HILL, HELLMAN RANCH
& BOEING FACILITY)
3 SPR
RLD-9
GC
GC
PS
PS
GC
RLD-9
RHD-20
RHD-20
MSSP
MIL
LC/RMD
OS-N (SPR) RLD-9 (SPR)
OE (SPR) (HELLMAN RANCH)
PS
LM (SPR) (BOEING)
GC (SPR)
GC
OS-PR
GC
OS-N (SPR)
MC/RHD
MC/RHD
MC/RHD (Mixed Commercial/Residential High Density)
Map updated: September 25, 2025
Legend
FREEWAY
ZONING
RLD-9 (Residential Low Density-9)
RLD-15 (Residential Low Density-15)
RMD-18 (Residential Medium Density-18)
RHD-20 (Residential High Density-20)
RHD-33 (Residential High Density-33)
RHD-PD (Residential High Density-Planned Development)
RHD-46 (Residential High Density-46)
LC/RMD (Limited Commercial/Residential Medium Density)
MSSP (Main Street Specific Plan)
PO (Professional Office)
SC (Service Commercial)
GC (General Commercial)
LM (Light Manufacturing)
OE (Oil Extraction)
PS (Public and Semipublic Facilities)
RG (Recreation/Golf)
MIL (Military)
BEA (Beach)
OS-N (Open Space Natural)
OS-PR (Open Space Parks and Recreation)
SPR (Specific Plan Regulation)
Zoning Map
ST ANDREWS DR
EL DORADO
DR
GOLDEN RAIN RD
WESTMINSTER BLVD
SEAL BEACH BLVD
DEL MONTE
DR
NORTHWOOD RD
BEVERLY MANOR RD
MERION WY
OAKMONT RD
MONTEREY RD
NASSAU DR
THUNDERBIRD DR
ANNANDALE DR
PELHAM RD
INTERLACHEN RD
CANOE BRO
OK DR
ALDERWOOD LN
CHURCH PL
ST JOHN RD
OAK HILLS DR
MC KINNEY WY
GOLDEN RAIN
FAIRFIELD LN
SUNNINGDALE RD
MAYFIELD RD
SEAVIEW LN
CEDAR CREST LN
FOXBURG RD
KNOLLWOOD RD
WEE BURN RD
BURNING TREE LN
GLEN VIEW RD
COLLEGE PARK DR
TWIN
HILLS DR
MEDINAC LN
DANBURY LN
TAM O SHANTER RD
KENWOOD RD
SHAWNEE
LN
FRESH
MEADOW LN
SOUTHPORT LN
EX
M
O
OR DR
GOLDEN RAIN RD
(LEISURE WORLD)
RHD-PD
PO
RG
LM
RHD-PD
GC 4
SC
MC/RHD
MC/RHD (Mixed Commercial/Residential High Density)
Map updated: September 25, 2025
SC
SC
L
egend
FREEWAY
ZONING
RLD-9(ResidentialLowDensity-9)
RLD-15(ResidentialLowDensity-15)
RMD-18(ResidentialMediumDensity-18)
RHD-20(ResidentialHighDensity-20)
RHD-33(ResidentialHighDensity-33)
RHD-PD(ResidentialHighDensity-PlannedDevelopment)
RHD-46(ResidentialHighDensity-46)
LC/RMD(LimitedCommercial/ResidentialMediumDensity)
MSSP(MainStreetSpecificPlan)
PO(ProfessionalOffice)
SC(ServiceCommercial)
GC(GeneralCommercial)
LM(LightManufacturing)
OE(OilExtraction)
PS(PublicandSemipublicFacilities)
RG(Recreation/Golf)
MIL(Military)
BEA(Beach)
OS-N(OpenSpaceNatural)
OS-PR(OpenSpaceParksandRecreation)
SPR(SpecificPlanRegulation)
ZoningMap
SEAL BEACH BLVD
P
LY
M
O
U
T
H
D
R
R
O
S
S
M
O
O
R
C
E
N
T
E
R
W
Y
PROVINCE TOWN
NANTUCKET PL
LIGHTHOUSE LN
OLD HARBOR CT
C
H
AT
H
A
M
W
Y
BRIDGEWATER WY
R
O
S
S
M
O
O
R
C
E
N
T
E
R
(ROSSMOORCENTER)
RHD-46
RHD-46 RHD-46
GC
GC
RMD-18
PS
OS-PR
RG
6 MC/RHD
MC/RHD
MC/RHD (Mixed Commercial/Residential High Density)
Map updated: September 25, 2025
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
Except as expressly modified by track changes all provisions of Title 11 (Zoning Code) remain in full force and effect.
TABLE 11.1.05.030 OF SECTION 11.1.05.030 IS MODIFIED AS FOLLOWS:
11.1.05.030 Designation of Base and Overlay Districts.
The city shall be classified into districts or zones, the designation and the regulations of which are set forth in this zoning code and as follows:
A. Base and Overlay Zoning Districts. The city’s base zoning districts and overlay zoning districts are set forth in Table 11.1.05.030: Zoning Districts.
Table 11.1.05.030
Zoning Districts
Zoning Map Symbol Zoning District Name
General Plan Designation
Implemented by Zoning
Designation
Base Residential Zoning Districts
RLD-9 Residential Low Density - 9 Residential Low Density RLD-15 Residential Low Density - 15 Residential Low Density RMD - 18 Residential Medium Density - 18 Residential Medium Density RHD - 20 Residential High Density - 20 Residential High Density RHD - 33 Residential High Density - 33 Residential High Density RHD - 46 Residential High Density - 46 Residential High Density Base Mixed Use, Commercial, and Industrial Districts
L-C/RMD Limited Commercial/Residential Medium Density Mixed Use MC-RHD Mixed Commercial/Residential High Density Mixed Use MSSP Main Street Specific Plan Main Street Specific Plan PO Professional Office Professional Office
SC Service Commercial Service Commercial
GC General Commercial General Commercial
LM Light Manufacturing Light Manufacturing
OE Oil Extraction Oil Extraction
Base Public and Semi-Public Districts
PS Public and Semi-Public Facilities Community Facility and School RG Recreation/Golf Open Space - Golf
Base Military, Open Space, and Park Districts
MIL Military Military
BEA Beach Beach
OS-N Open Space Natural Open Space
OS-PR Open Space Parks and Recreation Park
Overlay District and Specific Plan Zone Regulations
RC-O Residential Conservation - Overlay All
PUD Planned Unit Development Overlay All
C/P Commercial/Park All
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
CZ Coastal Zone All
SPR Specific Plan Regulations All
(Ord. 1598)
SECTION 11.1.15.025 OF CHAPTER 11.1.15 IS MODIFIED AS FOLLOWS:
11.1.15.025 Measuring Height.
A. General. The height of a structure shall be measured vertically from the average level of the highest and lowest elevationfinished grade of the ground covered by the structure to the highest point of the structure or to the peak of a gable, pitched, mansard or hipped roof or to the finished roofline of a flat roof or top of a parapet required by California Building Code.
1. Exceptions for Accessory Building Features. The following listed building features may be erected to a maximum height as follows:
a. Chimneys. Two feet above roofline as per California Building Code. b. Flagpole. Up to 20 feet (10 feet above roofline maximum). c. Antennae. Up to 10 feet above roofline. Ground antennae to a maximum of 40 feet if located in the rear yard adjacent to the main structure.
2. Exception for Surfside. Maximum building height for residential structures, including accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building Height Limit.
B. Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within 5 horizontal feet of an above-ground retaining wall, and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall. See Figure
11.1.15.025.B: Measuring the Height of Buildings Near Retaining Walls.
Figure 11.1.15.025.B
Measuring the Height of Buildings Near Retaining Walls
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
C. Measurement of Fence or Wall Height.
1. Determination of Height. The height at the property line shall be measured from the owner’s side of the fence or wall. A joint fence or wall on the property line may be measured from either side of the fence or wall. In the case of a joint fence or wall where there is a difference in the ground level between 2 adjoining parcels of less than 2 feet, the height of a fence or wall constructed along the property line shall be determined by using the finished grade at the base of the fence or wall on the highest parcel.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
Figure 11.1.15.025.C
Determination of Property Line Fence Height
2. Determination—Ground Level Difference More than 2 Feet. When there is a difference in the ground level between 2 adjoining parcels of 2 feet or more, the height of a fence or wall shall be determined by the provisions of subsection D, Measuring the Height of Combined Fences and Retaining Walls.
D. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within 1 foot of the face of an above-ground retaining wall greater than 2 feet in height, and located in a required yard, the height of the fence shall be measured from the top of the fence to the midpoint height of the retaining wall, excluding the uppermost 2 feet of the retaining wall.
Figure 11.1.15.025.D
Fences on Top of Retaining Walls
E. Measuring the Height of Decks. Deck height is measured from grade to the top of the floor of the deck if there is no rail or if the rail walls are more than 50% open, and from the ground to the top of the rails for all other situations. (Ord. 1699; Ord. 1598)
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
SECTION 11.2.10.005 OF CHAPTER 11.2.10 IS MODIFIED AS FOLLOWS:
11.2.10.005 Applicability.
The provisions of this chapter are applicable to the following zoning code district designations:
LC-RMD: Limited Commercial/Residential Medium Density Zone. To allow limited commercial and office uses in conjunction with residential uses.
MC-RHD: Mixed Commercial/Residential High Density Zone. To allow resident-serving, visitor serving, commercial, and office uses in conjunction with high-density residential uses.
PO: Professional Office. To allow office, medical and related uses that may also serve as a buffer area between residential areas and more intensive commercial areas.
MSSP: Main Street Specific Plan. To allow visitor-serving and resident-serving office, retail, restaurant, and personal service uses with upper floors devoted to office uses along Main Street.
SC: Service Commercial. To allow neighborhood-serving commercial areas that provide retail, restaurant, and personal service uses.
GC: General Commercial. To allow sub-regional and regional centers of commercial activity and may include both pedestrian- and auto-oriented development. Other typical uses are auto service stations, auto repair, and sales. (Ord. 1598)
TABLE 11.2.10.010 OF SECTION 11.2.10.010 IS MODIFIED AS FOLLOWS:
11.2.10.010 Land Use Regulations.
Table 11.2.10.010: Use Regulations—Commercial and Mixed-Use Districts prescribes the land use regulations for commercial and mixed-use districts. The regulations for each district are established by letter designations as follows:
“P” Uses permitted as-of-right that require no discretionary review if in compliance with all standards. “L” Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.10.010: Use Regulations— Commercial and Mixed-Use Districts. “M” Uses subject to a minor use permit following discretionary review by the planning commission pursuant to Chapter 11.5.20: Development Permits.
“C” Uses subject to a conditional use permit following discretionary review and public hearing by the planning commission pursuant to Chapter 11.5.20: Development Permits. “—” Uses that are not permitted.
The “Additional Regulations” column includes specific regulations applicable to the use classification, that are located elsewhere in this zoning code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in Table 11.2.10.010: Use Regulations—Commercial and Mixed-Use Districts are prohibited
Table 11.2.10.010
USE REGULATIONS— COMMERCIAL AND MIXED-USE DISTRICTS
Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
LC/R
MD
MCRHD
(L-9)
PO MSS
P
SC GC Additional Regulations
Residential Use Types
Single Unit Residential P — — L-1 — —
See Section 11.2.10.015 and
Section 11.4.05.060
Second Unit — — — — — —
Two-Unit Residential
(Duplex) P — — L-1 — —
Multiple Unit Residential P P — L-18 — —
Family Day Care
Small Family P P — — — —
Large Family C C C — C C See Section 11.4.05.045
Emergency Shelter — P — — — —
Group Housing — P C — — —
Senior Citizen Housing — P — — — —
Commercial Marijuana
Uses — — — — — —
See Section 11.4.100.010.A and C; and
Section 5.70.025
Marijuana—Outdoor
Cultivation — — — — — —
See Section 11.4.100.010.B; and
Section 5.70.025
Marijuana—Indoor
Cultivation at Private
Residence (legally
nonconforming private
residence)
L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025
Public, Semi-Public, and Service Use Types
Clubs and Lodges — C — — C C See Section 11.4.05.080
Community Center C C C — C C
Community Social Service
Facilities — C C — C C
Cultural Institutions — C C — C C See Section 11.4.05.080 Day Care Center C C C — C C See Section 11.4.05.045
Government Offices M M M M M M
Hospitals and Clinics
Hospitals — — C — C C
Clinics — C C — C C
Park and Recreation
Facilities P P P P P P
Parking Facilities, Public C C C C C C See Chapter 11.4.20 Public Safety Facilities M M M M M M
Religious Facilities — — C — C C
Residential Care Facilities See Section 11.4.05.105
Residential Care,
General — P C — C C
Residential Care,
Limited P P C — C C
Residential Care,
Senior — P C — C C
Schools, Private C C C — C C See Section 11.4.05.080
Commercial Marijuana
Uses — — — — — —
See Section 11.4.100.010.A and C; and
Section 5.70.025
Marijuana—Outdoor
Cultivation — — — — — —
See Section 11.4.100.010.B; and
Section 5.70.025
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LC/R
MD
MCRHD
(L-9)
PO MSS
P
SC GC Additional Regulations
Marijuana—Indoor
Cultivation at Private
Residence (legally
nonconforming private
residence)
L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025
Commercial Use Types
Adult Business
Establishments — — — — — P See Chapter 11.4.50
Animal Sales and Services — M — M M M
Artists’ Studios P P P P P P
Automobile/Vehicle Sales
and Services
Automobile Rentals — — — — M M
Automobile/Vehicle
Sales and Leasing — — — — — P
Automobile/Vehicle
Service and Repair,
Major
— — — — C C See Section 11.4.05.040
Automobile Service
Stations/Vehicle Service
and Repair, Minor
— — — — C C See Section 11.4.05.035
Automobile Washing — — — — M M
Large Vehicle Sales,
Services and Rental — — — — — A
Bakery L-4 L-4 — L-4 L-4 L-4
Banks and Other Financial
Institutions — P P P P P
With Drive-Through
Facilities — — C C C C See Section 11.4.05.050
Automated Teller
Machines (ATMs) — M M M M M See Section 11.4.05.030
Building Materials and
Services — — — — — C
Business Services P P P
L-2,
L-3 P P
Commercial Recreation
Large-scale — C — — C C
Small-scale — M — — M M
Eating and Drinking
Establishments
Bars — C — C C C
Coffee House/ Dessert
Shop — P —
P; L5; L-6 P P
Restaurants, Fast Food — C — — C C See Section 11.4.05.050 Restaurants, Full
Service — C — P, C P, C P, C See Section 11.4.05.015
Restaurants, Limited
Service — P — P P P See Section 11.4.05.015
Restaurants, Take Out
Only — P — P AM M
With Drive-Through
Facilities — — — — C C See Section 11.4.05.050
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LC/R
MD
MCRHD
(L-9)
PO MSS
P
SC GC Additional Regulations
With Outdoor Eating
Areas — M — M, C M, C M, C See Section 11.4.05.090
Extended Hour Business C C — — C C See Section 11.4.05.055 Food and Beverage Sales
Catering Services — P — — — P
Convenience Market — P — — P, C P, C See Section 11.4.05.015 General Market — P — P, C P, C P, C See Section 11.4.05.015 Liquor Stores — C — C C C See Section 11.4.05.070
Funeral Parlors and
Mortuaries — — — — — P
Home Improvement Sales
and Services — — — — — C See Sections 11.4.05.090 and 11.4.05.140 Hotels and Motels — — — — — C
Kennel — — — — C C
Kiosks — — — — M M See Section 11.4.05.065
Laboratories — — P
L-2,
L-3 P P
Maintenance and Repair
Services P P — — P P
Massage Establishment P P P
L-2,
L-3 P P
See Chapter 5.45, Massage and Massage
Establishments
Commercial Marijuana
Uses — — — — — —
See Section 11.4.100.010.A and C; and
Section 5.70.025
Marijuana—Outdoor
Cultivation — — — — — —
See Section 11.4.100.010.B; and
Section 5.70.025
Marijuana—Indoor
Cultivation at Private
Residence (legally
nonconforming private
residence)
L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025
Offices, Business and
Professional P P P
L-2,
L-3 P P
Walk-in Clientele P P P
L-2,
L-3 P P
Offices, Medical and
Dental P P P
L-2,
L-3 P P
Parking Facilities,
Commercial — — — C — C See Chapter 11.4.20
Personal Services P P P P P P
Retail Sales P P — P P P See Section 11.4.05.090
Large Format — — — — P P See Section 11.4.05.140
Smoke Shop — — — — C C See Chapter 5.75
Tattoo Establishments — — — — — C See Chapter 11.4.65
Theaters — — — C — C
Light Manufacturing Use Types
Contractors’ Yards — — — — — —
Handicraft/Custom
Manufacturing P P P P P P
Industry, Limited — — — — — —
Industry, General — — — — — —
Warehousing and Storage — — — — — —
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LC/R
MD
MCRHD
(L-9)
PO MSS
P
SC GC Additional Regulations
Commercial Marijuana
Uses — — — — — —
See Section 11.4.100.010.A and C; and
Section 5.70.025
Marijuana—Outdoor
Cultivation — — — — — —
See Section 11.4.100.010.B; and
Section 5.70.025
Marijuana—Indoor
Cultivation at Private
Residence (legally
nonconforming private
residence)
L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025
Indoor Commercial
Storage — — — — — —
Outdoor Storage — — — — — —
Personal Storage — — — — — —
Transportation, Communication, and Utility Use Types
Wireless Communication
Facilities See Chapter 11.4.70
Antennae and
Transmission Towers C C C C C C
Satellite dishes less
than 79″ in diameter P P P P P P
Recycling Facilities See Section 11.4.10.025
Recycling Collection
Point — — — — C C
Recycling Processing
Facility — — — — — C
Reverse Vending
Machines P P P P P P
Utilities, Major
Hazardous Waste
Facility — — — — — C See Chapter 11.4.60
Utilities, Minor P P P P P P
Agriculture Use Types
Nurseries — — — P P P
Commercial Marijuana
Uses — — — — — —
See Section 11.4.100.010.A and C; and
Section 5.70.025
Marijuana—Outdoor
Cultivation — — — — — —
See Section 11.4.100.010.B; and
Section 5.70.025
Marijuana—Indoor
Cultivation at Private
Residence (legally
nonconforming private
residence)
L-7 L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025
Other Applicable Use Regulations
Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L-1 Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots.
L-2 Not allowed on the ground floor along Main Street without a conditional use permit; allowed on side streets as a permitted use.
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L-3 If on the ground floor along Main Street permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots.
L-4 Bakery production sold at retail on-premises.
L-5 Permitted use if less than 1,000 square feet and less than 10 seats.
L-6 Minor use permit required if 1,000 square feet or more and 10 seats or more.
L-7 Limited to indoor marijuana cultivation of no more than 6 live marijuana plants for personal use, to be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured and conducted in accordance with Section 5.70.025 of Chapter 5.70.
L-8 Permitted on the second floor or above only. Ground floor residences are permitted if existing, but new ground floor residences are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots.
L-9 For mixed-use development or redevelopment on sites within the MC-RHD zone, such projects may be 100% residential use but in no case shall residential use occupy less than 50% of the total floor area of the mixed-use project. The prior sentence does not apply to tenant improvements or changes in nonresidential uses within existing nonresidential structures. (Ord. 1664; Ord. 1638; Ord. 1630; Ord. 1617; Ord. 1598) SECTION 11.2.10.015 OF CHAPTER 11.2.10 IS MODIFIED AS FOLLOWS:
11.2.10.015 Development Standards.
Table 11.2.10.015: Development Standards— Commercial and Mixed-Use Districts prescribes the development standards for the commercial and mixed use districts. The “Additional Regulations” column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this zoning code.
Table 11.2.10.015
DEVELOPMENT STANDARDS— COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD MC-RHD PO MSSP SC GC Additional
Regulations
Lot Size and Density
Minimum Lot Size (sq. ft.) 2,500 5,000 7,000 2,750 7,000 10,000 Maximum Floor Area Ratio 0.90 0.90 — — — —
Minimum Residential Floor
Area —
50% of
total floor
area (L-1)
— — — —
Residential Density (du/ac) —
Min. 40,
Max. 46
(L-1)
— — — — (A)
Maximum Residential Density - lot area per unit (sq. ft.) Base Density 2,500 — — — — — (A)
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LC/RMD MC-RHD PO MSSP SC GC Additional
Regulations
Density for Mixed Use
Development 2,000 — — — — — (A)
Density - Affordable Housing
Bonus
See Additional
Regulations
See Chapter 11.4.55:
Affordable Housing
Bonus
Building Form and Location
Maximum Building Height
(ft.) 35 Max. 5 stories 35 25, max. 2 stories 35 35 (B) Building Setback on Street
Frontages varies varies varies varies varies varies (C) Minimum Yard Requirements
Interior Side varies varies varies varies varies varies (C) (L) Rear varies varies varies varies varies varies (C) (L)
Building Transition Zone
Adjacent to R Districts Yes Yes (D)
Landscaping and Public Open Space
Public Open Space Yes Yes (E)
Minimum lot area to be
landscaped 5% 10% 10% 0% 10% 10%
See Chapter 11.4.30:
Landscaping and
Buffer Yards
Minimum required front yard
area to be landscaped 60% 25% — — — —
Limitations - Location of
Parking Yes (F)
Limitations on Curb Cuts Yes (G)
Limitations - Location of
Truck Docks; Loading and
Service Areas
Yes (H)
Off-Street Parking and
Loading Yes
See Chapter 11.4.20:
Off-Street Parking and
Loading
Reduced Parking
Requirements Yes
See Chapter 11.4.20:
Off-Street Parking and
Loading
Building Design
Building Orientation Yes (I)
Design Provisions — Yes — Yes — — (J) (P)
Special Requirements for Residential Development
Open Space (sq. ft. per unit) 100 — — — — — (K)
Private Open Space (sq ft
per unit) — Min. 48 — — — — (K)
Common Open Space (sq. ft.
per unit) 100—
Min. 15
per unit or
400 total,
whichever is
greater
— — — — (K)
Side and Rear Yard
Setbacks Yes Yes — — — — (L)
Other Applicable Development Standards
Consistency with Council
Adopted Design Guidelines,
Area Plans, or Specific Plans
(M)
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LC/RMD MC-RHD PO MSSP SC GC Additional
Regulations
Pedestrian Access to
Buildings Setback from the
Street
(N)
Projections into Required
Yards (O)
General Site Standards See Chapter 11.4.10: General Site Standards Fencing See Chapter 11.4.15: Fences, Hedges, and Walls
Parking and Loading See Chapter 11.4.20: Off-Street Parking and Loading Signs See Chapter 11.4.25: Sign Regulations
Landscaping and Buffer
Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Nonconforming Structures
and Lots
See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots L-1 For mixed-use development or redevelopment on sites within the MC-RHD zone, such projects may be 100% residential use but in no case shall residential use occupy less than 50% of the total floor area of the mixed-use project. The prior sentence does not apply to tenant improvements or changes in nonresidential uses within existing nonresidential structures.
A. Maximum Residential Density/Development Standards.
1. Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixed-use projects shall be in addition to floor area ratios permitted for commercial uses in Table 11.2.10.015, above, within the limits of all required yard, height and other developments standards.
a. FAR for Nonresidential Development. The FAR for nonresidential development in the LCRMD District is set forth in Table 11.2.10.015.A: Nonresidential FAR— LC-RMD District.
Table 11.2.10.015.A
NONRESIDENTIAL FAR— LC-RMD DISTRICT
Lot Size Maximum FAR
5,000 sq. ft. or less 0.90
More than 5,000 sq. ft. 0.75 - minimum 4,500 sq. ft.
2. Density Bonus for Mixed Use Projects. See Chapter 11.4.55: Affordable Housing Bonus regarding allowable density bonus programs.
3. Residential Development Standards. The residential development standards for the LC-RMD district are as follows.
a. Mixed Use Project. May only be located on the second floor in compliance with all applicable requirements of this chapter.
b. Residential Project. A residential development shall comply with all other applicable development standards for the RHD-20 district.
B. Building Height. Building height requirements are set forth in Table 11.2.10.015.B: Building Height—Commercial and Mixed-Use Districts.
Table 11.2.10.015.B
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BUILDING HEIGHT— COMMERCIAL AND MIXED-USE DISTRICTS
Commercial District Height
LC-RMD District
Lots less than 37.5 feet in width 30 feet
Lots greater than 37.5 feet in width
Front ½ of lot 25 feet, 2-story maximum
Rear ½ of lot 35 feet, 3-story maximum
MC-RHD
Within Coastal Zone 50 feet; 4 stories maximum
Outside Coastal Zone 65 feet; 5 stories maximum
PO District
District I 30 feet
District II 35 feet
MSSP District 25 feet, 2-story maximum
SC District
District I 30 feet, 3-story maximum
District II 35 feet, 3-story maximum
1. Additional Height. Additional height may be allowed at specific locations designated in design guidelines, planned unit developments, or specific plans adopted by the city council.
2. Accessory Commercial Structures. Accessory commercial structures shall not exceed 15 feet in height. See also Section 11.4.05.010: Accessory Business Uses and Activities.
3. Flood Zone Heights. In special flood hazard zones as defined in Title 9: Public Property, Public Works and Building Regulations, Chapter 9.45: Floodplain Management, the maximum building height is increased by the increase in elevation required to reach the base flood elevation.
C. Building Setbacks. Building Setbacks from street and alley frontages and interior lot lines are set forth in Table 11.2.10.015.C.1: Building Setbacks from Street Frontages— Commercial and Mixed-Use Districts, Table 11.2.10.015.C.2: Building Setbacks from Alleys— Commercial and Mixed-Use Districts, and Table 11.2.10.015.C.3: Building Setbacks from Interior Lot Lines— Commercial and Mixed-Use Districts.
Table 11.2.10.015.C.1
BUILDING SETBACKS FROM STREET FRONTAGES— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Street Frontage Building Setback
LC-RMD District
Commercial Use 6 foot average; 3 foot minimum
Side Street 10% lot width; 5 foot maximum
Residential Use 12 foot average; 6 foot minimum
Side Street 10% lot width; 8 foot maximum
MC-RHD
Street-facing 10% lot width; 10 ft minimum; 15 ft maximum Street-facing where directly across from an RLD-9
district
15 ft minimum
PO District
District I 10 feet minimum
Side Street 15% lot width; 3 foot minimum; 10 foot maximum District II 18 feet minimum
Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0 feet
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SC District
District I 0 feet
District II 35 feet, 3 story maximum
Side Street 15% lot width; 6 foot maximum
Rear Street 6 feet minimum
GC District
District I 0 feet
District II 35 feet, 3 story maximum
Side Street 15% lot width; 6 foot maximum
Rear Street 6 feet minimum
District VI 18 feet minimum
Table 11.2.10.015.C.2
MINIMUM BUILDING SETBACKS FROM ALLEYS— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Minimum Setback Distance from Alley LC-RMD District
Commercial Structure
Rear Alley 22 feet
Side Alley 4 feet
Residential Structure (includes garage)
15 foot wide alley 9 feet
12 foot wide alley 12 feet
13 foot wide alley 11 feet
Second Story and Above May encroach ½ the required first floor setback PO District
District I
15 foot wide rear alley 9 feet
12 foot wide rear alley 12 feet
13 foot wide rear alley 11 feet
Side alley 4 feet
District II
Rear alley 0 feet
Side alley 0 feet
MSSP District
Rear Alley 22 feet
Side Alley 4 feet
SC District
District I
Rear alley 22 feet
Side alley 4 feet
District II
Rear alley 4 feet
Side alley 4 feet
GC District
District I
Rear alley 22 feet
Side alley 4 feet
District II
Rear alley 4 feet
Side alley 4 feet
District VI
Rear alley 4 feet
Side alley 4 feet
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Table 11.2.10.015.C.3
BUILDING SETBACKS FROM INTERIOR LOT LINES— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Setback Distance from Interior Lot Lines LC-RMD District
Commercial Structure 0 feet
Residential Structure (includes garage) 3 feet minimum, 10 feet maximum MC-RHD District
Side yard 10% lot width; 5 feet minimum; 15 feet maximum Rear yard 6 feet minimum
PO District
District I
Side yard 10% lot width; 10 feet maximum
Rear yard 10 feet minimum
District II
Side yard 10% lot width; 15 feet maximum
Rear yard 18 feet minimum
MSSP District
Side yard 0 feet
Rear yard 10% lot width; 10 feet maximum
SC District
District I
Side yard 0 feet
Rear yard 10% lot width; 5 feet minimum, 10 feet maximum District II
Side yard 0 feet
Rear yard 6 feet minimum
GC District
District I
Side yard 0 feet
Rear yard 0 feet
District II
Side yard 0 feet
Rear yard 6 feet minimum
District VI
Side yard 10% lot width; 10 feet maximum
Rear yard 18 feet minimum
1. Building Setbacks and Landscaping Adjacent to Front Property Line. a. LC-RMD and MSSP Districts. Buildings in the LC-RMD and MSSP districts shall be located between zero and 10 feet from property lines facing a street, for at least 80% of the linear street frontage of the property. See Figure 11.2.10.015.C.1.a: Building Setback on Streets— LC-RMD and MSSP Districts. Up to 25% of the area between the property line and the building may be landscaped, subject to the following standards; all other setback areas shall be paved for public use.
i. Landscaping along the building frontage shall not exceed a depth that prevents pedestrian access up to building windows or detracts from a pedestrian street frontage, generally 2 feet.
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ii. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged.
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b. MC-RHD District. Buildings in the MC-RHD district shall be located between 10 and 15 feet from property lines facing a street, for at least 80% of the linear street frontage of the property. The entire front yard (required setback plus any additional open area) not including areas used for exit and entry shall be landscaped, subject to the following standards:
i. Native trees 15-gallon in size shall be planted no more than 25 feet on center. Where possible, tress shall be planted in the same configuration as the street trees to create a colonnade along the sidewalk.
ii. Shrubs at least 5-gallon in size shall cover at minimum 30% of required landscape area.
iii. At-grade landscaping and landscaping in raised planters shall be designed and located to punctuate building entrances and ground level windows and to create strong edges for plazas, patios, courtyards, and pathways.
iv. Tree species shall be selected to minimize shedding of flowers, fruit, or other debris over the right-of-way. Where trees do shed debris, the area must be maintained and kept clear of hazards.
v. All paving in required setback areas shall be either permeable or pervious. c. PO District. Buildings in the PO district shall be located between zero and 10 feet from property lines facing a street and for at least 70% of the linear street frontage of the property. See Figure
11.2.10.015.C.1.b: Building Setback on Streets— PO District. In the PO district, the area between the property line and the building shall be landscaped, except for pedestrian access walkways. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
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Figure 11.2.10.015.C.1.a
Building Setback on Streets— LC-RMD and MSSP Districts
Figure 11.2.10.015.C.1.b
Building Setback on Streets—PO District
d. Cross-Visibility Area in all districts.
i. Intersection of Driveways and Public Rights-of-Way. No development is allowed within a triangle having two sides 10 feet long and running along the driveway and public right-of-way, with the two 10-foot sides beginning at the intersection and the third side formed by a line connecting the two ends. All measurements shall be from the edge of the curb, or the edge of the vehicular travel area if no curb exists.
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ii. Intersection of Two Public Rights-of-Way. No development is allowed within a triangle having two sides 18 feet long and running along each public right-of-way, with the sides beginning at their intersection and the third side formed by a line connecting the two ends. All measurements shall be from the edge of the curb, or the edge of the vehicular travel area if no curb exists. (The triangle shall be referred to as the “cross-visibility area.”) Figure 11.2.10.015.C.1.c
Cross-Visibility Areas
D. Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts.
1. Residential Setback Shall Apply. For any portion of a structure adjacent to an adjoining residential district boundary along a common side yard boundary the minimum required setbacks of the residential district shall apply.
2. Daylight Plane Requirements. To protect privacy and minimize sunlight blockage, structures shall not intercept a 45-degree daylight plane inclined inward starting from 35 feet above existing grade at the setback line.the following heights:
a. 35 feet above existing grade at the setback line in the MC-RHD district along CA-1. b. 50 feet above existing grade at the setback line in the MC-RHD district along all other rights-of-way.
c. 35 feet above existing grade at the setback line in all other commercial and mixed-use districts.
3. Exceptions for Parking Structures. Exceptions to the above requirements are permitted for a one-story parking or garage structure that does not exceed 10 feet in height in a side or rear yard that does not front on a street.
E. Public Open Space. For buildings over 25,000 square feet in all districts and mixed-use buildings over 10,000 square feet in the MC-RHD district, outdoor open space which is accessible to the public during daytime hours shall be provided at a ratio of 25 square feet per 1,000 non-residential square feet of building. An open space area shall only be counted toward meeting the public open space requirement if it is possible to inscribe a rectangle within such area that has no side less than 15 feet in dimension.
Open space(s) shall be visible from a public street and shall be located within 40 feet of the street-facing property line.
1. Exceptions:
a. Minor Use Permit Required. A minor use permit is required pursuant to Chapter 11.5.20:
Development Permits for a public open space that is not visible from a public street and not located within 40 feet of the street-facing property line.
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b. In the MC-RHD district, residential-only projects are exempt from this requirement.
F. Limitations on Location of Parking.
1. Parking Location Generally. Commercial and mixed-use buildings shall be placed as close to the street as possible, with parking located either behind habitable space, on the interior side or rear of the site, underground, or in parking structures. See Figure 11.2.10.015.FG: Limitations on Parking and Curb Cuts.
2. Parking Location—LC-RMD, MC-RHD, PO, and MSSP Districts. Above ground parking may not be located within 40 feet of a street facing property line in the LC-RMD, MC-RHD, PO, and MSSP districts.
a. Exceptions. Exceptions may be granted with the approval of a minor use permit pursuant to Chapter 11.5.20: Development Permits for projects that do not meet this standard, including projects with parking on upper levels.
b. Additional Findings. Additional findings for approval of a minor use permit for exceptions to this regulation are as follows:
i. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and any parking within 40 feet of the street facing property line is well screened with a wall, hedge, trellis, and/or landscaping. ii. The site is small and constrained such that underground parking or surface parking located more than 40 feet from street frontages is not feasible.
3. Additional Parking Facility Requirements. See Chapter 11.4.20: Off-Street Parking and Loading for additional parking facility requirements.
4. Parking and Driveway Design in the MC-RHD District.
a. Parking Design. Parking may be located in individually secured “tuck-under” garages; a shared garage (podium or underground); or an above-ground structure “wrapped” with habitable spaces. Detached garages and carports are not allowed. All parking spaces, whether individual or shared, shall be secured.
b. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50% of the frontage of each unit.
Figure 11.2.10.015.F.4.b: Individual Garages
c. Parking Visibility. Where structured parking faces the street frontage, the structure must be either:
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i. A maximum of 30% of the building frontage or 60 feet in length (whichever is greater); ii. Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; and iii. Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.
Figure 11.2.10.015.F.4.c: Parking Visibility
d. Upper-level visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:
i. Regular openings designed to resemble windows of habitable spaces; ii. A trellis or living wall; or
iii. Textured or decorative screening.
Figure 11.2.10.015.G
Limitations on Parking and Curb Cuts
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e. Parking garages shall be designed to accommodate large vehicles. The structure shall have a height clearance of a minimum of 8.5 feet.
G. Limitations on Curb Cuts.
1. Curb cuts are limited to a maximum of 25 feet of linear frontage for property that does not exceed 10,000 square feet in area. This may be achieved through a combination of 1 or 2 separate Lisa Wise Consulting, Inc.
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curb cuts. See Figure 11.2.10.015.F: Limitations on Parking and Curb Cuts. Curb cut width is measured to include the vehicular access area only, excluding any transition or “wing” sections outside of the area intended for vehicular access.
2. Curb cuts are not allowed on lots that have alley access.
3. Curb cuts shall be located in the location least likely to impede pedestrian circulation and vehicular traffic flow.
4. Additional areas for curb cuts are allowed for properties over 10,000 square feet where it can be demonstrated that additional cuts are necessary to protect pedestrian safety or accommodate total vehicular traffic.
5. Sites abutting an existing or proposed alley. For new developments, proposed new street curb openings or retention of existing street curb openings shall not be permitted for residential property which abuts an alley. All vehicle access shall be from the alley.
An exception may be made in the case of corner lots where the street on which the proposed new or existing curb opening is not located on an arterial street and the street frontage is available for the full depth of the lot, subject to the one of the following conditions:
1. A new curb opening from the street shall be permitted where existing utility conditions, that cannot be removed/relocated, prevent alley access and one (1) additional covered nontandem off-street parking space beyond code required amount is being provided. The proposed new curb opening shall be located to maximize the remaining on-street parking; or
2. An existing curb opening can be maintained or relocated when one (1) additional covered non-tandem off-street parking spaces beyond code required amount is being provided and no loss of on-street parking is proposed.
In no case shall there be more than one (1) street curb opening on a residential property that abuts an alley.
H. Limitations on Location of Truck Docks, Loading, and Service Areas. Truck docks, loading, and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street-facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Facilities within 150 feet of a residential district shall provide screen walls and sounds attenuation to comply with a noise level of 55 CNEL at the residential district boundary. Exceptions may be granted with approval of a minor use permit pursuant to Chapter 11.5.20: Development Permits, if an alternative location for the truck dock, loading and/or service area better protects the pedestrian environment of the commercial district and/or better shields adjoining residential neighborhoods from noise and visual impacts.
1. Exception—MSSP District. Truck docks are not permitted in the MSSP District. All loading and service shall be accomplished from either Main Street or the alleyways in such a manner as to not impede traffic to the maximum extent practicable.
I. Building Orientation.
1. Primary Entrance Toward Public Street. All buildings located along a public street shall be oriented toward, and have their primary entrances toward, the public street.
Exception: Minor Use Permit Required. A minor use permit is required pursuant to Chapter 11.5.20:
Development Permits for a building located along a public street that is not oriented toward, and does not have their primary entrances toward, the public street.
2. Interior Buildings— Entrance from Sidewalk. All buildings and dwelling units located in the interior of a site shall have entrances from sidewalks that are designed as an extension of the public sidewalk and connect to a public sidewalk.
J. Design Provisions— Main Street Specific Plan District. All buildings in the Main Street Specific Plan District shall meet the following criteria:
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1. Transparency. At sidewalk level, buildings shall be primarily transparent. A minimum of 50% of all first floor façades with street frontage shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The building wall subject to transparency requirements shall include the portion between 3 feet and 10 feet above the sidewalk.
Blank walls should be avoided and lively façades encouraged.
2. Glass. All glass in windows and doorways shall be clear for maximizing visibility into stores. A minimal amount of neutral tinting of glass to achieve some sun control is acceptable if the glass appears essentially transparent when viewed from the outside. Opaque and reflecting glass shall not be used.
3. Window Security Bars. Window security bars shall only be allowed if installed on the interior of the window area.
4. Façade Set-Back. Buildings shall be located on or within 4 feet of the street property line.
Exceptions shall be: (a) outdoor restaurant seating areas or (b) areas where abutting buildings are, as of the effective date of this title, set back creating in effect continuous store frontages with a wider sidewalk. In the latter case, the abutting buildings’ set back shall be considered the equivalent of the property line.
5. Façade Continuity. Building street façades shall be continuous from lot line to lot line. Parking or loading areas shall not abut Main Street or Ocean Avenue frontages.
6. Façade Width. Façades of interconnecting buildings should retain their individual identity.
Buildings should not be remodeled or painted to give the appearance of a single building. Any street side building façade exceeding 50 feet in width shall be segmented into individual designs not exceeding 50 feet in width.
7. Trademark Buildings. Trademark buildings used to house a franchise operation shall be prohibited.
K. Open Space Requirements for Residential Uses. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space.
1. Required Open Space in the MC-RMD District. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space.
2. Residential Open Space in the MC-RHD District. Residential open space in the MC-RHD district must comply with the standards of Table 11.2.10.015, Development Standards— Commercial and Mixed-Use Districts as well as the following standards. a. Private Open Space Design. The minimum dimension of any private open space is eight feet for ground-level units or units directly over podium parking, and six feet for any upper-level units.
b. Common Open Space Design.
i. The minimum dimension of any common open space shall be 15 feet. ii. Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops, provided they are accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room. iii. Common open space may be designed as landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, parklets, dog parks, or other such improvements that enhance the outdoor environment of the development. iv. Surfaces of common open spaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing. No more than 70percent of common open area may be hardscaped.
v. The slope of common open space shall not exceed 10%.
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3. All required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the height limit provisions of Table 11.2.10.015. The provisions of Section
11.2.10.015.O: Projections, are not applicable to roof decks.
L. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply for any side or rear yard not fronting a street.
When the site is adjacent to a residential district, the standards of subsection 11.2.10.015.D—Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts, above also apply, and the project must comply with whichever standard is stricter. The length of the required setbacks must be at least the width of the window plus 3 feet on either side and never less than 10 feet:
1. 5 feet for any wall with windows.
2. 10 feet for any wall with bedroom or kitchen windows.
3. 15 feet for any wall with living room or other primary windows.
4. The building shall be set back 1 foot for every 2 feet of height above 50 feet in the MC-RHD district and above 35 feet in all other commercial and mixed-use districts. See Figure 11.2.10.015.L:
Required Side and Rear Yards for Residential Uses in Mixed Use Zones. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
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Figure 11.2.10.015.L
Required Side and Rear Yards for Residential Uses in Mixed Use Zones M. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments, specific plans, or other similar documents that give specific guidance for development on private property and public improvements.
N. Pedestrian Access to Buildings Set Back from the Street.
If a minor use permit is approved for buildings in the LC/RMD, MSSP, or MSSPMC-RHD Districts set back farther than the minimum 10-foot setback requirement, the following standards shall apply:
1. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial areas. These connections shall remain accessible at all times and not be gated.
2. To Street Network. Pedestrian access from the public right-of-way to the primary uses on the site shall occur as often as necessary to connect the on-site walkways and the public sidewalk.
Landscape strips shall be crossed for pedestrian access at regular intervals. When pedestrian access to a site is in the same location as automobile entries (i.e., at driveways), the auto and pedestrian paths shall be separated from each other by a curb. The pedestrian access shall be integrated with the parking lot landscaping so as to provide a shaded walkway.
3. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances with public sidewalk and pedestrian walkways. Sidewalk “bulb-outs” or bus “pullouts” may be required at potential bus stops.
4. Pedestrian Walkway Design.
a. Primary pedestrian routes and access points shall be specially treated and include trees at regular intervals, adequate lighting, and paving that distinguishes pedestrian from automobile areas. A minimum 5-foot wide clear walkway is required to ensure pedestrian safety.
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b. All dedicated pedestrian routes, including those through parking areas, shall be separated from automobile routes by a curb.
O. Projections. Projections into yards are permitted subject to the following standards:
1. Projections into Required Yards. Projections into required yards are permitted subject to the following standards:
a. Architectural Features.
a. Architectural Features in the MC-RHD district. Architectural features such as bay windows 8 feet or less in length, cornices, eaves, canopies, and chimneys may not:
i. Extend closer than 3 feet to any interior side or rear lot line. ii. Project more than 3 feet into any required street-facing setback. b. Architectural Features in all other commercial and mixed-use zones. Architectural features, such as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and chimneys may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback.
2. Stairs, Decks, and Balconies.
a. Stairs, Decks and Balconies in the MC-RHD district. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from any interior side or rear lot line, nor project more than 3 feet into any required street-facing setback,
b. Stairs, Decks and Balconies in all other commercial and mixed-use zones. Open uncovered stair landings, decks, and balconies 12 feet or less in length and less than 6 feet above grade may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback. (Ord. 1658; Ord. 1598)
P. Design Standards in the Mixed Commercial/Residential High Density (MC-RHD) Zone. All buildings in the MC-RHD district shall meet the following criteria:
1. Block Standards. The maximum block length of new blocks is 500 feet or 800 feet long when an alley is provided through the block.
a. The new through streets may become dedicated rights-of-way or remain private roads so long as the streets are publicly accessible.
b. All new streets must include continuous sidewalks and bike lanes.
2. Building Separation. The minimum distance between buildings walls with front doors or primary living room windows shall be 20 feet.
3. Street-Facing Building Step-backs.
a. All street-facing building facades must be stepped-back at the fourth story and above by a minimum six horizontal feet from the ground floor façade. b. Where facing an RL district on the opposite site of the right-of-way, the third story and above zone must be stepped back a minimum eight feet from the ground floor façade. c. A sixth story may be allowed provided that the top three stories contain a minimum stepback of 40 feet from the ground floor façade and that the elevated space provided by the stepback is usable and landscaped.
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Figure 11.2.10.015.P.2: Street-Facing Step-backs
4. Vertical Articulation.
a. Building facades up to 75 feet in length along a right-of-way must be separated into façade bays no greater than 35 feet in width defined by a recess a minimum of 5 feet in depth and two or more of the following:
i. A change in roof parapet height or shape;
ii. A change in roof form and slope; or
iii. A change in building height with a minimum difference of 8 vertical feet.
Figure 11.2.10.015.P.3.a: Vertical Articulation – Facades up to 75 Feet in Length b. When a building facade exceeds 75 feet in length along a right-of-way, it must be separated into façade bays no greater than 50 feet in width defined by a recess a minimum of 8 feet in depth and two or more of the following:
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i. A change in roof parapet height or shape;
ii. A change in roof form and slope; or
iii. A change in building height with a minimum difference of 8 vertical feet.
Figure 11.2.10.015.P.3.b: Vertical Articulation – Facades over 75 Feet in Length [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
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5. Roof Form and Design.
a. Allowed Roof Forms. Roof forms shall be limited to:
i. Hipped
ii. Gable
iii. Dormers where dormers do not exceed 8 feet in length, iv. Parapet
(a) Parapet segments may not exceed 25 feet in length without interruption in height or form.
(b) Parapets may take the form of a false gable enclosing a flat roof. v. Roof-line balustrade.
b. Pitch. The pitch of the roof must be 3:12 to 5:12 ratio. Solar roofs and other Building Integrated Photovoltaic (BIPV) roof designs are exempt if needed to achieve a net zero energy consumption result on site.
c. Eaves. Where eaves exceed 18 inches in depth, exterior brackets or beams are required.
6. Building Entrances.
a. Entry location.
i. Each street-facing building façade must have at least one pedestrian entry into the structure.
ii. All ground floor dwelling units located along public rights-of-way, public open space, or internal pathways must have a primary entrance, either individual or shared, facing a public street, open space, or pathway.
iii. Primary entrances to ground floor dwelling units internal to a site may face an internal drive aisle or pathway. Such units must be designed so that the primary entryway is visible from a pedestrian pathway connected to a street. iv. Street-facing non-residential building façades must incorporate at least one ground floor Shopfront entrance per 50 linear feet of building frontage (see 11.2.10.015.c.iv below).The Shopfront entrance may be paired with a Terrace entrance (see
11.2.10.015.c.iii below.
b. Entry protection. All building entrances must have a roofed projection or recess with a minimum depth of four feet and a minimum horizontal area of 24 square feet. c. Entry types. Building entries must take one of the following forms:
i. Stoop.
(1) Width of stoop: Minimum 5 feet, maximum 12 feet
(2) Depth of stoop: Minimum 5 feet, maximum 8 feet
(3) Finish floor level above sidewalk: Minimum 18 inches (4) Projection depth: Minimum 5 feet, maximum 8 feet
(5) Clear height to projection: Minimum 8 feet
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Figure 11.2.10.015.P.5.c.i: Stoop
ii. Dooryard.
(1) Width of usable yard area: Minimum 6 feet
(2) Depth of dooryard from door: Minimum 4 feet, maximum 8 feet (3) Projection depth: Maximum 6 feet
(4) Height of enclosure: Maximum 3 feet.
(5) Clear height to projection: Minimum 8 feet, maximum 12 feet Figure 11.2.10.015.P.5.c.ii: Dooryard
iii. Terrace.
(1) Width of terrace: Maximum 120 feet
(2) Depth of terrace: Minimum 8 feet
(3) Distance of between entry stairs: Maximum 50 feet
(4) Finish floor level above sidewalk: Minimum 24 inches; maximum 5 feet (5) The at-grade areas, not including areas used for exit and entry, shall be landscaped.
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Figure 11.2.10.015.P.5.c.iii: Terrace
iv. Shopfront.
(1) Combined recess/projection depth: Minimum 4 feet
(2) Projection setback from curb: Minimum 2 feet
(3) Clear height: Minimum 8 feet
(4) Finish floor level above sidewalk: Maximum 12 inches (5) Shopfront width: Minimum 6 feet, maximum 20 feet
(6) Shopfront entrances are allowed for non-residential uses only. (7) On buildings with street frontages exceeding 50 feet in length, shopfront frontages must incorporate:
• A recess a maximum depth of 4 feet and minimum width of 6 feet to provide additional window display space; and
• Variations in building base, awnings, materials, and/or color to visually articulate individual shopfronts.
Figure 11.2.10.015.P.5.c.iv: Shopfront
c. Separation of Residential and Non-residential Entrances. Entrances to residential units, either shared or common, shall be a minimum 30 horizontal feet from commercial entrances. d. Upper Floor Entrances. Exterior stairs to upper units are not permitted.
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7. Ground Floor Design.
a. Ground Floor Height. The minimum ground floor height for buildings with nonresidential uses at the ground level is 15 feet, with a minimum 12-foot clearance from floor to ceiling. For residential buildings, a ground floor garage may be exempt from this requirement, subject to evaluation by the decision-making authority in the review process. b. Finished Floor Height for Residential Uses. The maximum finished floor height for ground floor residential uses is five feet above grade.
8. Window and Door Design.
a. Window Recess and Trim. All windows must be either:
i. Recessed a minimum of 1 inch from the outer wall surface with trim at least 2 inches in width; or
ii. Recessed a minimum of 3 inches from the outer wall surface. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
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Figure 11.2.10.015.P.7.a: Window Design
b. Exterior Doors. Exterior doors must include raised panels, glass, transom windows, or other forms of details and articulation and must be inset a minimum of 3 inches from the building façade.
9. Residential Unit Design.
a. Affordable Unit Design. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.
b. Universal Design. For residential projects with at least 10 dwelling units, a minimum 15% of the units must adhere to the following principles of Universal Design. At minimum, this includes:
i. At least one entrance without steps and a flat threshold. ii. Living space on one floor or stair landings big enough to accept lifts. iii. Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60 by 60-inch turning space at doors, in kitchens, and dead ends. iv. At least one bathroom must be located on the ground level. v. A 30 by 48-inch clear space at appliances and fixtures in bathrooms and kitchens.
10. Exterior Lighting.
a. Fixtures. All exterior lighting fixtures shall be a cutoff fixture oriented downward, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building use and sensitive habitat such as riparian habitat, streams, and wetlands. b. Controls. All exterior lighting must be capable of accepting controls that enable dimmers, timers motion sensors, or networking to avoid unnecessary lighting and energy use, especially in areas adjacent to sensitive habitat, such as riparian habitat, streams, and wetlands. c. Exterior Building Lighting. Ground-floor building façades, an adjacent four-foot-wide zone, and signage shall be illuminated with lighting fixtures that are placed:
i. Every 40 feet or less for all building façades to illuminate the sidewalk along primary and secondary streets.
ii. Every 30 feet or less for all building façades facing public open spaces and pathways. iii. Every 20 feet or less for all ground floor blank walls. d. Electrical elements such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.
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e. Other On-site Lighting.
i. Driveways, circulation areas, aisles, passageways, and recesses, shall achieve a minimum one foot-candle of illumination at ground level. ii. Lighting shall be designed and installed so that light and glare is not directed onto residential use areas, adjacent public rights-of-way, or sensitive habitat, such as riparian habitat, streams, and wetlands.
f. Prohibited Lighting. The following types of exterior lighting are prohibited:
a. Mercury vapor luminaires;
b. Searchlights;
e. Aerial lasers.
d. Lighting with a color temperature that exceeds 4000 kelvin.
11. Signage.
a. All monument signage shall be consistent with the design of the primary building in terms of materials and colors.
b. Signage in mixed-use areas shall be provided and located to facilitate access to structured parking for all abutting rights-of-way.
12. Design in the Coastal Zone of the MC-RHD District. Development in the Coastal Zones is subject to the requirements of the Seal Beach Local Coastal Program.13. Refuse Areas. a. All refuse areas shall be accessible.
b. Refuse areas shall not be visible from rights-of-ways. c. Refuse areas shall be a minimum of 10 feet from all building entrances.
SECTION 11.4.85.015 OF CHAPTER 11.34.85 IS MODIFIED AS FOLLOWS:
11.4.85.015 Residential Use Classifications.
A. Residential Housing Types.
1. Single Unit Dwelling. One dwelling unit, attached or detached, located on a single lot. This use includes manufactured housing but not mobile homes.
2. Accessory Dwelling Unit. An attached or detached accessory residential dwelling unit per state law that provides complete independent living facilities for 1 or more persons and is located on the same lot as a primary, single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the primary dwelling. See Section 11.4.05.115: Accessory Dwelling Units in Chapter 11.4.05: Standards for Specific Uses.
3. Two-Unit Dwelling (Duplex). A single building that contains 2 primary dwelling units, or a single lot with 2 freestanding buildings, each of which is designed for occupancy by one household.
4. Multiple Unit Residential. Three or more dwelling units on a single site or lot. Types of multiplefamily dwellings include: townhouses, garden apartments, and other apartment buildings.
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,,B.B. Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for families or individual persons where occupancy is limited to six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided. (See Government Code Section 65583.) Emergency shelter may include other interventions, including, but not limited to, a low-barrier navigation center, transitional housing, and respite or recuperative care.
C. Family Day Care. A day-care facility licensed by the California State Department of Social Services that is located in a single-family residence or other dwelling unit where an occupant of the residence provides care and supervision for children.
1. Small Family. A facility which provides care for 8 or fewer children.
2. Large Family. A facility which provides care for 7 to 14 children.
CD. Group Housing. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes rooming and boarding houses, dormitories, and private residential clubs, offering shared living quarters, but excludes hotels, residential care facilities and transitional housing facilities.
DE. Senior Citizen Housing. Housing that is available only to households occupied by senior citizens, qualifying residents, and permitted health care residents, subject to the limitations of Civil Code Section 51.3 or any successor statute. Notwithstanding the foregoing, residents of senior citizen housing may host guests that are not senior citizens, qualifying residents, or permitted health care residents, for up to 60 days per year.
EF. Transitional Housing. Establishments providing temporary housing in a structured living environment and where residents have access to various voluntary support services, such as health, mental health, education and employment/training services to obtain skills necessary for independent living. Living accommodations are shared living quarters with or without separate kitchen or bath facilities for each room or unit. The occupancy period shall be at least 30 days. This category excludes temporary housing that does not include support services and community social service facilities such as emergency shelters. (Ord. 1699; Ord. 1598)
SECTION 11.4.85.025 OF CHAPTER 11.4.85 IS MODIFIED AS FOLLOWS:
11.4.85.025 Commercial Use Classifications.
A. Animal Sales and Services. Retail sales and services of animals, including grooming, and/or veterinary care for animals on a commercial basis. This classification allows 24-hour accommodation of animals receiving medical or grooming services but does not include kennels. This classification also excludes dog walking and similar pet care services not carried out at a fixed location, and retail stores selling pet supplies only.
B. Kennel. Facilities for keeping, boarding, training, breeding or maintaining for commercial purposes, 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming services.
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C. Artists’ Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is required.
D. Automobile/Vehicle Sales and Services.
1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance.
2. Automobile/Vehicle Sales and Leasing. Sales or leasing of automobiles, motorcycles, trucks, and/or lawn and garden-type tractors, including storage and incidental maintenance.
3. Automobile/Vehicle Service and Repair, Major. Repair of automobiles, trucks, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair, body and fender, transmission, tire, muffler, and wheel and brake shops, as well as auto glass services, but excludes vehicle dismantling or salvaging and tire re-treading or recapping.
4. Automobile/Vehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories, including gasoline service stations; gas convenience marts; quick-service oil, tune-up; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not typically stored overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, and repair of heavy trucks or construction vehicles.
5. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
6. Large Vehicle Sales, Service, and Rental. Sales, servicing, and rental of trucks, motor homes, recreational trailers and equipment, boats, and other similar vehicles.
E. Banks and Other Financial Institutions. Financial institutions providing retail banking services.
This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, and businesses offering check-cashing facilities.
1. With Drive-Through Facilities. Financial institutions providing retail banking services to patrons remaining in automobiles.
2. Automated Teller Machines (ATMs). Automated devices that perform banking or financial functions operated by the consumer.
F. Bed and Breakfasts. Establishments providing guest rooms for lodging on a less-than-weekly basis, within a single-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents only.
G. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments and includes establishments devoted principally to taxable retail sales to individuals for their own use.
This definition does not include building contractors’ yards, large-scale “warehouse” stores (see Home Improvement Sales and Services), hardware stores with less than 10,000 square feet in floor area, or plant nurseries.
H. Business Services. Establishments that primarily provide goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, and model building.
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I. Commercial Recreation. Provision of participant or spectator recreation to the general public, excluding public park and recreation facilities.
1. Large-Scale. This classification includes large indoor or outdoor facilities including: sports stadiums and arenas; amusement and theme parks; bowling centers; racetracks; amphitheatres; driving ranges not in conjunction with a golf course; large fitness centers, gymnasiums, handball, racquetball, or tennis club facilities greater than 20,000 square feet; ice or roller skating rinks; swimming or wave pools; miniature golf courses; archery or indoor shooting ranges; riding stables; campgrounds; stables, etc. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
2. Small-Scale. This classification includes small, generally indoor facilities, although some facilities may be outdoor, including: billiard parlors, dance halls, gymnasiums, handball, racquetball, or tennis club facilities less than 20,000 square feet, poolrooms, and amusement arcades. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
J. Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
1. Bars. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of beer.
2. Restaurants, Fast Food. Establishments where ready-to-eat prepared foods and beverages are:
(a) sold for immediate consumption on- or off-premises; (b) are available upon a short waiting time; and (c) are packaged and served in or on disposable wrappers, containers, or plates. Fast-food restaurants may also exhibit other design and operating characteristics, including: a limited menu, food is paid for prior to consumption, the facility in which the activity/use is occurring provides a take-out counter space and substantial delineated area for customer queuing, employees generally wear a standard uniform, and the facility has late or long hours of operation.
3. Restaurants, Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided.
4. Restaurants, Limited Service. EstablishmentsAn establishment where food and beverages are prepared and may be consumed on the premises, taken out, or delivered, but where nolimited table service is provided and patrons pay before eating. This classification includes . Includes cafes, cafeterias, delis, coffee shops, and snack bars but excludesdelicatessens, fast-food restaurants and take-out only, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. Excludes drive-through establishments.
5. Restaurants, Take-Out Only. Establishments where food and beverages are prepared and may be taken out or delivered, but may not be consumed on the premises. No seating is provided on the premises.
6. With Drive-Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.
7. With Outdoor Eating Areas. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way.
K. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include markets, groceries, liquor stores, and retail bakeries.
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1. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption.
2. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a service station but does not include delicatessens or specialty food shops. It excludes establishments which have a sizeable assortment of fresh fruits and vegetables or fresh cut meat.
3. General Market. Retail markets of food and grocery items for primarily offsite consumption.
Typical uses include supermarkets, and specialty food stores such as bakeries, candy, nuts and confectionary stores, meat or produce markets, vitamin and health food stores, cheese stores and delicatessens.
4. Liquor Stores. Establishments primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and liquor.
L. Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
M. Home Improvement Sales and Services. Retail sales, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, lumber, tools and equipment, plants and garden products, rocks and soils, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings, or wallpaper. This use classification does not include hardware stores with less than 10,000 square feet of area, or plant nurseries. See also subsection W: Retail Sales, of this section.
N. Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of 30 consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property.
O. Laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, research and development or testing services.
P. Live/Work Unit. An artist, commercial or industrial unit with incidental residential accommodations that includes adequate working space reserved for artist, commercial or industrial use and regularly used for such purpose by one or more persons residing in the unit and a cooking space and sanitary facilities in conformance with applicable building standards. Up to 50% of the gross floor area may be reserved for and primarily used as living space.
Q. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats and pest control services.
R. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, advertising, architectural, Lisa Wise Consulting, Inc.
City of Seal Beach Zoning Amendments – Hearing Draft
computer software design, engineering, graphic design, insurance, interior design, investment, and legal offices. This classification excludes hospitals, banks, and savings and loan associations.
Walk-in Clientele. Offices of firms or organizations providing services to the public that rely on heavy pedestrian activity and constant visits by clients, including real estate offices, landlord-tenant services, credit counseling, and financial tax services.
S. Offices, Medical and Dental. Offices of firms or organizations providing medical or dental services, such as physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification includes medical/dental laboratories within medical office buildings but excludes clinics or independent research laboratory facilities.
T. Parking Facilities, Commercial. Surface lots and structures offering parking to the public for a fee when such use is not incidental to another activity.
U. Personal Improvement Services. Provision of instructional services or related facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; diet centers, reducing salons, single-purpose fitness studios such as yoga studios or aerobics studios. This classification is intended for more small-scale storefront locations and is distinguishable from small-scale commercial recreation uses that tend to occupy larger sites and generate more noise. This classification does not include massage exceptAn establishment that offers specialized programs in personal growth and development such as music, martial arts, photography, vocal, fitness, yoga, dancing, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction.
These establishments do not grant diplomas or degrees, though instruction could provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.
Massage, Accessory. A use where massages occur as an accessory to a personal improvement services use, either permanently or temporarily, and the area where the massage occurs occupies less than 20% of the gross floor area of the principal personal improvement services use.
V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, and travel agencies. This classification does not include massage except as an accessory use.
Massage, Accessory. A use where massages occur as an accessory to a personal services use, either permanently or temporarily, and the area where the massage occurs occupies less than 20% of the gross floor area of the principal personal services use.
W. Retail Sales. The retail sale and rental of merchandise not specifically listed under another use classification. This classification includes drug stores, pharmacies, department stores, clothing stores, furniture stores, pawn shops, pet supply shops, hardware stores, video rental stores, and businesses retailing goods including: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware (under 10,000 square feet of sales area), appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
Large Format. Retail establishments having over 20,000 square feet of sales area with a primary façade over 100 feet in length that sells merchandise and bulk goods for individual consumption, including membership warehouse clubs and superstores.
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X. Tattoo Parlors. Facilities that apply tattoos to the human body.
Y. Theaters. Live and motion picture theaters. (Ord. 1598) [BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
MAIN STREET SPECIFIC PLAN
CITY OF SEAL BEACH
JULY 8, 1996
Amended December 9, 2024
Amended October 27, 2025
Main Street Specific Plan Zucker Systems
ACKNOWLEDGEMENTS
City Council Planning Commission
Mayor Gwen Forsythe Chairperson Patti Campbell
Mayor Pro Tem Marilyn Hastings Vice-Chairman Brian Brown Councilman George E. Brown Commissioner Anton Dahlman
Councilman Bill Doane Commissioner Mary Law
Councilman Frank Laszlo* Commissioner Jim Sharp
Councilwoman Patti Campbell
City Staff Consultants
Joanne Yeo, City Clerk Zucker Systems, San Diego
Jerry Bankston, City Manager** Paul C. Zucker, President Keith R. Till, City Manager Laurie Price, Planner
Lee Whittenberg, Director of Ryan McAweeney,
Development Services Graphic Designer
Barry Curtis, Assistant Planner Amy Becker
Dept. of Development Services Administration Assistant
Joan Fillmann, Executive Secretary,
Dept. of Development Services Linscott, Law & Greenspan, Costa Mesa
Jack Greenspan, P.E.
Jay Nelson
___________________
*Former Member of City Council
**Formerly with City
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TABLE OF CONTENTS
1. INTRODUCTION…………………………………………….…....….…….1
A. Vision…………………………………………………………....….……1
B. Statutory Authority……………………………………….………………3
C. Relation to the General Plan……………………………………………..3
D. Relation to the Zoning Code and Other City Ordinances……….……….4
2. LAND USE…………………………………………………………….……5
3. BUILDING AND DESIGN PROVISIONS………………………………..13
4. MAIN STREET OUTDOOR PROGRAM……………………...………22
5. PARKING AND TRAFFIC…………………………….….…………37
A. Parking……………………………………………….……….……37
B. Traffic………………………………………………..…….………40
6. PUBLIC FACILITIES…………………………...…………………50
A. Street Trees……………………………………………………...50
B. Utility Lines and Poles………………………………………….52
C. Benches…………………………………….……………………52
D. Street Lighting………………………………………………….53
E. Bicycle Facilities……………………………………………..…53
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F. Landscaping…………………………………………………..…53
G. Signs on Public Sidewalks……………………………………...54
H. Other Public Facilities……………………………………….....55
I. Outdoor Uses on Public Sidewalks……………………………….55
7. SCREENING OF PRIVATE PARKING LOTS……………..……..56
8. DOWNTOWN MANAGEMENT………………………………….58
9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL PLAN 60 Main Street Specific Plan
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APPENDIX
BACKGROUND STUDIES…………...……………………..(Separate Document)
LIST OF TABLES
1. 1994 Street Level Land Use by Type and Number
of Businesses within Specific Boundary…………………………………….6
2. Establishments Serving Alcohol by Type of License………………………..8
3. Outdoor Uses Development Standards…………………………...……...25
4. Parking Inventory…………………………………….…...………….37
LIST OF FIGURES
1. Main Street Specific Plan Boundary…………………………………….….2
2. Street Trees………………………………………………………….….51
3. Parking Lot Screening………………………………………………….57
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1. INTRODUCTION
A. Vision
The Main Street Specific Plan has been prepared by the City of Seal Beach to provide a long range “vision" and implementing actions for the preservation and enhancement of downtown Seal Beach. The Plan applies to the approximately 21 acres shown on Figure 1. It includes the previous C-1 zoning district surrounding Main Street, the previous C-2 zone at the corner of Main Street and Pacific Coast Highway and related public uses. The regulatory portions of the Specific Plan are implemented through the creation of a new Main Street Specific Plan Zone (C-SP Zone) in the City's Zoning Code.
This Plan revises a Main Street Specific Plan adopted by the City Council in January 1976. It builds on a report prepared by the Downtown Parking and Urban Design Task Force in 1984. The current Plan is the result of studies conducted in 1994 and 1995. The study included numerous interviews, an opinion survey sent to 1,200 residents and businesses with a 50% return, detailed parking counts, an up-to-date land use survey, and various other field studies.
The Plan is based on the following vision:
VISION
The Main Street area is particularly important because it is a cohesive agent for a city that is geographically fragmented. The vision for Main Street is small town America. Important features include a family town with friendly people who care for each other. A pedestrian oriented area where people walk and feel safe on the street at night. An area with both architectural and economic diversity with a mix of offices and businesses. Main Street is surrounded by an area of mixed housing types and institutions, creating a complete small town community. Although it is recognized that the area will have businesses that serve both residents and visitors, the goal is to not have visitor serving uses overwhelm the area at the expense of the small-town character. It is also recognized that when the weather and beach conditions are attractive, the demand for parking may exceed the supply.
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The differential standards used in the Main Street Specific Plan may seem to some as unfair in relation to the rest of the City. However, the VISION clearly establishes the importance of Main Street and justifies its differential treatment. What would Seal Beach be like without Main Street? The Plan recognizes Main Street as the heart and soul of Seal Beach.
What makes a community special is often the very same factor that causes pressure for change. The more charming a town appears, the greater the demand upon the community from the outside. The need to serve the visitor brings with it new businesses that can change the character of the town. Main streets like Seal Beach's have disappeared all over the country. Typical issues include:
If they become very tourist popular, tourist uses and chain stores out bid local uses, driving up the rents and driving out local uses.
Traditional small one-of-a-kind stores have trouble competing with the big box retailers and chain stores.
The Main Street Specific Plan is designed to address these issues.
B. Statutory Authority
The Specific Plan is authorized by Article 8 of the California Government Code (Section 65450 et. seq.) and this document meets the requirements as specified in Section 65451.
C. Relation to the General Plan
The Specific Plan carries out the objectives of the Seal Beach General Plan. It provides the detailed criteria for development of specific sites and public improvements.
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The Specific Plan is relatively high in the land use hierarchy, coming just below the General Plan. Zoning, subdivisions, public works projects and development agreements all must be consistent with the adopted Specific Plan.
The Plan creates a bridge between General Plan policies and individual development proposals.
Specific language relating the Specific Plan to the General Plan is included in Chapter 8.
D. Relation to the Zoning Code and Other City Ordinances The regulatory portions of the Specific Plan have been incorporated into the City's Zoning Code and are also repeated in this Specific Plan document. Therefore, the City's Zoning Code or other City ordinances, including those ordinances amended or enacted as part of this adoption of this Specific Plan, continue to apply to the Main Street Specific Plan area.
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2. LAND USE
The small town village charm of Seal Beach's Main Street area comes from a variety of factors including the eclectic mix of architecture, constrained area (only three blocks long), and relation to the ocean. However, of major importance, if not the single most important element, is the mix of uses in close proximity to one another.
Within the area there are 107 commercial parcels. Along Main Street and immediately adjacent to Ocean, Central and Electric Avenues there are 121 existing businesses located at street level. 38 office suites are situated on the second and third floors above Main Street.
The 1994 land use is shown in a separate Background Studies report.
The commercial uses are the key to the area's special character. The commercial center has been able to retain its small town character due to those businesses that depend on and support the adjoining residential development. These uses are traditionally found in a small town, village center. It is important that they be retained and other similar uses be encouraged to establish on Main Street whenever possible.
In Seal Beach these uses include: grocery store, financial institution, hardware store, Post Office, drug store, movie theater, and nursery.
Additional land uses such as bookstores, video rentals, newspaper, cafes, doctor's offices, barber shops etc. are also essential to a small town character. Table 1 summarizes the 1994 land use.
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Businesses that serve the residential community of Seal Beach also receive a percentage of their business from the visitors to the community, and in some cases without the visitors' business, they might not be able to survive.
Part of Seal Beach's old town charm is the close proximity of its residential development to the commercial establishments. This arrangement is highly desirable.
Frequently, the biggest conflict between a commercial center and an adjoining residential neighborhood is between the residents and the nearby eating and drinking establishments. In the Main Street area of Seal Beach there are 23 restaurants of which 14 serve liquor, see Table 2. Also there are two bars which serve no food and three other businesses licensed to sell liquor for off-premise consumption.
Table 2 also indicates which eating establishments serve alcoholic beverages and their closing hours. A majority of the establishments are licensed to sell only beer and wine, and generally close between ten and eleven o'clock in the evening. The two bars and four restaurants with general liquor licenses (permitted to sell distilled alcohol as well as beer and wine) are allowed to stay open later. All establishments are closed by 2:00 am.
The Main Street business area is located in Census Tract 995.05, which is identified by the State Department of Alcoholic Beverage Control (ABC) as being “overconcentrated”. Overconcentration is a guideline utilized by the ABC to determine if additional alcoholic beverage licenses should be issued in that area. Seal Beach requires a “conditional use permit” for any alcoholic beverage type of sale, and the City can consider the potential impact of an “overconcentration” of ABC licenses during the public hearing process. Without a conditional use permit approval from the City, ABC will not issue a new alcoholic beverage sales license within the City. Based on 1990 U.S. Census population information, Census Tract 995.05 would support a total of 13 on- and off-premise licenses, with the tract currently having 33 licensed location, 20 of which are within the Main Street Specific Plan Main Street Specific Plan
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area. Those alcohol serving businesses with the Main Street Specific Plan area are set forth in Table 2, following.
POLICY 1. Create a New Main Street Specific Plan Zone (Article
12.5, Section 28-1250 and 28-1251, C-SP Zone)
Section 28-1250. Permitted Uses.
A. Permitted Uses
1) Barbershops and beauty parlors;
2) Coffee houses, dessert shops and similar establishments provided there is seating for no more than 10 customers and the gross square footage of the Main Street Specific Plan
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establishment does not exceed 1,000 sq. ft (See subparagraph (14) for additional information regarding permitted outdoor accessory uses under the Outdoor Program);
3) Financial institutions;
4) General retail businesses such as grocery store, furniture store, etc.; 5) Horticultural Nursery;
6) Medical offices and laboratories facing Main Street or Ocean Avenue; 7) Medical offices and laboratories not facing Main Street or Ocean Avenue; 8) Prescription pharmacies;
9) Professional offices facing Main Street or Ocean Avenue (2nd floor and above only);
10) Professional offices not facing Main Street or Ocean Avenue; 11) Service businesses dealing directly with consumers (dressmaker, nail shop, tailor, etc);
12) Accessory buildings and structures; and
13) Other similar uses when determined by the Planning Commission to be consistent with the Main Street Specific Plan and compatible with other permitted uses within the zone.
14) Outdoor uses under the Outdoor Program including administrative approval of Outdoor Uses Permit and encroachment permit (See Policy 4.5 for additional information and requirements).
15) Residential uses, second floor only when street facing.
B. Uses Subject to Issuance of a Conditional Use Permit 1) Automatic ice vending machines;
2) Coffee houses, dessert shops and similar establishments with seating for more than 10 customers and the gross square footage of the establishment exceeds 1,000 sq. ft;
3) Coin operated amusement machines as a secondary use; 4) Commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m.; 5) Entertainment cafes;
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6) Gas Stations located on a major arterial, subject to compliance with the performance and development standards imposed by Section 23-2318; 7) Horticultural Nursery;
8) Liquor establishments, if part of a grocery store, provided that the number of such establishments permitted in the Main Street Specific Plan Zone shall not exceed two (2) at any one time. Permitted operating hours for such establishments shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays. Any such establishments which qualify for temporary on-sale or off-sale licenses under the provisions of California Business and Professions Code Sections 24045.1, 24045.2, 24045.3, 24045.4, 24045.6, 24045.7, 24045.8, and 24045.9, as may be amended, shall be exempt from this requirement for a Conditional Use Permit;
9) Medical offices and laboratories facing Main Street or Ocean Avenue (1st floor);
10) Movie Theaters;
11) Parking garage;
12) Pet shop;
13) Private Parking lots;
14) Professional offices facing Main Street or Ocean Avenue (1st floor); 15) Recycling facilities as defined in Section 28-2321 and as follows:
a) Reverse vending machines;
b) Small collection recycling facilities within a convenience zone; and c) Mobile recycling units within a convenience zone;
16) Restaurant, with or without alcohol sales (not including drive-in restaurants).
Permitted operating hours of such restaurants shall be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays;
17) Similar retail or service establishments catering directly to consumers when interpreted by the Planning Commission as meeting the intent of service commercial uses and the General Plan; and
18) Veterinary out-patient clinic.
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Section 28-1251. Limitations on Permitted Uses.
Every use permitted shall be subject to the following conditions and limitations:
A. All uses shall be conducted wholly within an enclosed building except such uses as:
1) Growing stock, only when in connection with horticultural nurseries; 2) Parking lots;
3) Restaurant, semi-enclosed;
4) Outdoor uses authorized under the Outdoor Uses Program (See Policy 4.5 for additional information and requirements).
B. Storage shall be limited to accessory storage of commodities sold at retail on the premises.
C. All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
D. Where any property used for commercial purposes has a common property line with property zoned for residential purposes, no commercial use shall be established thereon unless there is first erected a solid masonry or concrete block wall not less than eight feet in height at such property line, except where a wall of a building is on such property line, no separate block wall need be provided.
E. Findings required for Conditional Use Permits within the Main Street Specific Plan boundaries:
1) Additional Findings Required. In reviewing applications for Conditional Use Permits for the Main Street area, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No Conditional Use Permit shall be granted within the Main Street Specific Plan boundaries unless Main Street Specific Plan
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the Planning Commission makes, in addition to those findings required in the Zoning Code, Section 11.5.20.020, all of the following findings:
a) The proposed use is consistent with the intent and purpose and Vision established for the Main Street Specific Plan.
b) The proposed use does not conflict with the Specific Plan’s goal to establish and maintain a balanced mix of uses that serve the needs of both local and non-local populations.
c) The use will contribute to the unique character of Main Street and the qualities that provide the Main Street a sense of identity. d) The proposed use complies with all applicable City Council policies, such as the policies the Council has adopted concerning alcohol serving uses.
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3. BUILDING AND DESIGN PROVISIONS
In preparing the Specific Plan, an urban design analysis of the Main Street area was conducted. This study suggested that the following factors are important ingredients in maintaining the small town village charm and a pedestrian scale:
✓ Transparent storefronts with views into shops, offices and restaurants. ✓ Building facades located near the street property line. ✓ Continuous street side facades from side lot line to side lot line. ✓ Screening of parking lots from the pedestrians’ way.
✓ Building facades limited to 35-50 feet in width.
✓ Eclectic architecture without national trademark buildings. ✓ Low one and two story buildings.
✓ Signs in keeping with the pedestrian scale and atmosphere.
Although many communities would use these factors to establish a design review process, the Main Street Specific Plan takes a different approach. Specific design criteria are established to be implemented as part of a ministerial permit process.
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POLICY 2. Create New General Provisions for Lot Size, Open Space, Bulk and Yards (C-SP Zone, Section 28-1253)
Section 28-1253. General Provisions. Lot Size, Open Space and Yards. 1) Minimum Lot Size:
Width:…………………………………………………………………25 feet
Depth:………………………………………………………………..110 feet
Area:………………………………………………………..2,750 square feet
2) Yard Dimension (minimums):
Abutting Front Street:…………………………………………………...…0*
Abutting Side Street:…………………………………………………...….0*
Abutting Rear Street:……………………………………………...……….0*
Abutting Side Alley:…………………………………………………....4 feet
Abutting Rear Alley:………………………………………………….22 feet
Not Abutting Street or Alley on Side:…………………………..…………0* Not Abutting Street or Alley on Rear:……………………..….10% lot width; 5 ft. min/ 10 ft. max*
*Where a property has a front, side or rear yard on a block face with residentially zoned properties, the minimum dimensions for required front, side, or rear yards for the property shall be the same minimum dimensions as required in the residential zone.
Notwithstanding the foregoing, uses with loading zone requirements do not have to provide the minimum dimensions required for residential zone rear yards where such loading zone conflicts with such minimum requirements.
3) Lot Coverage:…………………………………………………………..75%
4) Maximum Height, Main Building:…………………………30 feet maximum Main Street Specific Plan
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Any portion of structure greater than 20 feet in height must be set back from street facade a minimum of 10 feet.
5) Maximum Height, Accessory Building:………………………..….…15 feet 6) Minimum Required Landscape:. . . . 0% of the site, plus one (1) tree for each five (5) parking stalls distributed throughout any on-grade parking lot area.
If parking area abuts the front or side street(s), a landscape area averaging 3 feet in width shall be required between such parking area and sidewalk(s) subject to the approval of the Director of Development Services. Such area shall include a minimum of one tree for each 30 ft. of linear landscape area plus landscaping and/or wall to a height of 2.5 feet designed to screen the automobiles from the sidewalk. In no case shall the landscape area be less than 1 foot in width.
7) Lot Area Standards: . . . Smaller parcels shall not be merged for development purposes into a parcel that exceeds 6,000 square feet. Notwithstanding the foregoing, development may be permitted on parcels that exceed 6,000 square feet as of the effective date of this Article.
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POLICY 3. Building and Design Provisions
Section 28-1254. Design Provisions.
1) All buildings shall meet the following design criteria:
a) Transparency:
At sidewalk level buildings shall be primarily transparent. A minimum of 50% of all first floor facades with street frontage shall consist of pedestrian entrances, display windows or windows affording views into retail, offices, gallery or lobby space. The building wall subject to transparency requirements shall include the portion between three feet and ten feet above the sidewalk. Blank walls should be avoided and lively facades encouraged.
b) Glass:
All glass in windows and doorways shall be clear for maximizing visibility into stores. A minimal amount of neutral tinting of glass to achieve some sun control is acceptable if the glass appears essentially transparent when viewed from the outside. Opaque and reflecting glass shall not be used. c) Window Security Bars:
Window security bars shall only be allowed if installed on the interior of the window area.
d) Facade Set-Back:
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Buildings shall be located on or within 4 feet of the street property line.
Exceptions shall be: a) outdoor restaurant seating areas or b) areas where abutting buildings are, as of the effective date of this Article, set back creating in effect continuous store frontages with a wider sidewalk. In the latter case, the abutting buildings' set back shall be considered the equivalent of the property line.
e) Facade Continuity:
Building street facades shall be continuous from lot line to lot line. Parking or loading areas shall not abut Main Street or Ocean Avenue frontages. f) Facade Width:
Facades of interconnecting buildings should retain their individual identity.
Buildings should not be remodeled or painted to give the appearance of a single building. Any street side building facade exceeding 50 feet in width shall be segmented into individual designs not exceeding 50 feet in width. g) Trademark Buildings:
Trademark buildings used to house a franchise operation shall be prohibited.
2) All new sidewalks or sidewalk replacements shall be constructed utilizing a textured sidewalk material in a pattern or design representing no less than 50% of the sidewalk surface.
Section 28-1258. Roof-Mounted Mechanical Equipment
Roof-mounted mechanical equipment shall be architecturally screened to the satisfaction of the Director of Development Services.
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POLICY 4. Signs
Section 28-1804. Subsection 3. Permitted Signs
3. C-0, C-SP, C-1 and C-2 Zones. The following signs are permitted in the C-0, C-SP, C-1 and C-2 zones:
a) One unlighted sign pertaining to the sale, lease, or rental of the property on which the sign is displayed.
Parcel Size Sign Size
Lots of record and parcels not exceeding:
10,000 square feet…………………………………………………6 sq. ft.
10,000 square feet to 1 acre……………………………………...25 sq. ft.
More than 1 acre…………………………………………………50 sq. ft.
b) Political signs when they pertain to an election, shall be placed no earlier than thirty days prior to the election to which they pertain. Signs posted on a building face or in a window shall not exceed thirty-six inches by forty-eight inches. Said signs shall be removed within seven days after the election.
c) Construction signs under the same restrictions as Section 28-1804 (1)(d); d) For each shopping center, identification signs are permitted as follows:
1) One free-standing or pole identification sign containing the name and logo of the center. Sign not to exceed fifteen feet in overall height and not to exceed sixty square feet on one face of a double-faced sign; Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 19 Zucker Systems
2) One monument sign not to exceed ten square feet in area and not to exceed four feet in height at each traffic entrance to the center in no case shall more than four monument signs be placed in any shopping center.
e) Each commercial activity may have signing identifying the activity on the premises as follows:
1) One sign per building face which is visible from streets or parking lot area. Said sign to be fascia or wall sign.
2) Size of fascia or wall sign shall be one square foot per lineal foot of building face, not to exceed one hundred square feet per sign. 3) In lieu of one or more fascia or wall signs, one free-standing or pole sign not to exceed fifteen feet in overall height may be erected on the parcel or building site on which the building is located. Maximum size of sign shall not exceed sixty square feet per face of a double faced sign. Free standing or pole signs are prohibited in the C-SP zone. 4) In case of buildings having less than twenty-five linear feet of frontage on a street, twenty-five square feet of signing will be permitted. 5) In cases where a business is located on a street with a speed limit of thirty-five mph or more, a free standing sign or larger fascia or wall sign will be permitted. The larger may be an additional one-half square foot per lineal foot of building frontage not to exceed eighty additional square feet. (See subparagraphs 1, 2, 3, above). The maximum sign area per sign of one hundred square feet does not apply in this case.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 20 Zucker Systems
6) No more than two items of information will be permitted per sign. An example of one item of information would be the name of the business, specialty item, unique service, etc.
7) Projecting signs shall be allowed in the C-SP zone subject to the following conditions:
a. “Projecting sign” means an attached sign (other than a flat-mounted sign) which projects out from a building or structure and usually has two message surfaces. If such sign projects over a public right-ofway, it is subject to Paragraph 7d. b. Projecting signs shall be allowed that:
• do not exceed four (4) square feet in area per side;
• project no more than three (3) feet from the wall to which attached;
• are located at least seven (7) feet but not more than twelve (12) feet above grade; and
• are not illuminated or illuminated by external lighting. c. Each ground-level occupancy frontage may have one (l) such projecting sign if such sign is located near its primary entry way.
Such sign shall be in addition to signs allowed in Section 28-1804 3e.
d. No sign shall project into any public right-of-way unless the Director of Public Works shall have first issued an encroachment permit therefor.
8) A-Frame signs shall be permitted in the Main Street Specific Plan under a Main Street Outdoor Use Permit subject to compliance with all of the following provisions.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 21 Zucker Systems
a. A-Frame Sign Regulation and Design Requirements:
• Permitted Quantity and Dimensions: Each commercial business with a first-floor, street facing frontage in the Main Street Specific Plan shall be entitled to one A-frame sign. The sign may have two faces, not exceeding three feet in height or a width of two feet.
• Illumination and Placement: A-frame signs shall remain unlighted and should not obscure or visually impair vehicle or pedestrian traffic. Placement of A-frame signs should ensure they do not encroach upon the public right-of-way or publicly owned property without prior approval through an outdoor use permit, and at no time shall placement or maintenance of A-frame signs impede emergency access or violate disability access
requirements including but not limited to, wheelchair access. • Clear Path of Travel: A-frame signage placement must at all times allow for and maintain a minimum 8-foot clear path of travel between the edge of the sign and any sidewalk
obstructions, including light poles, parking meters, news racks, and fire hydrants.
• Permitted Location: If the business possesses an approved permit for outdoor use, A-frame signage should be positioned within the allocated use area with the other permitted items, and all permitted items including A-frame sign shall fit completely within the allocated use area. A-frame signage must be removed from the right-of-way at the conclusion of each business day to uphold the safety, access, cleanliness and aesthetics of Main Street.
f) When property falls under an adopted planned sign program the above provisions do not apply.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 22 Zucker Systems
POLICY 4.5: Main Street Outdoor Program:
The Main Street Outdoor Program is designed to revitalize the frontages of groundfloor businesses and property owners located on Main Street. The program encourages these establishments to expand their frontage by setting up outdoor accessory uses such as dining areas, benches, plants, signage, and the outdoor display of merchandise, creating a welcoming environment for visitors. The program aims to enhance the overall aesthetic appeal of Main Street, while also providing businesses with an opportunity to increase their visibility and attract more foot traffic. The focus on dining outdoors emphasizes the al fresco atmosphere, allowing visitors to savor their meals amidst natural elements and enjoy a more relaxed setting. The expansion of outdoor dining/uses through the limited use of sidewalk is an effective strategy to not only support local businesses, but to activate the public realm by creating pedestrian-oriented spaces worth walking to and spending time in.
Goals:
✓ Support local business;
✓ Promote welcoming places;
✓ Be accessible and equitable;
✓ Attract new business;
✓ Increase visitor satisfaction; and
✓ Maintain a unique visual experience.
APPLICABILITY:
The purpose of this policy section is to establish general procedures and guidelines for the establishment and operation of accessory outdoor uses on Main Street through an administrative process. Outdoor sidewalk dining enhances the vibrancy Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 23 Zucker Systems
and vitality of the City's commercial areas while promoting pedestrian activity and economic development.
The provisions of this section are applicable to eligible property owners and business owners with businesses that meet the following requirements:
• Located on frontage in the Main Street Specific Plan area, • Operate a ground floor establishment,
• Comply with State Alcoholic Beverage Control,
• Obtained an encroachment permit and outdoor use permit, • Comply with development standards and operating requirements of the Main Street outdoor use permit.
PERMITTED ITEMS with the Main Street Outdoor Use Permit:
• Tables
• Chairs
• Benches
• Business Signage
• Potted Plants
• Heaters
• Umbrellas
• Outdoor Merchandise (including portable display fixtures such as racks, shelves, tables, and dress forms).
OUTDOOR MERCHANDISE:
Outdoor displayed merchandise must be related to the business at the site. Outdoor display fixtures should be of good quality, compatible with the surrounding buildings, and maintained to enhance the area. Displays should not exceed specific dimensions and must comply with accessibility standards (Table 3). Merchandise displays must be able to retain a minimum of eight feet of unobstructed clear width Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 24 Zucker Systems
for pedestrian travel, including any existing obstacles such as street furniture, bicycle racks, trees, and utilities. Displays should not be used for extra storage and must be removed during non-business hours unless on private property.
ADMINISTRATIVE REVIEW:
Outdoor sidewalk uses shall be permitted on private property and public sidewalks in front of existing businesses within the Main Street Specific Plan area of the City of Seal Beach subject to the issuance of an administrative outdoor use permit and encroachment permit and compliance with the standards as outlined in and required by this policy.
DEVELOPMENT STANDARDS:
This outline provides a comprehensive overview of the development standards and requirements for outdoor sidewalk uses permitted through application. Applicants are advised to refer to the specific regulations and guidelines outlined below in the standards chart for detailed information and compliance.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 25 Zucker Systems
TABLE 3
OUTDOOR USES DEVELOPMENT STANDARDS
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 26 Zucker Systems
Dining Tables/
Merchandise
Display
Chairs Bench Potted plants Umbrella/
covering Heaters Signage
Permitted Location with applicable permits
Adjacent to store front or adjacent to edge of roadway as long as the 8 ft minimum clear pedestrian walkway is maintained at all times of use.
Maximum Size of Items
60 in. wide N/A 60 in. wide
30 in high
along
roadway, 7 ft
clearance to
canopy
N/A N/A
24 in.
wide x 36
in. tall
(Policy 4
for more
details)
Maximum Number of items per frontage size
25 ft 2 (W≤ 60 in.
combined) 4 1 2 No Max No Max 1
37.5 ft 3 (W≤ 90 in.
combined) 6 1 2 No Max No Max 1
50 ft 4 (W≤ 120 in.
combined) 8 1 2 No Max No Max 1
Minimum Unobstructed Clear Path for pedestrian travel (including existing obstacles such as street furniture, bicycle racks, trees, and utilities with permitting items)
8 ft measured
from Table to
clear path
8 ft measured
from Chair to
clear path
8 ft
measured
from
benches to
clear path
8 ft measured
from potted
plants to clear
path and 7 ft
vertical
clearance to
tree canopy
8 ft
measured
from
Umbrella to
clear path
and 7 ft
vertical
clearance
8 ft
measured
from
Heater to
clear path
8 ft
measured
from Sign
to clear
path
2 ft to the edge of the roadway/ the back of curb adjacent to parking N/A Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 27 Zucker Systems
ADDITIONAL ITEM SPECIFIC REQUIREMENTS:
a) Tables and chairs shall be limited to one row.
b) Tall tables permitted as long as ADA compliance is still maintained and necessary permits obtained. Consult Community Development Department for guidance.
c) All permitted items must be in the storefront without extending into or being in a neighboring storefront while maintaining eight feet of unobstructed sidewalk at all times.
d) If an adjacent business agrees in writing to allow a neighboring business to use a portion of its storefront space for a permitted outdoor use, the business can extend its outdoor use area by a maximum of one foot into the neighboring business’ storefront. Approval of an extension into the storefront of an adjacent business shall require the applicant to submit a signed letter from the adjacent business stating that they agree to allow the restaurant to use one foot of the adjacent storefront for the permitted outdoor use.
Permitted Hours of use/ operations of permitted items on sidewalk All items are permitted to be on the sidewalk from 7:00 a.m. to 10:00 p.m. unless otherwise conditioned by the Community Development Director.
Temporary and must be stored on
private property during nonoperating hours
Permanent placement for
the duration of the active
outdoor use permit
Temporary and must be stored on
private property during non-operating
hours
Additional item specific requirements
(A)(B) (C) (D) (E) (F) (O) (C) (I) (J) (C) (G) (H)(J) (C) (K)(M) (C) (J) (M)
(C) (N)
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 28 Zucker Systems
e) Applicants/permittees are responsible for compliance with all alcohol license requirements, if applicable. Applicants/permittees are advised to work directly with ABC to understand alcohol service regulations on the sidewalk. f) The permitted dining locations are as follows:
g) Plant materials shall be selected for low water demand and drought tolerance, adaptability and relationship to the Seal Beach environment, and the geological and topographical conditions of the site.
h) Plants and planters shall not exceed the permitted height of 30 inches on parcels located on a corner with proposed planters in the traffic visibility triangle.
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City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 29 Zucker Systems
i) Storefronts with a Memorial Bench Program bench shall be permitted at least one additional bench with the application of a Main Street Outdoor Use Permit.
j) Bench and Landscaping example:
k) Portable gas (LPH) heating appliances may be used within Main Street dining areas and must meet the following requirements:
a. Cannot be located beneath or closer than 10 feet to canopies/tents per California Fire Code
b. Cannot be five feet to similar combustible materials per California Fire Code
c. Propane tanks may be stored on site in an approved enclosed area of the installation to the satisfaction of the Building and Safety Department and Orange County Fire Authority.
d. Only permitted when used with outdoor dining.
l) The placement, color, style and type of umbrella or coverings shall be consistent with and complement the design and appearance of the affected building. Only permitted when used for outdoor dining.
m) Umbrellas and heater example:
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 30 Zucker Systems
n) A-frame signs shall maintain a minimum clearance of eight feet in the walkway.
o) Outdoor merchandise display fixtures (such as tables, shelves, and dress forms) are limited to a maximum 60 inch width per fixture. Multiple fixtures may be used provided they do not exceed the maximum combined width allowed per storefront.
p) Additional benches may be used in lieu of dining tables or merchandise display fixtures provided they do not exceed the maximum combined width allowed per storefront when used in replacement or in combination of those uses.
7 ft
min
8 ft clear
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City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 31 Zucker Systems
APPLICATION PROCESS:
Applicants shall review and complete materials required in the Main Street Outdoor Uses Guide and Application Checklist for the identified location of the Outdoor items. Applicants shall confirm location eligibility with staff prior to submitting plans of proposal. This application and permits are not transferable and do not run with the land, and approval of a new Main Street Outdoor Use Permit and encroachment permit shall be required for each new business in the location if a transferred or new outdoor use wishes to be maintained at that location.
APPLICATION INFORMATION:
The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in the City Master Fees. The applicant shall submit the following related materials for compliance review of applicable requirements set forth in this specific plan.
1. Completed Main Street Outdoor Uses Application/Checklist
2. Provide an outdoor use plan with design details and site photos
3. Proof of Liability Insurance and Liability Release Agreement
4. Pay the fees for the Main Street Outdoor Use Permit
5. Confirmation of the applications for a concurrent Encroachment Permit from Public Works
6. Written approval from the Property and Business owner(s)
7. Written approval from adjacent Property and Business owner(s) if outdoor use will extend into the adjacent business’ storefront.
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City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 32 Zucker Systems
APPLICATION REVIEW:
Applications shall be reviewed by applicable City Departments/Divisions including but not limited to Planning, Building, Fire, Police and Public Works. During the review period a Community Development Inspector shall complete a site visit to confirm the dimensions and outdoor use plan provided is accurate and can accommodate the requested outdoor uses. The Applicant shall provide any additional information or documentation and respond to City comments as requested.
APPROVING AUTHORITY:
All Main Street outdoor use permits are reviewed and approved by the Community Development Director or designee. The director shall issue the Main Street outdoor use permit only if all required requirements and standards of the Main Street Specific Plan and Outdoor Use Guidelines are met.
INSTALLATIONS AND INSPECTIONS:
Applicants shall be notified by the Community Development Department once an application is approved with code compliant design layout and all fees have been paid.
INSTALLATION:
Applicant/permittee shall post the City provided window sticker with business name and expiration date in store window.
INSPECTIONS:
The Applicant/permittee shall request an inspection for compliance after the installation has been completed. The City will inspect for the outdoor uses for compliance with the permit approvals based on the following standards:
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 33 Zucker Systems
✓ Site plan and development standards,
✓ Operating standards,
✓ Active/up-to-date permit
✓ Maintenance Standards
Applicant/permittees shall be notified by the Community Development Department once an inspection has been scheduled.
TIME LIMITATIONS:
The Main Street outdoor use permit is valid for one fiscal year (July 1st through June 30th) and shall automatically expire on June 30th of every year. Permittees wishing to renew an expiring permit shall submit a renewal form with appropriate fees prior to June 30th. Outdoor uses shall cease after June 30th pending the Department’s review of and determination on a renewal application form.
MAINTENANCE:
All Main Street outdoor areas must be maintained by the permittee in clean and safe conditions at all times, including sweeping and cleaning of outdoor use locations, and appropriate provisions for trash disposal. At all times each permittee shall also ensure the preservation of pedestrian access and disability access along the public sidewalk. Owners and permittees of approved outdoor use areas are responsible for upholding these standards at all times. Owners and permittees of approved outdoor uses shall meet the requirements of this Policy and the Encroachment permit at all times (Refer to the Public Works Requirements for additional information).
CHANGE OF OWNERSHIP:
Approved and valid permits may not be transferred to new business owners even at the same address. For any business that has a change in ownership shall be subject to City approval of a new application reflecting new ownership and compliance with Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 34 Zucker Systems
all requirements of this Policy, and issuance of a new outdoor use permit and encroachment permit.
REVOCATION:
The City retains the right to revoke or suspend an outdoor use permit and/or encroachment permit upon written notice to the permittee for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:
1. Emergencies, necessary construction, or area maintenance at the discretion of the Community Development Director;
2. Suspension, revocation, or cancellation of any necessary health permit(s) or failure to comply with Alcoholic Beverage (ABC) permits/regulations;
3. Failure to comply with the outdoor use plan;
4. Failure to comply with the operating requirements of the approval;
5. Failure to comply with any relevant Conditional Use Permit (CUP);
6. Failure to comply with disability access requirements of the Americans with Disabilities Act;
7. Failure to address administrative citations or other municipal code infractions, or repeated citations/infractions;
8. Failure to maintain a valid business license.
9. Failure to maintain space in a clean and safe condition at all times, including sweeping and cleaning of outdoor use locations, with appropriate provisions for trash disposal.
NOTICE OF VIOLATION:
Upon identification of a violation of permit conditions, regulations, or applicable laws related to outdoor uses, the Community Development Department shall issue a written Notice of Violation to the permittee.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 35 Zucker Systems
Upon receipt of the Notice of Violation, the permittee must remedy the violation and demonstrate compliance with permit conditions. A Community Development Inspector will then return for an inspection to confirm compliance. If permittee is unable to comply with the permit, the permit shall immediately be revoked for the reasons listed above.
INSTALLATION REMOVAL:
The operation shall cease and the permittee shall restore the permit area to the condition existing prior to the placement of the outdoor facilities within 24 hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, or to a condition acceptable by the Community Development Director.
If pursuant to the above requirements, permit areas that are not restored by the permittee within the time specified by the City, the City may remove any and all facilities installed within the right-of-way. Reimbursement of City costs for said removal and storage shall be the responsibility of the permittee. City may dispose of any such facilities following notice to permittees in accordance with applicable law.
REQUIRED OPERATION STANDARDS:
Main Street outdoor use permittees are required to comply with the following operating standards:
A. Permittees shall comply with all State Alcoholic Beverage Control (ABC) Board requirements when the conditional use permit includes the sale of alcohol.
B. Permittees shall not begin hours of sidewalk operation prior to 7 a.m. nor extend later than 10 p.m.
C. Permittees shall maintain eight feet of unobstructed clear space of travel for pedestrians, free and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of the Community Development Director. Such clear Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 36 Zucker Systems
pathway shall link continuously with pathways on each side of the property and shall allow a minimum clear space of eight feet at all times. These minimum widths are to ensure compliance with ADA standards and reduce liability concerns due to shifting tables, wait staff or other obstructions which can reduce the effective width.
D. Permittees shall ensure where umbrellas and awnings are used, a vertical clearance of at least seven feet above the sidewalk must be maintained and eight feet clear path of travel.
E. Permittees shall not allow for items within the Main Street outdoor use areas, except for approved greenery and benches, to be left when not in use or overnight unless property is secured to the satisfaction of the Community Development Director.
F. Permittees shall confine approved outdoor uses to the area shown on the approved outdoor use plan and shall not interfere with building egress.
G. Permittees shall maintain outdoor use areas in a clean and safe condition at all times with appropriate provisions for trash disposal.
H. Permittees and associated business operations shall meet all required County Health Department standards, obtain any necessary permits and service to the areas shall be conducted in a safe manner at all times.
I. The permit issued shall not be transferable in any manner, unless approved by the City with the submittal of a new application reflecting new ownership.
J. Operations permitted under the Main Street outdoor use permit shall in no way interfere with access to City utilities.
K. Permittees shall prohibit smoking in the outdoor use areas.
L. Issuance of the Main Street outdoor use permit shall not permit or allow the placement of any permanent or temporary structure or improvement on public or private property in violation of any state or federal accessibility law, including the Americans with Disability Act, or prohibit or suspend immediate code enforcement action deemed necessary by the Building Official, City Engineer, or any other authorized enforcement official of the City, to remedy or abate: a dangerous condition or activity; any activity presenting imminent threat or harm to the health, safety or welfare of the community; any violation of state or federal accessibility law; or any unauthorized activity on private Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 37 Zucker Systems
property or in the public right-of-way. Permittees are responsible for ensuring accessibility and ADA compliance of their Main Street outdoor use areas, M. Permittees shall have all propane cylinders used for outdoor gas heaters stored and secured pursuant to regulations in the California Code of Regulations and California Fire Code. Cylinders placed in the public right-of-way shall be safely secured and locked with the heater enclosure or stored in vented safety cages or cabinets in a flat area that does not collect water and is adequately shielded from pedestrian and motor vehicle traffic.
N. Outdoor merchandise displays shall be maintained in a neat and orderly manner to the satisfaction of the Community Development Director. Low quality display tables such as milk crates, card tables, and pallets are not permitted. At no time shall merchandise be placed, displayed or allowed to remain in the eight-foot pedestrian clearance area.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 38 Zucker Systems
5. PARKING AND TRAFFIC
A. PARKING
In 1994 there were 751 parking spaces as shown in Table 4 generally available for commercial uses within the Specific Plan area.
In addition to this, there are 425 spaces in the beach lots and 58 spaces in the City employee lot on 8th Street.
Parking demand in 1994 was calculated in two ways. Based on the zoning, the 223,600 square feet of commercial activities would theoretically require 1,258 spaces.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 39 Zucker Systems
The second method was to look at actual parking demand.
Parking counts were completed each hour during the mid-day (noon to 2:00 PM) and evening (6:00 PM to 9:00 PM) peak periods on April 9, 1994 (Saturday, non-peak season) and on July 2, 1994 (Saturday, peak season, July 4th weekend). These counts are shown in the Appendix of the Background Report.
The parking counts indicate that the majority of the on-street parking spaces in the study area, as well as the parking in the public parking lots adjacent to Main Street are occupied during peak periods. However, parking in the beach lot is generally under-utilized, with 48 percent of the parking spaces vacant at 1:00 PM on Saturday, July 2, 1994, which was when the peak parking demand for the beach lot was observed. After 6:00 p.m., 77% of the parking spaces in the beach lots were vacant.
Additionally, parking spaces in the alleys are generally under-utilized.
There are 36 short-term (24 Minute) parking spaces designated at key resident serving commercial locations on Main Street, with a two hour time limit for the remainder of the parking on Main Street. On the surrounding residential streets there is typically a one hour time limit on one side of the street, with no parking restrictions on the other side. However, there is a one hour parking time limit on both sides of Tenth Street and on both sides of Eighth Street south of Electric Avenue.
In light of their proximity to and support of area businesses, the curb spaces on Main Street, and in the 800 and 900 blocks along Ocean Avenue, Central Avenue, and Electric Avenue are primarily commercial parking spaces. The remainder of the onstreet parking in the residential areas primarily supports the adjacent residential uses.
Annual parking passes for the beach lot are sold to Seal Beach Residents and nonresidents. Further, Unocal (off-shore oil) uses the beach lot and pays via a key card.
A sports fishing boat operating off the end of the pier also has a key card to use this lot. Automobile parking fees for the beach lot vary between summer and winter, and weekends and holidays.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 40 Zucker Systems
The City’s residential parking permit program allows residents to purchase a permit that allows their vehicle to park more than one hour on residential streets with one hour parking restrictions. The permit also allows them to park in the municipal parking lots on Main Street and on Eighth Street at Central Avenue between the hours of 12:00 AM and 6:00 AM, only. The City also issues guest parking permits with the same parking regulations.
Merchants and employees in the Old Town area can buy an annual parking permit that allows them to park in the City parking lots. The permit is to be permanently affixed to the outside of the vehicle on the left rear window or bumper. The merchant permits are not resalable or transferable.
In 1984, the City began an “interim in-lieu parking program” in connection with a variety of zoning variances along Main Street. Participants were required to pay $100/year/space on an interim basis pending development of a more detailed program. According to the approval conditions these in-lieu fees may be increased.
In 1994 this fund was generating $19,600 a year in funds to the City.
More recent permits have been negotiated as part of development agreements. These have been fixed fees based on $3,500/parking space, generally paid over several years. Additionally, the California Coastal Commission has required four businesses to lease 72 other non-commercial spaces for commercial use.
Based on the parking analysis, the 1994 parking demand and supply is considered in relative balance. However, there is a need to provide additional conveniently located parking to serve Main Street and to provide a base for future parking need. Most significantly, the parking analysis indicates that the primary parking problem in the Specific Plan area is the location and management of the existing parking supply and not an overall shortage of parking.
However, as existing buildings are expanded, or new uses are established which would require more parking than existing uses, there will be an increased demand for parking. Since the existing commercial lots on Main Street have inadequate room Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 41 Zucker Systems
for new parking, the only likely solution to parking needs is a City in-lieu parking program.
B. Traffic
Roadways in the Specific Plan are typically two-way with a single travel lane plus a parking lane in each direction. Main Street has diagonal parking along most of its length, except for some parallel spaces in the 300 block, which provides enough width for two lanes for traffic traveling northeast on the approach to the traffic signal at Pacific Coast Highway. A traffic signal also exists at the southeast end of Main Street at Ocean Avenue, and four-way stops are posted at the intersections with Central and Electric Avenues. Mid-block pedestrian crosswalks have been striped in all three Main Street blocks.
Electric Avenue has a broad, linear landscaped median, resulting in two one-way roadbeds. The two roadways merge at Main Street to form a single intersection. Each roadbed provides a single travel lane and a bike lane, plus parking at the right curb.
The majority of the traffic entering the study area travels southwest on Main Street from Pacific Coast Highway. Generally, if a motorist cannot find a parking space near their desired destination as they travel along Main Street, they will turn at Ocean Avenue and travel up Eight or Tenth Street and then re-circulate down Main Street.
September, 1993 traffic counts indicated average daily traffic in the vicinity of Main Street as 9317 on Main Street, Ocean 4070, Central 3018, and Electric 3660. Using these counts, all streets would be operating at a high Level of Service with the exception of Main Street. However, Main Street is considered a combination parking and traffic street and a high level of traffic service is not anticipated.
Traffic flow and traffic control is not perceived to be a problem in the Specific Plan area.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 42 Zucker Systems
POLICY 5. Parking Standards
Section 28-1255 Parking and Loading Space Requirements. 1) Off-street parking spaces shall be a minimum of nine feet by twenty feet. A minimum driver aisle width shall be provided as follows:
90 degree Right Angle Parking………………………………….……. 24 feet
60 degree Angle One-Way Traffic…………………………………… 18 feet
45 degree Angle One-Way Traffic……………………………………. 12 feet
0 degree Parallel One-Way Traffic……………………………………..12 feet 2) All parking areas shall be paved with portland cement concrete or asphaltic concrete.
3) Parking requirements shall be satisfied in one or more of the following ways:
a) By providing required off-street parking spaces on the property on which the building is located;
b) By providing required off-street parking spaces within three hundred feet of such building.
c) Through participation in the City’s in-lieu parking program as established in Section 28-1257.
4) No use shall be established unless there isfull compliance with the off-street parking requirements set forth herein or the in-lieu parking program set forth in Section 28-1257.
5) No onsite loading area is required.
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City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 43 Zucker Systems
Section 28-1256. Number of Off-Street Parking & Spaces Required. 1) Beauty salon; Nail Shop…………………………………2 spaces per each operator. 2) Business Offices……………………….1 space for every 300 sq. ft. gross floor area. 3) Coffee houses; Dessert shops……………………………1 space for each 500 sq. ft.
Gross floor area or part thereof.
Exception: Outdoor seating/uses, accessory
to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
4) Financial Institutions
Professional Offices…………………………..………1 space for every 250 sq. ft.
Gross floor area.
5) Furniture Stores………………………..1 space for every 1000 sq. ft. gross floor area 6) Grocery Stores………………………………………..1 space for each 1000 sq. ft.
Gross floor area or part thereof.
7) Hardware Stores………………………………………1 space for each 1000 sq. ft.
Gross floor area or part thereof.
8) Horticultural Nursery…………………………………1 space for every 2500 sq. ft. of lot area.
9) Medical Offices………………………1 space for every 200 sq. ft. gross floor area. 10) Movie Theaters…………………………………………1 space for every 6 seats. 11) Offices Nor Providing Customer
Service on the Premises…………………………..1 space for every four employees or 1 space for every 500 sq. ft. gross floor area
(whichever is greater).
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 44 Zucker Systems
12) Pharmacy; Drug stores………………………………..1 space for each 1000 sq. ft. gross floor area or part thereof.
13) Restaurants………………..…………1 space for every 100 sq. ft. gross floor area.
Exception: Outdoor seating/uses,
accessory to restaurant/coffee house/
dessert shop shall not require
parking spaces (see subparagraph 15)
14) Retail Stores…………………………………………..1 space for each 500 sq. ft. gross floor area or part thereof.
15) Outdoor seating/ uses permit………………………………..0 spaces for sq. ft. (Outdoor seating/ uses shall not result in a reduction of parking provided for the related primary restaurants/ coffee house/ dessert shop/retail use).
Section 28-1257. In-Lieu Parking Program.
A. Participation in Program Required: In the event a use cannot provide the off-street parking spaces required by Section 28-1255 and Section 28-1256, such use shall not be established unless there is full compliance with all the requirements of the Main Street In-Lieu Parking Program as established in this Section. All or part of off-street parking space requirements may be satisfied by compliance with this Section.
B. In Lieu Parking Fee: The In-Lieu Parking Fee and the formula for calculating said fee shall be established by Resolution of the City Council.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 45 Zucker Systems
C. Existing Uses – Parking Deficiencies: Any use which pre-exists the effective date of this ordinance and which is presently operating under the authority of a discretionary land use entitlement and/or development agreement shall remain subject to the terms and conditions of said approval and agreement. As a condition to those entitlements, the applicants agreed to participate in any in-lieu program established by the City Council. This Article constitutes the in-lieu parking program referenced in the resolutions conferring those entitlements and in those certain development agreements.
D. Processing In-Lieu Parking Program Applications:
1. Eligible persons or businesses desiring to participate in the In-Lieu Parking Program established herein shall submit a written application for participation to the Director of Development Services on a form prescribed by the City. If the Director determines that such application meets the requirements set forth in Sections 28-1255, et seq. of this Code, the Director shall, within thirty (30) days of the completion of such application, calculate the applicable in-lieu fee and grant permission to participate in the program, if the Director makes the following findings:
(a) Participation in the In-Lieu Parking Program will not create any significant adverse traffic safety impacts, pedestrian- vehicle conflicts, or parking impacts.
(b) Participation in the In-Lieu Parking Program will not be detrimental to the public health, safety, and welfare.
2. The Director may deny the request to participate in the program, if the Director is unable to make the findings set forth in subsection 1.
3. The Director may restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the findings set forth in subsection 1.
4. The Director’s decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 46 Zucker Systems
E. Appeals: The decision of the Director may be appealed to the Planning Commission by any aggrieved person, in the time and manner provided in Chapter 11.5.25 of Part V of Title 11 of the code.
F. Payments and Deposits:
1. Payments of In-Lieu Parking Program Fees shall be made pursuant to the schedule adopted by Resolution of the City Council. In no event shall a certificate of occupancy be issued for any participating use in the Main Street Specific Plan Zone prior to the receipt by the City of the first installment or, if applicable, full payment of the In- Lieu Parking Fee.
2. Funds collected from the In-Lieu Parking Program shall be deposited in a segregated City In-Lieu Parking Program fund. Such fund shall be used exclusively for the purpose of promoting, managing, operating, increasing and maintaining the availability of parking spaces in the immediate vicinity of Main Street.
G. Transferability: In-Lieu Parking space payments paid for pursuant to ·the provisions of this ordinance shall be credited only to the use for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property.
H. Expansion, Intensification or Change in Use to a Use which Requires Additional Off-Street Parking Spaces: Should the use of any property within the Main Street Specific Plan Zoning be proposed for expansion, enlargement, structural alterations, intensification or conversion to a new use which requires additional off-street parking spaces, the owner, lessee or sublessee of the property shall provide the required additional off-street parking, either on-site, within 300 feet of the property on which the building is located, or through payment of in-lieu parking program fees, or additional in-lieu parking program fees, as required by this Article.
I. Acceptance of Terms and Provisions: An applicant’s participation in the program shall not become effective, and a certificate of occupancy shall not be issued, unless and until the participant first executes and submits for recording on the Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 47 Zucker Systems
title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. Said covenant shall be recorded in the office of the Orange County Recorder and shall also be maintained in the office of the City Clerk.
J. Violators Punishable by Fine and Imprisonment: Any person, firm or corporation violating any of the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or both such fine and imprisonment.
Section 28-2408. Nonconforming Nonresidential Buildings and Uses May Not Be Enlarged or Structurally Altered.
C. Where a building or buildings located within the Main Street Specific Plan area are nonconforming only by reason of an inadequate number of parking spaces, the provisions of this chapter prohibiting enlargements, structural alteration or expansion shall not apply, provided:
1. that any enlargements, structural alterations, or expansion shall not further reduce the existing number of parking spaces, and
2. new parking spaces shall be supplied to meet the parking requirements for the difference in building area between the existing building and new building, and
3. new parking spaces shall be supplied to meet the difference in parking requirements for the existing building between the prior use and the new use.
Where property owners cannot meet off-street parking requirements, permits may be granted if said owners instead pay an in-lieu parking fee pursuant to the provisions of Section 28-1257.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 48 Zucker Systems
POLICY 6. Parking Management Plan
Although parking studies can establish theoretical demand, the actual demand for parking and behavior habits of parkers cannot be totally determined and changes over time. Therefore, the City shall establish a parking management plan. Such a plan should include, but not be limited to:
a) Conducting and analyzing an annual parking count for the Specific Plan area, similar to the one prepared for the Specific Plan;
b) First Phase – Management Improvements:
✓ Limit the 24 minute parking restrictions to the 7:00 a.m. to 6:00 p.m. period except for spaces serving resident oriented businesses that stay open past 6:00 p.m.
✓ Change the merchants' parking permit program to only allow parking in the beach lots.
✓ Increase enforcement of the parking restrictions for all parkers to emphasize a consistent and fair enforcement program.
✓ Work with the merchants to conduct a program so that employees do not park in street curb spaces.
✓ Allow public parking in the 8th Street lot after 5:00 p.m. and on Saturdays, Sundays and holidays and post appropriate signs to this effect.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 49 Zucker Systems
✓ Analyze City employee parking needs at the 8th Street lot and open any non-needed spaces to the public.
✓ Change the beach lots from a flat fee to an hourly fee, offer a merchant validation program, and explore use of the lots for a merchant valet program.
✓ Improve signage to the beach lots.
✓ Formalize the in-lieu parking program in conformance to AB 1600 requirements.
c) Second Phase – Management Improvements:
✓ Adjust beach parking lot rates depending upon the result of parking surveys. If usage remains low, lower the rates. If usage reaches an average occupancy of 85%, raise the rates.
✓ Conduct a license plate analysis to determine the number of curb-side parkers who move their cars every two hours or rub off the chalk. If this is a problem, adopt a computerized system that records license plate numbers for enforcement.
✓ Improve pedestrian amenities, access and directional signs to the beach lots.
✓ Consider parking meters in the public parking lots located in the 100 and 300 blocks of Main Street.
d) Third Phase – Management Improvements:
✓ Construct a two level depressed parking structure on the 8th Street lot adjacent to the Fire Station.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 50 Zucker Systems
✓ Look for opportunities to purchase land between 8th and 10th Streets between Ocean Avenue and Electric Avenue for future surface parking. The target cost should be less than $15,000 / space. ✓ Consider parking meters for curbside spaces on Main Street.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 51 Zucker Systems
6. PUBLIC FACILITIES
A. Street Trees
A key feature of pedestrian oriented streets and sidewalks are street trees. The three blocks of Main Street have 50 street trees which provide an appropriate atmosphere for much of the street. However, there are important gaps on both sides of the street.
In addition to trees missing in front of commercial establishments, there is a lack of continuity of street trees on both sides of Main Street as it crosses Electric Avenue.
The trees being used on Main Street were not planted with root barriers and the type of tree being used has invasive roots that creates problems with the sidewalks.
POLICY 7. Tree Types
The City should hire a landscape architect to recommend a tree type and planting methods for Main Street. The trees selected should grow to have substantial canopies, equal to or greater than the existing mature trees on Main Street.
POLICY 8. Missing Trees
The City and/or private interest should plant an additional 18 trees as shown in Figure 2.
POLICY 9. Tree Replacement
When existing trees need to be replaced due to damage or sidewalk problems, trees should be replaced consistent with the findings of Policy 7 and 12.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 52 Zucker Systems
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 53 Zucker Systems
B. Utility Lines and Poles
Most of the electric utilities in the area are either underground or located in alleys.
There are two areas where overhead utilities are particularly noticeable. One is a series of poles and lines leading off the 100 block of Main Street, another is along Electric Avenue.
POLICY 10. Undergrounding of Utilities
The City should adopt a long term plan to underground utilities in the Specific Plan area. Priorities should be:
1 st – Poles and lines in the 100 block.
2 nd – Poles and lines along Electric Avenue
3 rd – Other poles and lines in the area
C. Benches
In 1994 there was an eclectic mix of bench designs on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bench designs adds to the small town flavor of Main Street. The City issues permits for benches but the merchants buy their own benches and the City approves the bench design.
POLICY 11. Benches
Merchants shall be encouraged to add memorial benches to Main Street, through the memorial bench program, since they add to the pedestrian scale and atmosphere. All bench designs shall be approved by the City through a memorial bench application and the appropriate encroachment permit shall be obtained from the City. Nonmemorial benches can also be added through the Outdoor Uses Program (See Policy Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 54 Zucker Systems
4.5 for additional information and requirements). Memorial benches shall maintain disability access, pedestrian access, and access to and from the public street, at all times.
D. Street Lighting
Street lighting on Main Street is supplied by Southern California Edison. The lighting level as of 1994 is considered adequate. Decorative lights are placed in the trees during the Christmas holidays.
POLICY 12. Street Lighting
Year round lights in the Main Street trees should be undertaken as a joint project of the Main Street merchants and the City.
E. Bicycle Facilities
In 1995 there was an eclectic mix of bicycle racks on Main Street; some located next to buildings, some next to the curb. The eclectic mix of bicycle racks adds to the small town flavor of Main Street.
POLICY 13. Bicycle Facilities
Merchants shall be encouraged to add additional bicycle racks along Main Street.
All bicycle rack designs and locations shall be approved by the City, and the appropriate encroachment permit shall be obtained from the City.
F. Landscaping
Parking lots should be landscaped and also be separated from the sidewalks by landscaping. In 1994, the City's Electric Avenue parking lots met this standard, but the lot in the l 00 block of Main Street and the 8th Street lot did not.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 55 Zucker Systems
POLICY 14. Parking Lot Landscaping
The City should landscape the lot in the 100 block of Main Street and 8th Street parking lots.
G. Signs on Public Sidewalks
Some businesses along Main Street currently have sidewalk signs for business identification and advertising purposes. Properly controlled and designed, these types of signs can be beneficial to both the local business community, visitors to Main Street and the City. In 2010, the City amended the Zoning Code to allow for sidewalk signs that adhere to strict perimeters, and pursuant to this update, the Main Street Specific Plan has been amended to allow sidewalk signs of different designs to be added to businesses on Main Street subject to conditions intended to provide for and preserve safety, pedestrian access, disability access, sanitation and aesthetics.
The City issues permits for sidewalk signs in the public right- of way but merchants buy their own signs and the City approves the sign design and location.
POLICY 15. Signs on Public Sidewalks
Merchants shall be encouraged to add signage to Main Street since they add to the pedestrian engagement. All such signs shall be approved by the City and the appropriate encroachment and outdoor use permits shall be obtained from the City as a condition of installation of any sign in the public right-of-way.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 56 Zucker Systems
H. Other Public Facilities
Since no extensive new construction is contemplated by this Specific Plan, the City will continue to utilize existing services for sewage, water, drainage, solid waste disposal and energy.
I. Outdoor Uses on Public Sidewalks.
Outdoor uses shall be permitted in Public Sidewalks with the required Outdoor Uses Permit and encroachment permit. See Policy 4.5 for additional information and requirements.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 57 Zucker Systems
7. SCREENING OF PRIVATE PARKING LOTS
When creating a pedestrian atmosphere, it is generally useful to screen parking lots from pedestrians. Screening can be accomplished by a low wall or hedge or a landscape strip and trees between the pedestrian way and the parking area. Where space is particularly tight, bollards can also be used to separate parking areas from pedestrian sidewalk areas. Eight parking lots on Main Street, as shown in Figure 3, lack the appropriate screening feature.
POLICY 16. Screening of Parking Lots
The City should develop a program to encourage owners of parking lots located on Main Street to screen their parking lots from the pedestrian ways. The City should also explore the possibility for design assistance grants or low cost loans as an incentive for owners to improve their lots.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 58 Zucker Systems
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 59 Zucker Systems
8. DOWNTOWN MANAGEMENT
The goal of the Main Street Specific Plan is to set clear standards for Main Street.
Under these standards, merchants and property owners can proceed with improvements in a timely fashion and residents can feel comfortable about Main Street development. Nevertheless, it is unrealistic to assume that standards, once set, can remain the same for all time. Since circumstances can change, it is important to monitor Main Street’s evolution over time.
The adoption and implementation of the Main Street Specific Plan can provide a major impetus for downtown revitalization. However, most communities involved with downtown revitalization have found that focusing on land use, circulation and design can be most effective when coupled with an additional emphasis on organization, promotion and economic restructuring. Such activities are strongly encouraged by the City to be undertaken by the local business community on a voluntary basis.
POLICY 17. Business Improvement Activities
The local business community may wish to develop on a voluntary basis additional organizational, promotional, economic restructuring, and improvement programs.
Such voluntary activities of the local business community could include:
Organization: Building consensus for action. Seeking cooperation from all parties. Providing long-term management and
planning.
Promotion: Advertising downtown as a place to shop, invest and live.
Economic Recruiting businesses or developers to fulfill specific Restructuring: downtown needs and assisting existing businesses through business seminars and the like.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 60 Zucker Systems
Improvements: Trees, lighting, sidewalks, undergrounding utilities, and signs.
POLICY 18. Bi-Annual Main Street Review
Every two years the City should prepare a Main Street review. Said review should include an analysis of:
a. Sales tax trends
b. Store vacancies
c. Store turnovers
d. Parking as per Policy 6
e. Report from the Main Street business community
Based on an analysis of this the City should determine what, if any, additional actions are appropriate to carry out the intent of the Specific Plan. This review should be presented before the City Council at a noticed hearing.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 61 Zucker Systems
9. RELATION OF THE SPECIFIC PLAN TO THE GENERAL
PLAN
The Main Street Specific Plan carries out the objectives of the Seal Beach General Plan. It specifically carries out the following:
a. Goal 3. Parks, Recreation and Community Beautification; Land Use Element, Page 4
“A master plan should be developed for street tree planting and other community beautification programs with emphasis on major arterials entering the City.”
This item is carried out through the Specific Plan's street tree program as described in Policies 7, 8 and 9.
b. Goal 6. Commercial; Land Use Element, Page 5 (as amended) “A precise specific plan should be developed for the coastal business district.”
This Specific Plan includes the coastal business district and thus implements this goal.
c. Goal 9. Circulation; Land Use Element, Page 6
“Efforts should be made to improve traffic circulation in the Coastal section of the City.”
The Specific Plan land use and parking proposals should assist traffic circulation.
More specifically, the land use policies coupled with the parking and traffic policies set appropriate parking standards for various uses. Where parking standards cannot be met, they are mitigated through a fee program.
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 62 Zucker Systems
d. Commercial Land Use, Page 22
“The Main Street commercial serves both local residents and, to some extent, beach going people from other areas. The diversity in market attraction of the various commercial areas Indicates that each area should be treated differently than any of the others due to the particular clientele of each”
This item is carried out in the Specific Plan by recognizing Main Street as a unique area. Specific unique land use tables are included in Policy 1, special design features are included in Policies 2, 3 and 4, and new commercial parking and loading requirements in Policies 5 and 6.
e. 3.2 Proposed Service Commercial Uses
“The proposed Land Use Element would continue the Seal Beach Shopping Center and the Leisure World Shopping Center as functioning service commercial uses. Main Street commercial is also proposed to be designated a service commercial use.
As pointed out earlier the proposed new land use designation would be a name change only, because the present existing uses are of a service commercial nature.
Main Street commercial, with the attraction of the beach and the proximity of relatively high density residential, has the potential to become a unique shopping area. With strong attraction for beach users, this commercial area can and should turn to a more pedestrian-oriented environment through the design application of textured walkways, street furniture, sign graphics, landscaping, lighting, and other design features.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 63 Zucker Systems
The Specific Plan is consistent with this language. The Specific Plan establishes special design standards for the Main Street area in Policies 2, 3 and 4 and Policies 7 through 16.
f. 3.1, 3.1c, 3.1e Civic Center Functions, Pacific Electric Right-of-Way, and Seal Beach Pier, Pages 32 and 33
“3.1 Civic Center Functions
Civic Center functions are divided into four main categories:
Administration, Police, Fire and Public Works. It is envisioned that the Administration offices will remain in the Coastal District at Eighth Street and Central Avenue, In the City Administration Building which was constructed in 1969. Fire Department services will continue to be administered from Fire Station No. 3 located on Beverly Manor Road and Fire Station No. 1 will continue to serve the portion of the City nearest to the beach.”
“3.1c Pacific Electric Right-of-Way
The Pacific Electric Right-of-Way has been developed as a park allowing for uses such as open space, recreation, public facilities (e.g., library, senior citizens' center, Red Car Museum, etc.). Development was through the Specific Plan Process.”
“3.1e Seal Beach Pier
The Seal Beach Pier, one of the very few piers in use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present me can be continued and enhanced.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 64 Zucker Systems
The retention of the Administrative Offices and a Fire Station on Eighth Street along with the Electric Avenue Park and the Pier are all key ingredients for the Main Street area. The Administrative Offices, Fire Station, Pier and portions of Green Belt Park are included within the Specific Plan Boundary (see Figure 1). g. Scenic Highway Element
Ocean Avenue is shown as a local Scenic Highway and Pacific Coast Highway is shown as a Proposed Scenic Highway in the Scenic Highway Element. The Main Street Specific Plan design guidelines in Policies 2, 3 and 4 are consistent with these designations and implement scenic features.
h. 3.1d Beach Parking; Land Use Element
“Additional Coastal Area land should not be committed to beach visitor parking; instead the concept of periphery parking in the outlying areas with a transport system should be explored. The advantage of periphery parking is that beach visitors from inland Orange County could be Intercepted and then transported to the beach via a tram/ minibus system, thus alleviating traffic congestion directly adjacent to the beach.”
The Main Street Specific Plan is consistent with this language. No new beach parking is proposed within the Specific Plan area. Better use of existing parking is proposed in Policy 6 through a parking management plan. i. 3.1e Seal Beach Pier; Land Use Element, Page 33
“The Seal Beach Pier, one of the very few piers m use today along the California coastline, should be maintained as its present use to allow for both fishing and pleasure walking to enjoy ocean amenities. Any needed repairs for the pier should be carried out so that the present use can be continued and enhanced.”
Main Street Specific Plan
City of Seal Beach
July 1996
Amended October 2025
Main Street Specific Plan 65 Zucker Systems
The Main Street Specific Plan is consistent with the importance of maintaining the Seal Beach Pier. The plan does not specifically make any changes to the Pier. j. 1.3 Central Business Commercial Area Along Main Street; Land Use Element, Page 8
The language in this section concerning Main Street is the same as the Main Street Specific Plan Vision Statement, see Page 1 of the Specific Plan.
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1 | City of Seal Beach 2021-2029 Housing Element
Contents
Contents .....................................................................................................................................1 Section 1 Introduction..........................................................................................................3
1.A Community Context .............................................................................................3
1.B Housing Element Purpose ...................................................................................4
1.C Organization of the Housing Element...................................................................5
1.D Data Sources and Methods..................................................................................6
1.E Summary of Public Participation ..........................................................................6
1.F Consistency with Other General Plan Elements...................................................7
1.G Other Statutory Requirements..............................................................................7 Section 2 Projected Housing Need ......................................................................................9
2.A Regional Housing Needs Allocation .....................................................................9
2.B 2021-2029 Seal Beach Housing Needs ...............................................................9 Section 3 Housing Resources..............................................................................................9
3.A Introduction..........................................................................................................9
3.B Land Resources.................................................................................................10
3.C Opportunities for Energy Conservation ..............................................................10 Section 4 Goals, Policies, and Programs...........................................................................12
4.A Introduction........................................................................................................12
4.B Goals, Policies, and Programs...........................................................................13 Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents..........................................................13 Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households............................................................................24 Goal 3: Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing......28 Goal 4: Maintain and enhance the quality of residential neighborhoods in Seal Beach........33 Goal 5: Affirmatively further fair housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. ...36 Goal 6: Encourage more efficient energy use in residential developments. .........................42
4.C Quantified Objectives.........................................................................................43 2021-2029 Housing Element City of Seal Beach | 2
Appendix A: Housing Needs Assessment
Appendix B: Sites Inventory and Methodology
Appendix C: Housing Constraints
Appendix D: Existing Programs Review
Appendix E: Public Participation Summaries
Appendix F: Affirmatively Furthering Fair Housing Assessment Appendix G: Housing Resources
3 | City of Seal Beach 2021-2029 Housing Element
Section 1 Introduction
1.A Community Context
Seal Beach encompasses 11.4 square miles in northwestern Orange County south of Long Beach (in Los Angeles County) and north of Huntington Beach (see Figure 1). Incorporated in 1915 primarily as a farming community, the city has grown while still maintaining its small-town atmosphere. The population of the city remained relatively stable from 1915 to 1944 with little more than 1,000 residents. However, in 1944 the U.S. Navy acquired half of the city to construct the Naval Weapons Station bringing new residents to Seal Beach. The population increased to more than 7,000 persons in 1954 with the development of the Marina Hill subdivision. In 1962, Leisure World retirement community was established with an estimated 9,000 senior residents.
In 1966, a large housing tract referred to as College Park East was developed and added an additional 5,000 homeowners. As of January 1, 2021, the Seal Beach population was approximately 24,443 according to the California Department of Finance.
The demographic characteristics of Seal Beach have remained relatively stable over the past three decades. With the presence of Leisure World and many condominium developments catering to retired persons, the city has a large number of elderly households. The City’s prime beachfront location appeals to the affluent, both working and retired. Property values in Seal Beach increased as the City has become increasingly built out. Newcomers to the City who can afford high housing costs tend to be those of upper incomes or retired persons with substantial assets. However, the city also has long-time residents who purchased their homes many years ago when real estate was still affordable. Many of these long-time residents have fixed incomes and may have difficulty in maintaining their homes.
The housing stock in Seal Beach consists of a mix of single-family and multi-family units with one mobile home park. Though a majority of the housing units are more than 40 years of age, housing is generally in good condition with the exception of some older beach areas and some units in the mobile home park.
2021-2029 Housing Element City of Seal Beach | 4
Figure 1: Regional Location Map
1.B Housing Element Purpose
State law recognizes the vital role local governments play in the supply and affordability of housing.
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the city or county. The Housing Element is one of the seven mandated elements of the General Plan. Housing Element law, first enacted in 1969, mandates 5 | City of Seal Beach 2021-2029 Housing Element
that local governments plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that, in order for the private market to adequately address housing needs, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in California rests largely upon the effective implementation of local General Plans and, in particular, local Housing Elements. Housing Element law also requires the California Department of Housing and Community Development (HCD) to review local housing elements and to report its written findings to local governments with respect to the Housing Element’s conformance with state law.
As mandated by State law, the planning period for this Housing Element extends from 2021 to 2029. This Element identifies strategies and programs that focus on the following major goals:
• Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents;
• Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households;
• Goal 3: Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement and development of housing; • Goal 4: Maintain and enhance the existing quality of residential neighborhoods in Seal Beach;
• Goal 5: Affirmatively further fair housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, income, or familial status; • Goal 6: Encourage more energy efficient use in residential developments.
1.C Organization of the Housing Element
The Housing Element consists of the following major components:
• An analysis of the City’s demographic and housing characteristics and trends (Appendix A);
• An evaluation of land, financial, and administrative resources available to address the City’s housing goals (Appendices B and G);
• A review of potential constraints, both governmental and non-governmental, to meeting the City’s housing needs (Appendix C); and
• A Housing Action Plan for the 2021-2029 planning period, including housing goals, policies and programs.
• A review of the City’s accomplishments and progress in implementing the previous Housing Element is provided in Appendix D.
2021-2029 Housing Element City of Seal Beach | 6
1.D Data Sources and Methods
In preparing the Housing Element various data sources are utilized. Chapter II – Housing Needs Assessment utilizes HCD-approved data compiled by the Southern California Association of Governments (SCAG), which is based primarily on the U.S. Census Bureau American Community Survey (ACS). Some population and housing unit data are also prepared by the California Department of Finance (DOF). City records also provide data regarding some issues such as units at risk of conversion and housing construction and demolition activity in the Coastal Zone.
1.E Summary of Public Participation
Section 65583(c)(5) of the Government Code states that "The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort." Public participation played an important role in the formulation and refinement of the City’s housing goals, policies and programs for the next 8 years. Please see Appendix E for information regarding the public involvement process for the 2021 Housing Element update.
The City conducted extensive outreach to groups representing lower-income families and special needs populations, including seniors, homeless populations, and people with disabilities. These groups include:
• Community Housing Resources, Inc. (Lower Income)
• Dayle McIntosh Center (People with Disabilities, Seniors) • Habitat for Humanity of Orange County (Lower Income)
• Jamboree Housing Corporation (Lower Income)
• Kennedy Commission (Lower Income, Homeless)
• Mercy Housing (Lower Income, Homeless)
• Neighborhood Housing Services of OC (Lower Income)
• OC Housing Finance Trust (Lower Income, Homeless)
• Orange County Housing Authority (Lower Income)
• Regional Center of Orange County (People with Disabilities) 7 | City of Seal Beach 2021-2029 Housing Element
Comments from these groups included topics including:
• The need to accommodate housing for lower-income households (see the various programs under Goals 2 and Goal 5 that are targeted towards addressing the housing needs of lower-income households)
• Developing mixed-use areas and housing in the Main Street Downtown area (see Program 1b – Mixed Commercial/Residential High Density Zone and Program 1s – Main Street Specific Plan)
• Partnering with the Navy base to develop housing (see Program 1q - Partner with the U.S.
Navy and the Seal Beach Naval Weapons Station)
• Removing land use restrictions that may prevent housing (see programs under Goal 3 that remove existing constraints to the devlelopment of housing) • The desire for a more interactive public participation process (see Programs 1g – Community Engagement and Outreach, 5h – Affordable Housing Task Force, and 5k – Affordable Housing Affirmative Fair Marketing Plan as well as the many engagement opportunities described in Appendix E)
1.F Consistency with Other General Plan Elements
The elements that comprise the Seal Beach General Plan are required to be internally consistent.
Together these elements provide the framework for development of facilities, services and land uses necessary to address the needs and desires of the city residents. The City will ensure consistency between the various General Plan elements and ensure policy direction introduced in one element is reflected in other plan elements. For example, residential development capacities established in the Land Use Element and constraints to development identified in the Safety/Noise Element are reflected in the Housing Element. This Housing Element builds upon the other General Plan elements and is consistent with the policies and proposals set forth by the Plan. As the General Plan is amended from time to time, the City will review the Housing Element for internal consistency and make any necessary revisions.
Government Code Section 65302 requires that the Safety and Conservation Elements be reviewed with each update to the Housing Element.
1.G Other Statutory Requirements
Senate Bill (SB) 1087 of 2005 requires cities to provide a copy of their Housing Elements to local water and sewer providers, and also requires that these agencies provide priority hookups for developments with lower-income housing (see Program 3e to this effect). These providers were 2021-2029 Housing Element City of Seal Beach | 8
consulted during preparation of the Housing Element update and a copy of the final Housing Element will be provided to these agencies upon adoption. 9 | City of Seal Beach 2021-2029 Housing Element
Section 2 Projected Housing Need
2.A Regional Housing Needs Allocation
The Regional Housing Needs Allocation (RHNA) is a key tool for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing during the period from July 2021 to October 2029. Communities then determine how they will address this need through the process of updating the Housing Element of their General Plans.
The current RHNA was adopted by SCAG in March 2021. The future need for new housing was determined by the forecasted growth in households in a community as well as existing needs due to overpayment and overcrowding. The housing need was adjusted to maintain a desirable level of vacancy to promote housing choice and mobility and to account for units expected to be lost due to demolition, natural disaster, or conversion to non-housing uses. Total housing need was then distributed among four income categories on the basis of the current household income distribution.
After the total housing need was determined for the SCAG region, SCAG was tasked with allocating the RHNA to individual jurisdictions based on factors established in State law. The distribution of housing need by income category for each jurisdiction was adjusted to avoid an over-concentration of lower-income households in any community.
2.B 2021-2029 Seal Beach Housing Needs
The total housing growth need for the City of Seal Beach during the 2021-2029 planning period is 1,243 units, which is distributed by income category as shown in 0.
Table 1: Regional Housing Needs 2021-2029
Very Low* Low Moderate Above Mod Total
258 201 239 545 1,243
Source: SCAG 2021
*Includes extremely low households, estimated to be one-half the very-low need (129 units).
Section 3 Housing Resources
3.A Introduction
There are a variety of resources available to support the City in implementation of its housing strategy, landowners and developers seeking to provide affordable housing, and residents in need of housing assistance in Seal Beach. This Section provides a summary of land resources available to accommodate future housing in the City. The detailed housing capacity analysis and methodology is contained in Appendix B. Appendix G also includes a list of local, regional, State, 2021-2029 Housing Element City of Seal Beach | 10
and federal programs that provide financial and related assistance to support the City in meeting its housing goals.
3.B Land Resources
Section 65583(a)(3) of the Government Code requires Housing Elements to contain an “inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” The analysis of potential development sites is contained in Appendix B.
3.C Opportunities for Energy Conservation
State of California Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are codified in Title 24 of the California Energy Code and are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.
Title 24 sets forth mandatory energy standards and requires the adoption of an “energy budget” for all new residential buildings and additions to residential buildings. Separate requirements are adopted for “low-rise” residential construction (i.e., no more than 3 stories) and non-residential buildings, which includes hotels, motels, and multi-family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gas cooling devices, conservation standards and the use of non-depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations through the plan check and building inspection processes.
Examples of techniques for reducing residential energy use include the following:
• Glazing – Glazing on south facing exterior walls allows for winter sunrays to warm the structure. Reducing glazing and regulating sunlight penetration on the west side of the unit prevents afternoon sunrays from overheating the unit.
• Landscaping – Strategically placed vegetation reduces the amount of direct sunlight on the windows. The incorporation of deciduous trees in the landscaping plans along the southern exposure of units reduces summer sunrays, while allowing penetration of winter sunrays to warm the units.
• Building Design – The implementation of roof overhangs above southerly facing windows shield the structure from solar rays during the summer months. • Cooling/Heating Systems – The use of attic ventilation systems reduces attic temperatures during the summer months. Solar heating systems for swimming pool 11 | City of Seal Beach 2021-2029 Housing Element
facilities saves on energy costs. Natural gas is conserved with the use of flow restrictors on all hot water faucets and showerheads.
• Weatherizing Techniques – Weatherization techniques such as insulation, caulking, and weather stripping can reduce energy use for air-conditioning up to 55% and for heating as much as 40%. Weatherization measures seal a dwelling unit to guard against heat gain in the summer and prevent heat loss in the winter.
• Efficient Use of Appliances – Appliances can be used in ways that increase their energy efficiency. Unnecessary appliances can be eliminated. Proper maintenance and use of stove, oven, clothes dryer, washer, dishwasher, and refrigerator can also reduce energy consumption. New appliance purchases can be made on the basis of efficiency ratings. • Solar Installations – On July 13, 2009, the City Council adopted a comprehensive fee schedule (Resolution 5898). The resolution waived all fees for standard residential solar installations.
In addition to these techniques for reducing energy use in dwellings, the City supports broader “smart growth” efforts to encourage compact development and public transportation. For example, Programs 1a and 1b in the Housing Action Plan (Chapter V) include a commitment to process a zoning amendment to facilitate new high-density multi-family residential development on underutilized land in proximity to commercial and employment opportunities and bus transit. Such development contributes to a reduction in greenhouse gas emissions through lower energy use and vehicle trips (see also Programs 6a and 6c). In addition, as part of the City’s program to assist low-income households in Leisure World to upgrade bathrooms to facilitate aging in place, the City will provide applicants with information on use of green materials and energy conserving measures in home improvements (Program 6b).
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Section 4 Goals, Policies, and Programs
4.A Introduction
This section of the Housing Element sets forth the City’s goals, policies, programs and objectives to address the housing needs of Seal Beach residents. This Housing Plan represents a continuing effort on the part of the City to facilitate the provision of housing for all economic segments of the population and persons with special needs, to maintain the condition and affordability of the existing housing stock, and to further fair housing. Table 2 (Section 4.C) identifies the City’s quantified housing objectives over the 2021-2029 period. 13 | City of Seal Beach 2021-2029 Housing Element
4.B Goals, Policies, and Programs
A sound basis for any plan of action is a set of well-defined goals and policies to express the desires and aspirations of the community. The City has established the following housing goals:
• Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents.
• Assist in the development of adequate housing to meet the needs of low- and moderateincome households. • Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. • Maintain and enhance the quality of existing residential neighborhoods. • Promote equal housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. • Encourage more efficient energy use in residential developments.
Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents.
Policies
Policy 1a
Provide adequate sites for a variety of housing types through the Land Use Element of the General Plan and the Zoning Code, while ensuring that environmental and infrastructure constraints are addressed.
Policy 1b
Where appropriate, encourage the redesignation of vacant and underutilized non-residential land to residential or mixed uses with appropriate densities to facilitate the development of a variety of housing types to address the housing needs of all economic segments of the population.
Policy 1c
Encourage the infilling of vacant residential land.
Policy 1d
Encourage the recycling of underutilized residential land, where such recycling is consistent with established land use plans.
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Policy 1e
Provide compatibility of residential uses with surrounding uses through the separation of incompatible uses, construction of adequate buffers, and other land use controls.
Policy 1f
Improve all residential environments through the provision of adequate public facilities and services, including streets and parks, as well as water, sewer, and drainage systems.
Policy 1.g
Provide for adequate, freely accessible open space within reasonable distances of all community residents.
Programs
Program 1a: Provide Adequate Sites for Housing through updates to the General Plan and Zoning Code
The Land Use Element of the Seal Beach General Plan designates land within the city for a variety of residential types and densities ranging from 9 to 46 units per acre. The land use designations are implemented through the Zoning Code. Although there is limited developable vacant land remaining, the Regional Housing Needs Assessment (RHNA) assigns Seal Beach a housing need of 1,243 units during the 2021-2029 planning period. When sufficient land with appropriate zoning is not available to accommodate regional housing needs, State law requires cities to amend existing land use plans and regulations to create additional capacity for housing development to accommodate the RHNA.
As discussed in Appendix B, the City has conducted an evaluation of potential properties where land use regulations will be amended to create additional opportunities for housing or mixed-use development.
To address the current shortfall in capacity for potential housing development, the City will process zoning and General Plan amendments for sufficient sites with appropriate densities as identified in Appendix B no later than October 15, 2024, to fully accommodate the City’s remaining housing need. Rezoned sites will comply with the requirements of Government Code §65583.2(h) and (i). Developments at designated housing sites where 20 percent or more of the units are affordable to lower-income households will be permitted by right, pursuant to State law as applicable.
Objective: Maintain adequate sites to accommodate the RHNA allocation Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
15 | City of Seal Beach 2021-2029 Housing Element
Schedule: Complete rezoning by October 2024, with ongoing modifications as needed to maintain site inventory
Program 1b: Mixed Commercial/Residential High Density Zone In order to implement development at various commercial sites in the sites inventory and to address constraints on the development of housing for a variety of income levels, a new mixeduse designation is proposed. Currently, the City’s mixed-use designation (Limited Commercial/Residential Medium Density or LC/RMD) does not have a high enough density minimum to meet State law requirements for lower-income housing. The City is creating a mixeduse district (the Mixed Commercial/Residential High Density Zone) that has a minimum density of 40 du/acre and a maximum density of 46 du/acre. This district will be applied to larger commercial sites as described in Appendix B. As part of the creation of the Mixed Commercial/Residential High Density Zone, the City will create incentives to encourage development of units affordable to moderate and lower-income households, as well as modifications to reduce or eliminate minimum unit sizes to create the most viable development opportunities. In addition, the new MC/RHD zone will not allow 100 percent nonresidential projects.
Objective: Create a mixed-use zone that meets state requirements for RHNA site designation, specifically to facilitate housing for lower income households. The zoning process will accommodate State requirements to allow for: a minimum residential density of 40 units per acre and 46 units per acre on larger, developed sites; a large enough size to permit at least 16 units; exclusively residential uses; at least 50 percent of the building floor area of a mixed-use development to be dedicated to residential uses; and housing by-right with at least 20 percent of the units affordable to lower-income households. The definitions of “persons and families of low and moderate income,” “lower income households,” and “very low-income households” as set forth in Health and Safety Code sections 50079.5, 50093, and 50150 shall apply. The City shall engage with affected property owners, the Building Industry Association, affordable housing developers, and other stakeholders during the zoning process to ensure the development standards can result in the development of the maximum number of units allowed and facilitate the inclusion of affordable units.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Complete site rezoning necessary to accommodate the RHNA by October 2024, with ongoing implementation. Engage in outreach with Building Industry Association, affordable housing developers, and other stakeholders during the rezoning process at least once.
Schedule: Ordinance adoption by April 2025.
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Program 1c: Promote Available Housing Incentives and Evaluate Effectiveness To enhance the feasibility of affordable housing development, the City will offer incentives and concessions such as expedited processing, administrative assistance with applications for funding assistance, and modified development standards consistent with State law, including, but not limited to, density bonus law, permit streamlining under SB35 for projects with at least 50 percent affordability, and SB 330. The City will update its website to include this information in greater detail for potential developers. The City will evaluate the effectiveness of affordable housing incentives and concessions on an annual basis with empirical data (development of units) and anecdotal discussions with developers. To the extent that available incentives do not result in the construction of significant numbers of affordable units, the City will examine revised or new incentives and review processes that may be implemented.
Objective: Make information on available incentives and concessions readily available, and evaluate their efficacy on a regular basis
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Website updates by December 2024, evaluation on an ongoing annual basis. If available incentives demonstrate ineffectiveness by the end of the 2025 calendar year, the City will undertake revisions to available incentives in 2026.
Program 1d: Annual Progress Report
The City will report its progress in implementing this program to HCD on an annual basis, pursuant to Government Code §65400.
Objective: Maintain compliance with State law and provide transparency on progress towards the RHNA
Responsible Party: Community Development
Funding Source: General Fund
Schedule: April of each year
Program 1e: Ensure No Net Loss of Housing Capacity
The City shall comply with the “no net loss” provisions of Government Code §65863 through the implementation of an ongoing project-by-project evaluation process to ensure that adequate sites are available to accommodate the City’s remaining RHNA allocation throughout the planning period. The City shall not reduce the allowable density of any site in the residential land inventory, nor approve a development project at a lower density than assumed in the land inventory, unless both of the following findings are made:
1. The reduction is consistent with the adopted General Plan, including the Housing Element; and
17 | City of Seal Beach 2021-2029 Housing Element
2. The remaining sites identified in the Housing Element are adequate to accommodate the City’s remaining share of regional housing need pursuant to Government Code §65584.
If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City’s remaining share of its lower- or moderate-income regional housing need, the City may reduce the density on that parcel if it identifies sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential capacity.
Objective: Maintain adequate inventory of sites for residential development according to State law Responsible Party: Community Development
Funding Source: General Fund
Schedule: Ongoing implementation
Program 1f: Replacement Housing Program
If residential development on any property rezoned to accommodate the RHNA allocation involves demolition of existing residential units, the City will require replacement pursuant to Gov. Code §65583.2(g)(3).
Objective: Maintain no net loss of housing, with specific focus on housing affordable to lowerincome residents by developing a formal, ongoing procedure for analyzing loss of units and replacement requirements.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Ongoing implementation
Program 1g: Community Engagement and Outreach
A goal of the City is to create and maintain desirable living areas for residents by protecting residential neighborhoods from incompatible uses. The City recognizes that opinions on compatibility may change over time. A community engagement and outreach program will be implemented through the review of proposed amendments to the General Plan and zoning regulations to ensure changes reflect the needs of the community while also expanding housing opportunity sites in accordance with the RHNA allocation and State law.
Objective: Effectively utilize the zoning and General Plan amendment process to implement appropriate land use controls to ensure the compatibility of residential areas with surrounding uses. At least one community meeting during the zoning and General Plan amendment process, by February 2024.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
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Schedule: Completed commensurate with Zoning Code updates to be completed by February 2024
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 to the City’s adopted ADU Ordinance as needed for consistency with State law.
2. Pre-approve ADU plans currently under development by the Orange County Council of Governments (OCCOG) that can be customized at minimal cost to the property owner.
3. 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.
4. Creation and distribution of marketing materials to advise property owners of the opportunity to create ADUs and to encourage the occupancy of these units by households/persons with lower incomes.
Objective: Provide a streamlined and understandable process for the development of ADUs and JADUs, supported by incentives and resources as they may be available. Adopt pre-approved plans. Permit 10 ADUs during the planning period.
Geographic Targeting: Distribute ADU marketing materials with a focus on low density neighborhoods.
Responsible Party: Community Development; Planning Commission; City Council Funding Source: General Fund
Schedule: Revise existing ordinance as needed based on changes to State law, and website updates by September 2024, with ongoing implementation as needed. Seek out architects or builders willing to submit ADU plans for pre-approval by December 2024; adopt pre-approved ADU plans by June 2025
Program 1i: Accessory Dwelling Units Amnesty Program
The City will establish a program to allow owners with existing unpermitted ADUs to obtain permits to legalize the ADUs during the 2021-2029 planning period. The Amnesty Program shall consist of two parts: 1) education; and 2) incentives. Education will require creation of an information guide to help educate and inform owners of the importance and benefits of legalizing and bringing their unpermitted units into compliance. The information guide will include an overview of the necessary life safety code requirements and improvements that will need to be provided for permit issuance and advice on how to discuss and ask questions of permitting staff without the risk of Code Enforcement action. The information guide will also explain how the City’s ADU regulations have created an easier path towards compliance where ADUs were previously not feasible. The 19 | City of Seal Beach 2021-2029 Housing Element
City will also create incentives, such as fee waivers, reductions or courtesy inspections to encourage property owners to seek permits to legalize units and make them safe for habitation.
Objective: Encourage the identification and permitting of two unpermitted ADUs and confirm that the units comply with applicable standards.
Geographic Targeting: Distribute ADU information guide in Old Town Seal Beach.
Responsible Party: Community Development; City Council
Funding Source: General Fund
Schedule: Develop program by October 2024.
Program 1j: Accessory Dwelling Units Monitoring Program The City will annually monitor its progress in permitting ADUs during the planning period with the intent of increasing the number of ADUs. Monitoring will occur in conjunction with the Annual Housing Element Progress Report. The analysis will track applications for ADUs, location, affordability, and other important features. If ADU permitting falls below five (5) ADUs for more than two consecutive years, the City shall re-evaluate the City's ADU standards and procedures and modify accordingly within six (6) months. The City will conduct additional outreach and marketing in addition to modifications to regulations and processes.
Objective: Provide a streamlined and understandable process for the development of ADUs and JADUs, supported by resources as they may be available.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Create monitoring program within six (6) months of adoption of Housing Element; annual monitoring and program revisions as may be warranted Program 1k: Emergency Shelters, Low Barrier Navigation Centers and Transitional/ Supportive Housing
Housing and the continuum of care for those at risk of or currently experiencing homelessness has changed dramatically in Orange County over the last five years. Housing options ranging from temporary emergency shelters to permanent supportive units are available now in much greater numbers, and tied to a range of services and support networks at the regional level to leverage resources and more comprehensively address problems.
AB 139 (2019) revised State law regarding parking standards for emergency shelters. AB 2339 (2022) further revised the law to require zones where shelters are permitted to also allow residential uses and obligates the City to evaluate the opportunity for shelter development on designated sites. To ensure that City development standards and procedures continue to provide adequate sites for emergency shelters, parking requirements for emergency shelters will be amended consistent with current law. In 2018, AB 2162 amended State law to require that 2021-2029 Housing Element City of Seal Beach | 20
supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria. AB 101 (2019) added the requirement that “low barrier navigation centers” meeting specified standards be allowed by-right in areas zoned for mixed-use and in nonresidential zones permitting multi-family uses pursuant to Government Code §65660 et seq. The City will amend its Zoning Code to require transitional and supportive housing uses to conform only to those regulations that apply to other residential uses of the same type in the same zone, in compliance with AB 2339. The City will monitor the inventory of sites appropriate to accommodate transitional and supportive housing and will work with the appropriate organizations to meet the needs of persons experiencing homelessness and extremely low-income residents.
The amendment will also ensure consistency with all other applicable state laws.
Objectives: (a) Continue to facilitate the provision of emergency shelters and transitional/supportive housing consistent with State law; (b) Process a Code amendment to amend City regulations for emergency shelters, supportive housing and low-barrier navigation centers consistent with State law. Permit 1 emergency shelter, low barrier navigation center, or transitional supportive housing development during the planning period.
Responsible Party: Community Development; Planning Commission; City Council Funding Source: General Fund
Schedule: Process a code amendment related to emergency shelters, low barrier navigation centers, and transitional and supportive housing concurrent with the Zoning Code update for RHNA sites, with ongoing evaluation.
Program 1l: Provision of Adequate Public Facilities and Services New residential developments bring new residents to the City, placing an increased demand on public facilities and services. To adequately serve its existing and future residents, the City must ensure that new residential developments are provided with adequate public facilities and services.
The City will continue to utilize the environmental and other development review procedures to ensure that all new residential developments are provided with adequate public facilities and services. If existing public facilities or services are inadequate to serve new development consistent with land use plans, the City will work cooperatively with service providers to expand capacity where feasible.
Objective: Maintain adequate public facilities and services Responsible Party: Public Works Department, service providers Funding Source: General Fund
Schedule: Ongoing implementation as development occurs
21 | City of Seal Beach 2021-2029 Housing Element
Program 1m: Streamlined Permit Processing and Transparency SB 35 (2017) requires streamlined ministerial approval procedures under certain circumstances.
The City will establish and implement written procedures to ensure conformance with SB 35 and other applicable State laws.
In addition, all zoning, development standards, and fees will continue to be posted on the City’s website in conformance with State transparency requirements.
Objective: Reduce barriers to housing development through simplified processing and available information consistent with SB 35.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Written procedures will be developed by January 2024 with ongoing updates to the website and other informational material
Program 1n: SB 9 Lot Splits
Adopt an Ordinance to expand the housing supply in High Resource low density zones by allowing for lot splits and duplexes under the parameters of SB 9, recognizing potential conflicts with the Coastal Act. In coordination with research being conducted at the State level, pursue opportunities to incentivize homeowners to provide affordable units under SB 9.
Objective: Reduce barriers to housing development through simplified processing; create incentives to make units created affordable. Process 2 SB 9 projects during the planning period.
Responsible Party: Community Development, City Council
Funding Source: General Fund
Schedule: Analyze opportunities and resources available to homeowners and develop online materials by December 2024.
Program 1o: Expedited Processing for Subdivision Maps including Affordable Units Adopt written procedures to expedite the review of subdivision maps, including parcel maps, tract maps and lot line adjustments, when the project includes a certain number or percentage of units affordable to lower-income households.
Objective: Reduce barriers to housing development through simplified processing; create incentives to make units created affordable
Responsible Party: Community Development, Public Works, City Clerk Funding Source: General Fund
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Schedule: Draft internal procedures within one year of adoption of Housing Element; prepare handout for distribution at the public counter and inclusion on the City’s website within one month of approval of procedures.
Program 1p: Partner with the U.S. Navy and the Seal Beach Naval Weapons Station The City will continue to collaborate with the Navy on development of housing at the Naval Weapons Station (NWS) at their selected development site along Pacific Coast Highway.
Furthermore, the City owns a small parcel of land within the fenced area of the Naval Weapons Station, and is actively communicating with U.S. Navy employees to formally open discussions for use of the parcel as affordable housing. The Navy may have joint interest in housing as well, for active duty servicemembers or potentially veterans.
Objective: Create an opportunity for affordable housing development on City property in partnership with the U.S. Navy through quarterly or more frequent meetings.
Responsible Party: Community Development, City Manager, City Council Funding Source: General Fund, outside grant sources
Schedule: Underway and ongoing
Program 1q: Allow Employee/Farmworker Housing Consistent with State Law.
The City will amend the Zoning Code to allow employee housing consistent with Health and Safety Code §17021.5 and 17021.6.
Objective: Allow employee/farmworker housing consistent with State law.
Responsible Party: Community Development, City Manager, City Council Funding Source: General Fund, outside grant sources
Schedule: December 2024
Program 1r: Main Street Specific Plan
The City will modify the existing Main Street Specific Plan to allow housing at select properties.
The City recognizes that although amendments made to facilitate housing at select properties in the Main Street Specific Plan are not accounted for in the City’s sites inventory, this program nevertheless represents a good faith effort by the City to produce additional housing.
Objective: Allow housing at select locations in the Main Street Specific Plan. Permit two residential units in the Main Street Specific Plan during the planning period.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Update Main Street Specific Plan as described by April 2025. 23 | City of Seal Beach 2021-2029 Housing Element
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Goal 2: Assist in the development of adequate housing to meet the needs of lowand moderate-income households.
Policies
Policy 2a
Expand housing opportunities for households with special needs, including the elderly, persons with disabilities, including developmental disabilities, large households, female-headed households, and the homeless.
Policy 2b
Provide incentives to encourage the development of new affordable housing for lower- and moderate-income households, including extremely-low-income persons.
Policy 2c
Investigate and pursue programs and funding sources designed to expand housing opportunities for low- and moderate-income households, including persons with special needs.
Policy 2d
Encourage construction of low- and moderate-income housing on sites that are:
• located with convenient access to schools, parks, public transportation, shopping facilities, and employment opportunities;
• adequately served by public utilities;
• adequately served by police and fire protection;
• minimally impacted by noise, flooding, or other environmental constraints; and • outside of areas of concentrated lower-income households.
Programs
Program 2a: Streamline the Density Bonus Review Process Currently, the Planning Commission reviews and approves incentives granted as part of a density bonus. To streamline the review process and provide certainty for developers, the City shall amend its Zoning Code governing density bonuses. The amendment shall ensure that the ordinance reflects all current provisions of State law, and eliminates the need for Planning Commission review to grant density bonus incentives.
Objective: Streamline the density bonus provisions and ensure City regulations reflect State law.
Permit at least one density bonus project during the planning period. 25 | City of Seal Beach 2021-2029 Housing Element
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Amendment to be completed as part of broader Zoning Code update scheduled for completion in April 2025
Program 2b: Density Bonus Incentives and Information
The Seal Beach Zoning Code contains density bonus regulations and procedures to facilitate the production of low- and moderate-income housing by providing incentives that reduce per unit development costs. State Density Bonus law was recently amended to provide additional incentives for affordable housing production. The City will create incentives that may be provided to further entice developers to take advantage of density bonuses, such as reducing processing timelines and providing greater certainty in the review process. The City will develop informational material for its website on how developers can utilize density bonus incentives to increase housing.
These materials will be simple to understand and highlight the benefits of using the density bonus provisions. The materials will be updated following adoption of the Zoning Code amendment described in Program 2a.
Objective: Create incentives for residential developers to take advantage of density bonus provisions to create affordable housing units; make information on density bonus incentives readily available
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Incentives to be finalizes and website updates to be completed by July 2025 and updated on an ongoing basis as applicable, including following adoption of the Zoning Code update in October 2024.
Program 2c: Affordable Housing Resources
The City will facilitate the development of quality affordable housing through a variety of actions, including pursuing additional funding sources and partnering with private and non-profit housing developers. To achieve this, the City will take the following actions:
• Maintain and annually update a list of non-profit housing developers active in Orange County,
• Maintain and annually update a list of properties with affordable units in the City. • Contact and provide technical assistance to qualified non-profit housing developers to explore opportunities for affordable housing development annually, or whenever development opportunities arise.
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• Monitor funding resources, such as Multi-Family Housing Program (MHP) funds and LowIncome Housing Tax Credits (LIHTC), that may become available from time to time through the County, the State, or the Federal governments to subsidize affordable housing development, and seek to partner with developers to connect to those resources. • Maintain an inventory of residential sites available for development continuously on the City website.
• Prioritize assistance for extremely-low-income (ELI) units and projects such as single room occupancy (SRO) and supportive housing commensurate with the City’s regional housing need whenever housing development is proposed.
• Provide technical assistance to affordable housing developers in preparation of grant funding applications.
• Become member of the Orange County Housing Finance Trust Collaborate with the U.S.
Navy, County of Orange, and any other public entities owning land within the city to convert surplus properties to affordable housing.
Objective: Connect three housing developers annually to share technical knowledge and resources to facilitate the development of affordable housing. Establish relationships with two additional affordable housing providers during the planning period through annual meetings to discuss possible sites and opportunities.
Responsible Party: Community Development, Finance, Planning Commission, City Council Funding Source: General Fund
Schedule: Most activities for Program 2c are ongoing in nature; membership in the Orange County Housing Finance Trust was completed in June 2022.
Program 2d: Land Write Downs and Assistance with Off-Site Improvements Land costs and requirements for off-site improvements are important factors in determining the cost of housing. As discussed above in Program 1q (Partner with the U.S. Navy and the Seal Beach Naval Weapons Station), the City currently owns a small parcel of land within the fenced area of the Naval Weapons Station and has active communication with U.S. Navy employees to open discussions for using the parcel as affordable housing, which may be used for affordable housing for active duty service members or veterans. To facilitate development of housing affordable to low- and moderate-income households the City may subsidize the cost of the parcel of land on the Naval Weapons Station and off-site improvements of the land when feasible. The City will also seek funding sources for this activity. This program will be implemented through discussions with project proponents, including the U.S. Navy, during the development review process.
Objective: Increase the number of affordable housing units Responsible Party: Community Development, Finance, City Council 27 | City of Seal Beach 2021-2029 Housing Element
Funding Source: General Fund, unless alternative grant funding is available Schedule: Ongoing
Program 2e: Explore and Obtain Funding to Subsidize Construction of Affordable Units The State of California makes funds available annually to support the development of affordable housing units. Examples include CalHome and PLHA funds. These funds are allocated to the County of Orange. Seal Beach is eligible to apply for these funds to support eligible projects. The City will develop expertise in affordable housing funding sources and the application processes.
Objective: Encourage development of 698 affordable housing units during the planning period.
Responsible Party: Community Development, Finance, City Council Funding Source: General Fund
Schedule: Ongoing
Program 2f: Regional Coordination of Housing Issues
The City will continue to participate in other programs that facilitate information sharing and housing production at a regional scale. The City will attend quarterly OCHA Cities Advisory Committee meetings to be up to date on programs offered by the County or other entities that may incentivize different types of affordable housing and encourage preservation of existing housing stock. As noted in other programs, relevant information will be posted on the City’s website and distributed through other channels such as public libraries, community newsletters, and social media.
Objective: Leverage resources to augment affordability in housing Responsible Party: Community Development, OCHA
Funding Source: General Fund
Schedule: Quarterly meetings with ongoing updates to information provided to developers and citizens on the City’s website
Program 2g: Commercial Density Bonus
Amend the Zoning Code consistent with AB 1551 (2022), which allows a commercial developer to obtain one of six commercial density bonuses by partnering with a housing developer to provide qualifying affordable housing (at least 30% total units available to low-income tenants, or 15% affordable to very low-income tenants) through either: directly building affordable housing units, donating land for affordable housing units, or providing direct funding to an affordable housing developer for development of an affordable housing project. This program is intended to incentivize affordable housing development at the City’s housing sites that are currently developed with commercial uses, which will be rezoned as described by Program 1b (Mixed Commercial/Residential Medium Density Zone).
2021-2029 Housing Element City of Seal Beach | 28
Objective: Streamline the density bonus provisions and ensure City regulations reflect State law Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Amendment to be completed as part of broader Zoning Code update scheduled for completion in October 2024
Program 2h: Promote Orange County’s Mortgage Assistance Program Low-income first-time homebuyer residents are eligible to participate in the County of Orange Mortgage Assistance Program. This program provides deferred payment downpayment assistance loans to first-time homebuyers whose annual income does not exceed 80 percent of the area median income who will occupy the home as their primary residence. Applicants are required to attend a homebuyer education workshop. The City will continue to promote the Mortgage Assistance program on its Housing Resources webpage and refer first-time homebuyers to the County’s Mortgage Assistance Program. Also see Program 5b (Housing Information and Referral Services)
Objective: Refer 2 first-time homebuyers to the County’s Mortgage Assistance Program during the planning period.
Responsible Party: Community Development, County of Orange Funding Source: General Fund
Schedule: Ongoing
Goal 3: Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing.
Policies
Policy 3a
Assist City residents in securing decent safe and affordable housing.
Policy 3b
Conserve the affordability of housing units assisted with public funds through affordability covenants or resale controls.
Policy 3c
Investigate and pursue programs and funding sources designed to maintain and/or improve the affordability of existing housing units to low- and moderate-income households. 29 | City of Seal Beach 2021-2029 Housing Element
Programs
Program 3a: Housing Choice Voucher Program Rental Assistance The Housing Choice Voucher Program, long known as “Section 8,” is a federal program that extends rental subsidies to very low- and extremely low-income individuals and families. The subsidy represents the difference between 30% of monthly income of the household and the allowable rent determined by the Section 8 program to increase housing affordability for the voucher recipient. Seal Beach is not a direct recipient of Section 8 vouchers, but it does participate in the Section 8 Rental Assistance Program through the Orange County Housing Authority (OCHA). The number of vouchers used in Seal Beach is lower than usage in almost every other community in Orange County.
Most Section 8 subsidies are issued by OCHA in the form of vouchers that permit tenants to choose their own housing. The City will make information available regarding the process of obtaining a Section 8 voucher, while noting this can be a challenging process due to lack of available funding. In addition, OCHA has recently partnered with other entities, including United Way, to expand landlord understanding of the Section 8 voucher process, and provide additional resources to make property owners more willing to accept vouchers. The City will continue to coordinate with OCHA on a quarterly basis, and provide up to date information on its website for landlords that may be interested in participating in the program. Information will also be shared through other outlets such as local libraries, Leisure World, and City social media and/or newsletters.
Objective: Increase information available on Section 8 vouchers as a means of increasing affordability for households; ensure that landlords are aware of the program and encouraged to participate; and understand how and where vouchers are used within the City.
Responsible Party: Community Development, County of Orange Funding Source: General Fund
Schedule: Website updates to be completed by December 2023, with ongoing updates and partnership with OCHA on a quarterly basis.
Program 3b: Mortgage Credit Certificates
The Mortgage Credit Certificate (MCC) is a federal program that allows qualified first-time homebuyers to take an annual credit against federal income taxes of up to 15 percent of the annual interest paid on the applicant’s mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower’s federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years.
The MCC program is administered through the County of Orange (https://www.ocgov.com/residents/mccp).
2021-2029 Housing Element City of Seal Beach | 30
The City will promote the MCC program on its website and other available outlets.
Objective: Increase awareness of the MCC program to increase affordability for homebuyers Responsible Party: Community Development, County of Orange Funding Source: General Fund
Schedule: Website update was completed in January 2023 with ongoing maintenance and monitoring for changes to the program
Program 3c: Local Coastal Program
Seal Beach does not currently have an approved Local Coastal Program (LCP). As a result, all projects located within the portion of the city that is within the Coastal Zone are subject to review by the California Coastal Commission, in addition to the required City approvals. This additional requirement represents a possible impediment to housing development within the Coastal Zone.
To address this issue, the City is currently working on the preparation of an LCP, funded in part by a grant from the Coastal Commission. The Environmental Quality Control Board will provide guidance to staff in this effort. A draft Land Use Plan, the first of two major components of the LCP was submitted to the Coastal Commission for review in May 2023 and is currently awaiting feedback.
Objective: Streamline the development process by eliminating a separate process for Coastal Zone approvals
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund, Coastal Commission Grant Funding Schedule: Based on conversations with the California Coastal Commission and expanded public outreach, target a draft Local Coastal Program by December 2025.
Program 3d: Implementation of new Planning and Permitting Software The City integrated online plan check in 2020, in response to the COVID-19 pandemic, and to simplify the permitting process. Based on the success of that effort, the City has recently initiated transition to a new planning and permitting software which will allow for even greater digital and remote access to the Community Development Department. Digital submittal, turnaround, and record keeping will continue to speed the permitting process, therefore reducing costs associated with development.
Objective: Streamline the development process through software implementation and online access to planning and permitting.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Completed August 2024.
31 | City of Seal Beach 2021-2029 Housing Element
Program 3e: Priority Water and Sewer Services
Continue to make service providers aware of the City’s housing plans and encourage them to expedite service to restricted lower income residential projects Objective: Inform service providers of plans to develop housing affordable to lower-income households so those service needs can be prioritized
Responsible Party: Community Development, Public Works
Funding Source: General Fund
Schedule: Ongoing
Program 3f: Implementation of AB 2234 (Streamlining of Ministerial Permits) The Permit Streamlining Act (PSA) sets forth specific timeframes for cities to determine the completeness of discretionary applications, and to review those applications once deemed complete. AB 2234 (2022) amends the Planning and Zoning Law to incorporate similar PSA streamlining provisions by requiring cities to publish formal application checklists for postentitlement housing development permits, as well as examples of complete applications for specific types of housing developments; sets forth timelines to respond after the city receives an application by identifying any specific information from the published checklist that was missing from the application; and requires the City to complete its review of any complete application within 30 business days (for developments with 25 homes or fewer) or 60 days (for developments with more than 25 homes).
Objective: Streamline the development process for ministerial permits Responsible Party: Community Development
Funding Source: General Fund
Schedule: Completed as of January 2024.
Program 3g: Facilitate Residential Care Facilities/Group Homes To remove governmental constraints and facilitate special needs housing, the City will amend the Zoning Code to:
• Allow unlicensed residential care facilities and group homes independent of the number of residents (including six or fewer or seven or more residents) by-right in all residential zones (i.e., the RLD, RMD, RHD zones) subject to only the generally applicable, nondiscriminatory health, safety, and objective zoning standards that apply to all singlefamily residences to ensure approval certainty; • Allow State-licensed residential care facilities and group homes of seven or more persons by Conditional Use Permit in all residential zones (i.e., the RLD, RMD, RHD zones) subject to objective standards; and
2021-2029 Housing Element City of Seal Beach | 32
• Consolidate the definition of group homes and residential care facilities to simplify the permitting process.
Objective: Approve one residential care facility/group home during the planning period.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Make Zoning Code Amendments by December 2026.
Program 3h: Remove Minimum Unit Size Requirements
Residential districts currently require minimum unit sizes of 950 to 1,200 sq. ft (this does not apply to ADU or JADUs). In recognition of the need to promote higher densities and a range of housing types, the City proposes to eliminate or substantially reduce the minimum unit size in the Code Minimum allowable unit sizes would not be smaller than those allowed by State law (such as for efficiency dwelling units, codified at Health and Safety Code Section 17958.1). This change will occur as part of a broader Zoning Code update to implement various provisions of the Housing Element.
Objective: Reduce minimum unit size constraints to housing development, especially to promote affordable housing.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Ordinance adoption by October 2024
Program 3i: Update Findings for Housing Projects to Ensure Objectivity The City will update the findings that the Community Development Director must make in review of development permits for zoning conformance to ensure that the findings are only objective findings when they are applied to housing developments.
Objective: Review housing projects against objective approval findings.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Make Zoning Code Amendments by December 2026.
Program 3j: Reduce Parking Requirements for Studios and 1-Bedroom Units To facilitate housing, including the development of “affordable-by-design” units, the City will reduce its parking requirement for studios and one-bedroom units from 2 spaces to 1 space.
Objective: Encourage the development of studios and 1-bedroom housing units, which are affordable to lower-income and special needs groups.
33 | City of Seal Beach 2021-2029 Housing Element
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Make Zoning Code Amendments by December 2026.
Program 3k: Remove Conditional Use Permit Requirements for Single-Room Occupancy Units
In 2013, the Zoning Code was amended to allow Single-Residences (SROs) subject to a Conditional Use Permit (CUP) in the RHD zone. The City will update the Zoning Code to remove the CUP requirement for SROs in the RHD Zone and allow SROs as permitted by-right uses.
Objective: Allow SROs as uses allowed by-right in the RHD Zone.
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Make Zoning Code Amendments by December 2026.
Goal 4: Maintain and enhance the quality of residential neighborhoods in Seal Beach.
Policies
Policy 4a
Encourage the maintenance and rehabilitation of existing owner-occupied and rental housing where feasible.
Policy 4b
Promote the replacement of any substandard units that cannot be rehabilitated.
Policy 4c
Investigate and pursue programs and funding sources available to assist in the improvement of residential property.
Policy 4d
Encourage the continued affordability of housing units rehabilitated with public funds.
Policy 4e
Discourage the conversion of existing apartment units to condominiums where such conversion will diminish the supply of housing affordable to low- and moderate-income households. 2021-2029 Housing Element City of Seal Beach | 34
Policy 4f
Promote the conservation and rehabilitation of older neighborhoods, preventing the encroachment of incompatible commercial or industrial uses into established neighborhoods.
Policy 4g
Assist residents, wherever possible, in securing decent, safe and adequate housing.
Policy 4h
Promote a safe, healthful, aesthetically pleasing environment that strengthens individual and family life.
Policy 4i
Preserve and enhance viable residential neighborhoods and strengthen neighborhood identity.
Policy 4j
Upgrade and improve community facilities and municipal services in keeping with community needs.
Policy 4k
Encourage the use of innovative land use techniques and construction methods to minimize housing costs without compromising basic health, safety, and aesthetic conditions.
Policy 4l
Periodically reexamine local building and zoning codes for possible amendments to reduce construction costs and processing times without sacrificing basic health and safety considerations.
Programs
Program 4a: Condominium Conversion
As a means to preserve the affordable housing stock, Chapter 11.4.80 of the Seal Beach Municipal Code regulates procedures for the conversion of existing apartment complexes to condominium ownerships, including protections for tenant rights.
Objective: Reduce impacts to lower income households in the event of a condominium conversion project.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Ongoing
35 | City of Seal Beach 2021-2029 Housing Element
Program 4b: Housing Conditions Monitoring
Overall, the housing stock in Seal Beach is well-maintained. However, the beach area contains scattered housing units with deferred maintenance issues. The City has targeted the beach area for housing condition monitoring. Periodically, the City’s code enforcement and building officials survey the area to identify properties requiring maintenance or repair. The most recent windshield survey conducted by City staff in late 2022 identified 44 units in potential need of maintenance. If Code violations or other significant problems are found to exist, the City will contact property owners to seek corrective actions.
Objective: Maintain attractive residential stock to encourage future housing that is also safe and healthy for a range of income levels
Responsible Party: Community Development
Funding Source: General Fund
Schedule: Annual windshield survey and outreach to owners of affected properties.
Program 4c: Provide Home Renovation Assistance to Lower Income Households through Community Development Block Grants
Through the CDBG program, the City assisted 1,290 lower-income households in the Leisure World community to update bathroom facilities to allow for aging in place. Total expenditures from July 2005 through December 2021 were $2,897,989. Leisure World homeownership is substantially more affordable than in other areas of the city due to the age restrictions in place.
This program has helped to keep lower-income residents in a more affordable housing environment with services that support aging households.
The City will continue to work with the County of Orange to obtain CDBG or other grant funding resources to assist lower-income households, including those outside the Leisure World neighborhood when available
Objective: Assist 40 income-qualified households with improvements that support their ability to remain in their housing units.
Responsible Party: Community Development, County of Orange Funding Source: CDBG or other grant funding as may be available from time to time Schedule: Ongoing, with renewals of funding on a three-year basis, subject to modifications by the County of Orange.
2021-2029 Housing Element City of Seal Beach | 36
Goal 5: Affirmatively further fair housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status.
Policies
Policy 5a
Promote fair housing practices throughout the community.
Policy 5b
Encourage the development of housing that meets the special needs of disabled and elderly households.
Policy 5c
Promote the provision of housing to meet the needs of families and households of all sizes.
Programs
Program 5a: Fair Housing Resources
The City enforces the Fair Housing Act within its jurisdiction. To achieve fair housing goals, the City participates in Orange County’s contract with the Fair Housing Council of Orange County (FHCOC) to provide fair housing and tenant landlord counseling services. FHCOC is contracted to perform fair housing audits and to investigate fair housing complaints. The City will strengthen its relationship with FHCOC better understand fair housing complaints and to ensure residents and landlords understand their rights and available resources.
Objective: Provide free Fair Housing education and counseling services through the following actions:
• Continue to refer fair housing inquiries to FHCOC
• Continue to support FHCOC to provide community education by sponsoring annual workshops for tenants and landlords
• Provide informational brochures at City Hall and other public facilities and include fair housing information on its website
• Meet annually with FHCOC staff to track fair housing issues and identify patterns in the City; identify appropriate actions to address patterns
Responsible Party: Community Development, City Council, County of Orange Funding Source: CDBG
Schedule: Ongoing
37 | City of Seal Beach 2021-2029 Housing Element
Program 5b: Housing Information and Referral Services
The Orange County Housing Authority provides housing information and referral services for persons seeking affordable rental and homeownership opportunities. The City will work collaboratively with OCHA to update and distribute information on services and will post relevant information on the City’s website.
Objective: Refer at least 5 households annually to OCHA to provide information on affordable housing availability.
Responsible Party: Community Development, OCHA staff
Funding Source: General Fund
Schedule: Ongoing
Program 5c: Promote Housing Choice Vouchers to Landlords The City will conduct outreach to owners/managers of rental properties in Seal Beach to encourage participation in the Housing Choice Voucher Program. Once a list of properties registered with the County has been assembled, the City will coordinate with the OCHA about using the mobility counseling program. The mobility program identifies options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.
Objective: Conduct outreach to 10 owners/managers of rental properties in Seal Beach to provide information on affordable housing availability; expand the number of Housing Choice Vouchers used in the City by two in the planning period.
Responsible Party: Community Development, OCHA staff
Funding Source: General Fund
Schedule: Outreach to landlords by March 2025
Program 5d: Regional Collaboration to Affirmatively Further Fair Housing As a part of the five-year Consolidated Plan cycle, an Analysis of Impediments (AI) to Fair Housing Choice1 was created for the Orange County region, with the County of Orange participating on behalf of the Urban County funding structure for federal CDBG and HOME funds. The AI identified several potential strategies to affirmatively further fair housing. Community Development staff will work with County staff on a quarterly basis to discuss program development and implementation 1 Orange County Analysis of Impediments to Fair Housing Choice, Prepared by the Orange County Jurisdictions and the Lawyers’ Committee for Civil Rights Under Law, May 19, 2020. 2021-2029 Housing Element City of Seal Beach | 38
options to affirmatively further fair housing, based on the findings of the AI. The City will also implement relevant recommendations from the AI.
Seal Beach will amend its Zoning Code to provide more sites for higher density housing (particularly see Program 1b above, zoning amendment date targeted for April 2025); promote density bonuses to include affordable units in new developments; and implement state housing regulations. The City will also promote the development of ADUs (Programs 1h, 1i, and 1j) Objective: Support regional strategies to affirmatively further fair housing Responsible Party: Community Development, OCHA staff
Funding Source: General Fund
Schedule: See relevant programs referred to above.
Program 5e: Reasonable Accommodation Provisions
A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to use and enjoy a dwelling. The City will review and revise its Reasonable Accommodation process and findings to be consistent with State and federal fair housing requirements. The City will continue to process requests for reasonable accommodation at no charge to the applicant.
Objective: Reduce barriers for disabled persons
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Amendment to be completed as part of broader Zoning Code update scheduled for completion in October 2024
Program 5f: Preparation of an Environmental Justice Element The City will undertake preparation of an Environmental Justice Element for the General Plan following a finding of substantial compliance for the Housing Element, which will provide additional support for affirmatively furthering fair housing by considering air quality, access to facilities, safe and sanitary housing, and crime prevention.
Objective: Reduce and address constraints that may hinder fair housing Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Planned completion in April 2025.
39 | City of Seal Beach 2021-2029 Housing Element
Program 5g: Accessible Housing
Require a portion of extremely-low- to moderate-income housing units (both publicly and privately sponsored) to be physically accessible or adaptable to persons with disabilities.
Objective: Reduce barriers for disabled persons
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Requirement to be established as part of broader Zoning Code update scheduled for completion in October 2024
Program 5h: Fair Housing Task Force
The City will create a Fair Housing Task Force to engage in outreach with lower-income and special needs households or their representatives (e.g., school district employees, Council or Commission representation, local non-profits, and/or local religious leaders). The Fair Housing Task Force will work together to determine and address fair housing issues in the City on a quarterly basis.
Objective: Determine and address fair housing issues on a routine basis. The City will accomplish the following actions:
• City staff will coordinate with the County Planning Department regarding impacts on Rossmoor and continued outreach efforts.
• Solicit feedback through a citywide feedback form focused on fair housing issues. • Host four community workshops between 2025 and 2026 on fair housing issues led by the Fair Housing Task Force.
• Provide translation services when needed.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: August 2024: Identify Task Force members. December 2024: Host first meeting with Task Force and City staff to determine Task Force mission and priorities and determine meeting schedule for 2025-2026.
Program 5i: Affordable Housing Benefits Campaign
The City will conduct outreach to educate the community about affordable housing and its benefits to the community, including providing housing affordable to important public servants, such as teachers, police officers, firefighters, and their families. This would include multi-lingual educational flyers about affordable housing projects in Seal Beach and/or the surrounding region.
Objective: Educate and inform members of the public on the benefits of affordable housing projects.
2021-2029 Housing Element City of Seal Beach | 40
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Prepare outreach materials by September 2024 and distribute throughout the planning period biannually.
Program 5j: Fair Housing Mobility Program
Housing mobility means a greater range of housing options to improve one’s housing, including housing unit size, location, access to opportunities, and amenities. To improve housing mobility and new housing choices in areas throughout the City, the City will employ a suite of actions to be targeted in highest resource areas and single-family neighborhoods throughout the City, including targeting education, funding, program resources, and outreach with an overall goal of expanding housing mobility and opportunities affordable to extremely low, very low, low, and moderate income households. Actions and land use strategies to expand and diversify housing stock in Seal Beach include:
• Adopt a new mixed-use zone that meets state requirements for RHNA site designation to address constraints on the development of housing for a variety of income levels.
Currently, the City’s mixed-use designation (Limited Commercial/Residential Medium Density or LC/RMD) does not have a high enough density minimum to meet State law requirements for lower-income housing. The City is creating a mixed-use district (that allows higher density and will create incentives to encourage development of units affordable to moderate and lower-income households, as well as modifications to reduce or eliminate minimum unit sizes to create the most viable development opportunities.
Make information on available incentives and concessions readily available, and evaluate their efficacy on a regular basis. (See Program 1b).
• Offer incentives and concessions (e.g., expedited processing, administrative assistance with applications for funding assistance) to enhance the feasibility of affordable housing development. The City will also update its website to include available affordable housing resources and incentives for potential developers. Additionally, the City will evaluate the effectiveness of affordable housing incentives and concessions on an annual basis with empirical data (development of units) and anecdotal discussions with developers. (See Program 1c).
• Eliminate or substantially reduce the minimum unit size in the Code to promote higher densities and a range of housing types, as well as housing mobility and access to areas of opportunity (Program 3h).
• Reduce parking requirements for studios and 1-bedroom units to promote the creation of small unit sizes affordable to lower income groups (Program 3j). • Remove conditional use permit requirement for single room occupancy units (Program 3k) Create a Fair Housing Task Force to engage in outreach with lower-income households, special needs households, and community representatives (e.g., school district 41 | City of Seal Beach 2021-2029 Housing Element
employees, Council or Commission representation, local non-profits, and/or local religious leaders). The Fair Housing Task Force will work together to determine and address fair housing issues in the City on a quarterly basis. (See Program 5h).
Objective: Implement a suite of housing mobility and incentive programs to increase the availability of a variety of housing types throughout Seal Beach, with a combined quantified objective of 1,243 new units.
Responsible Party: Community Development
Funding Source: General Found
Timeframe: See respective programs for program timelines. Annually review progress and effectiveness as part of Annual Progress Report (APR).
Program 5k: Affordable Housing Affirmative Fair Marketing Plan The City will require developers of affordable housing projects or projects with affordable units to implement an Affirmative Fair Marketing Plan to outreach to a diverse population, extending outreach to nearby communities in Orange County, especially to workers in the City who do not live in the City. These affirmative marketing materials will include contact information for housing service providers and non-profit housing organizations that serve lower-income tenants in the surrounding region. Also see Program 2.C for additional affordable housing resources.
Objective: Inform lower-income persons who work in Seal Beach but live outside of the City of affordable housing opportunities. Reach 10 lower-income persons per affordable housing development.
Responsible Party: Community Development, Planning Commission, City Council Funding Source: General Fund
Schedule: Require an Affirmative Fair Marketing Plan on an affordable project-by-project basis. 2021-2029 Housing Element City of Seal Beach | 42
Goal 6: Encourage more efficient energy use in residential developments.
Policies
Policy 6a
Promote energy conservation through “green building” techniques that reduce water consumption, improve energy efficiency and lessen a building’s overall environmental impact.
Policy 6b
Promote “smart growth” principles by encouraging compact development in locations that provide opportunities for reduced vehicle trips.
Programs
Program 6a: Green Building Techniques
“Green buildings” are structures that are designed, renovated, re-used or operated in a manner that enhances resource efficiency and sustainability. These structures reduce water consumption, improve energy efficiency and lessen a building’s overall environmental impact. The City’s Community Development Department will distribute a Green Building Tips handout for both homeowners and builders and post this information on its website.
Objective: Increase energy efficiency in housing units to reduce overall operating costs Responsible Party: Community Development
Funding Source: General Fund
Schedule: Ongoing
Program 6b: Housing Rehabilitation Program
As part of the City’s program to assist households in renovating bathrooms to allow aging in place (Program 4c), the City will provide recipients with information regarding the use of energy green materials and energy/water conserving measures in home improvements.
Objective: Increase energy efficiency in housing units to reduce overall operating costs Responsible Party: Community Development
Funding Source: General Fund
Schedule: Create information by December 2023; implementation ongoing 43 | City of Seal Beach 2021-2029 Housing Element
Program 6c: Promote Smart Growth
The City will continue to promote “smart growth” principles by encouraging compact development commensurate with the City’s regional housing need in locations that provide opportunities for reduced vehicle trips concurrent with Program 1a.
Objective: Reduce reliance on vehicle travel where possible to foster healthier neighborhoods.
Responsible Party: Community Development, Public Works
Funding Source: General Fund
Schedule: Smart Growth principles will be incorporated into the Zoning Code update to be completed in October 2024 with ongoing evaluation. The introduction of residential uses to existing commercial sites is one example of the strategies to be included in the code update.
4.C Quantified Objectives
The City’s quantified objectives for new construction, rehabilitation and conservation are presented in Table 2.
Table 2: Quantified Objectives 2021-2029
Program Category
Income Category
Extremely
Low
Very
Low Low Moderate
Above
Moderate Totals
New Construction 129 129 201 239 545 1,243
Rehabilitation 40 220 - 246
Conservation1 25 75 100
1. Preservation of units in Seal Beach Shores Trailer Park Housing Needs Assessment City of Seal Beach | A-1
Appendix A:Housing Needs Assessment
Contents
Appendix A: Housing Needs Assessment.................................................1 Section A.1 Introduction and Summary ...................................................................................2 A.1.1 Introduction..........................................................................................................2 Section A.2 Population Characteristics ...................................................................................2 A.2.1 Population............................................................................................................2 A.2.2 Age and Gender ..................................................................................................2 A.2.3 Employment.........................................................................................................3 Section A.3 Household Characteristics ...................................................................................5 A.3.1 Household Size....................................................................................................5 A.3.2 Overcrowding.......................................................................................................5 A.3.3 Special Housing Needs........................................................................................6 Section A.4 Housing Stock Characteristics ...........................................................................13 A.4.1 Housing Type and Vacancy ...............................................................................14 A.4.2 Housing Tenure .................................................................................................15 A.4.3 Housing Constructed, Demolished or Converted within the Coastal Zone..........16 A.4.4 Housing Age and Condition ...............................................................................17 Section A.5 Housing Costs and Affordability .........................................................................18 A.5.1 Housing Affordability Criteria..............................................................................18 A.5.2 Ownership Costs................................................................................................19 A.5.3 Rental Costs ......................................................................................................20 A.5.4 Overpayment .....................................................................................................21 A.5.5 At-Risk Housing Assessment.............................................................................22 A-2 | City of Seal Beach Housing Needs Assessment
Section A.1 Introduction and Summary
A.1.1 Introduction
Meeting the various housing needs of residents is an important goal for Seal Beach. The first step to achieving this goal is understanding the housing needs in the community. This chapter explores the various demographic and housing characteristics in the City to help guide the development of policies and programs to address those needs.
The Housing Needs Assessment utilizes recent data from the U.S. Census2F, California Department of Finance (DOF), Southern California Association of Governments (SCAG) and other relevant sources. Supplemental data was obtained through field surveys.
Section A.2 Population Characteristics
A.2.1 Population
Seal Beach had an estimated population of 24,992 in 2020, including 239 living in group quarters according to the California Department of Finance. During the 20-year period from 2000 to 2020 Seal Beach had an annual growth rate of 0.2% compared to 0.7% for the region as a whole (see Table A-1).
Table A-1: Population Trends, 2000-2020, Seal Beach vs. SCAG Region A.2.2 Age and Gender
Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table A-2 shows the city’s estimated population by age group and gender. The share of the population under 18 years of age is about 13%, which is lower than the regional share of Housing Needs Assessment City of Seal Beach | A-3
23%. Seal Beach's seniors (65 and above) make up 39% of the population, which is higher than the regional share of 13%.
Table A-2: Age Distribution by Gender, Seal Beach
A.2.3 Employment
Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford.
Current Employment
Seal Beach has 10,005 workers living within its borders who work across 13 major industrial sectors. The chart below provides detailed employment information. The most prevalent industry is Education & Social Services with 2,671 employees (26.7% of total) and the second most prevalent industry is Professional Services with 1,452 employees (14.5% of total) (0).
Table A-3: Employment by Industry, Seal Beach
A-4 | City of Seal Beach Housing Needs Assessment
The most prevalent occupational category in Seal Beach is Management, in which 5,440 (54.4% of total) employees work. The second-most prevalent type of work is in Sales, which employs 2,535 (25.3% of total) in Seal Beach (0).
Table A-4: Employment by Occupation, Seal Beach vs. SCAG Region Housing Needs Assessment City of Seal Beach | A-5
Section A.3 Household Characteristics
A.3.1 Household Size
Household characteristics are important indicators of the type and size of housing needed in a city. The Census defines a “household” as all persons occupying a housing unit, which may include single persons living alone, families related through marriage or blood, or unrelated persons sharing a single unit. Persons in group quarters such as dormitories, military barracks, prisons, retirement or convalescent homes, or other group living situations are included in population totals but are not considered households.
0 illustrates the range of household sizes in Seal Beach for owners, renters, and overall. The most commonly occurring household size is of one person (45.1%) and the second-most commonly occurring household is of two people (35.4%). Seal Beach has a higher share of single-person households than the SCAG region overall (45.1% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (0.1% vs. 3.1%).
Table A-5: Household Size, Seal Beach
A.3.2 Overcrowding
Overcrowding is often closely related to household income and the cost of housing. The U.S.
Census Bureau considers a household to be overcrowded when there is more than one person per room, excluding bathrooms and kitchens, with severe overcrowding when there are more than
1.5 occupants per room. Table A-6 summarizes overcrowding for the City of Seal Beach compared to SCAG region as a whole. (Note: Severely overcrowded units are a subset of overcrowded units.)
A-6 | City of Seal Beach Housing Needs Assessment
Table A-6: Overcrowding, Seal Beach vs. SCAG Region
The incidence of overcrowding is very low in Seal Beach compared to regional averages.
The relatively high cost of housing in Seal Beach and throughout the region is considered to be the primary cause of overcrowding. Several programs in the Housing Action Plan (Section 4) designed to address housing affordability will also help to alleviate overcrowding. These programs include 1a (Provision of Adequate Sites), 1b (Mixed Commercial/Residential High Density Zone), 1c (Promote Available Incentives), 1h (Accessory Dwelling Units), 2b (Density Bonus Incentives and Information), 3a (Housing Choice Vouchers), and others.
A.3.3 Special Housing Needs
Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Such circumstances may be related to one’s employment and income, family characteristics, disability, or other conditions. As a result, some Seal Beach residents may experience a higher prevalence of overpayment, overcrowding, or other housing problems.
State Housing Element law defines “special needs” groups to include persons with disabilities (including developmental disabilities), the elderly, large households, female-headed households with children, homeless people, and farm workers. Many households within these special needs groups also fall within the extremely-low-income category. This section contains a discussion of the housing needs facing each of these groups.
Persons with Disabilities
The Americans with Disabilities Act (ADA) defines a disabled person as having a physical or mental impairment that substantially limits one or more major life activities. Disabled persons may have special housing needs as a result of their disability. Problems may include low income, high Housing Needs Assessment City of Seal Beach | A-7
health care costs, dependency on supportive services, or a need for special building accommodations such as access ramps or elevators.
0 A-7 and 0 show recent disability data for Seal Beach residents. The most common type of disability for all age groups as well as for seniors was ambulatory. Housing opportunities for those with disabilities can be improved through housing assistance programs and universal design features such as widened doorways, ramps, lowered countertops, single-level units and ground floor units. The City currently offers an assistance program for qualified Leisure World residents to upgrade bathroom facilities for mobility (Program 4c).
Table A-7: Disabilities by Type, Seal Beach
Table A-8: Disabilities for Seniors by Type, Seal Beach A-8 | City of Seal Beach Housing Needs Assessment
As seen in 0, nearly half of Seal Beach residents who reported a disability were employed.
Table A-9: Disabilities by Employment Status, Seal Beach Developmental Disabilities
As defined by federal law, “developmental disability” means a severe, chronic disability of an individual that:
• Is attributable to a mental or physical impairment or combination of mental and physical impairments;
• Is manifested before the individual attains age 22;
• Is likely to continue indefinitely;
• Results in substantial functional limitations in three or more of the following areas of major life activity: a) self-care; b) receptive and expressive language; c) learning; d) mobility; e) self-direction; f) capacity for independent living; or g) economic self-sufficiency; • Reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
The Census does not record developmental disabilities. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.
Housing Needs Assessment City of Seal Beach | A-9
The State Department of Developmental Services (DDS) currently provides community-based services to persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The Regional Center of Orange County (RCOC) is one of 21 regional centers in the State of California that provides point of entry to services for people with developmental disabilities. The RCOC is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families. DDS data regarding developmental disabilities for Seal Beach residents are shown in 0.
Table A-10: Developmental Disabilities for Seal Beach Residents CA DDS consumer count by CA ZIP, age group and residence type for the end of June 2019.
Data available in 161/197 SCAG jurisdictions.
Any resident of Orange County who has a developmental disability that originated before age 18 is eligible for services. Services are offered to people with developmental disabilities based on Individual Program Plans and may include: Adult day programs; advocacy; assessment/consultation; behavior management programs; diagnosis and evaluation; independent living services; infant development programs; information and referrals; mobility training; prenatal diagnosis; residential care; respite care; physical and occupational therapy; transportation; consumer, family vendor training; and vocational training. RCOC also coordinates the State-mandated Early Start program, which provides services for children under age three who have or are at substantial risk of having a developmental disability.
The mission of the Dayle McIntosh Center is to advance the empowerment, equality, integration and full participation of people with disabilities in the community. The Center is not a residential program, but instead promotes the full integration of disabled persons into the community. Dayle McIntosh Center is a consumer-driven organization serving all disabilities. Its staff and board are composed of over 50% of people with disabilities. Its two offices service over 500,000 people in Orange County and surrounding areas with disabilities.
A-10 | City of Seal Beach Housing Needs Assessment
In addition, City housing programs that respond to the needs of this population include 1d (Emergency Shelters, Low Barrier Navigation Centers and Transitional/Supportive Housing), 2b (Affordable Housing Resources), and 3a (Section 8 Rental Assistance).
Elderly
Seal Beach seniors age 65+ make up about 39% of the city’s population, which is significantly higher than the regional share of 13%. (0235H). The unusually high number of senior households in Seal Beach is in large part attributable to the presence of the Leisure World community. Recent Census data estimated that of Seal Beach's 7,250 senior households, 31% earn less than 30% of the surrounding area income, (compared to 24% in the SCAG region), and 53% earn less than 50% of the surrounding area income (compared to 31% in the SCAG region). Many elderly persons are dependent on fixed incomes and/or have a disability. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, accessory dwelling units on lots with existing homes, shared living arrangements, congregate housing, and housing assistance programs.
Table A-11: Elderly Households by Income and Tenure, Seal Beach The following programs described in the Housing Action Plan (Section 4) help to address the housing needs of the elderly: 1a (Provision of Adequate Sites), 1b (Mixed Commercial/Residential High Density Zone, 1h (Accessory Dwelling Units), 2a (Density Bonus), 2b (Density Bonus Incentives and Information), 3a (Housing Choice Voucher), 4c (Provide Assistance to Lower Income Households), 4d (Provide Fee Waivers for Reasonable Accommodation Applications) and 5b (Housing Information and Referral).
Large Households
Household size is an indicator of need for large units. Large households are defined as those with five or more members. Recent Census data estimated that the most commonly occurring household size in Seal Beach is one person (45.1%) compared to about 23% for the region as a Housing Needs Assessment City of Seal Beach | A-11
whole. Large households with 5+ persons represent only about 2% of Seal Beach households.
This distribution indicates that the need for large units with three or more bedrooms in Seal Beach is significantly less than for smaller units.
While large households are far less prevalent in Seal Beach than in some other cities, the following programs described in the Housing Action Plan (Section 4) help to address these needs:
1a (Provision of Adequate Sites), 1b (Mixed Commercial/Residential High Density Zone), 1h (Accessory Dwelling Units), 2a (Density Bonus), 2b (Affordable Housing Resources), 3a (Section 8 Rental Assistance), and 5b (Housing Information and Referral).
Female-Headed Households
Recent Census Bureau estimates (0A-12) reported that about 6% of Seal Beach households are female-headed (compared to 14% in the SCAG region), 2% are female-headed and with children (compared to 7% in the SCAG region), and none were female-headed and with children under 6 (compared to 1% in the SCAG region).
Table A-12: Female Headed Households, Seal Beach
According to recent Census estimates, about 2% of all Seal Beach households are experiencing poverty, compared to 8% for the SCAG region as a whole (0A-13). Poverty thresholds, as defined by the ACS, vary by household type.
A-12 | City of Seal Beach Housing Needs Assessment
Table A-13: Female Headed Households by Poverty Status, Seal Beach The following programs described in the Housing Action Plan (Section 4) help to address the housing needs of female-headed households: 1a (Provision of Adequate Sites), 1b (Mixed Commercial/Residential High Density Zone), 1h (Accessory Dwelling Units), 2a (Density Bonus), 2b (Density Bonus Incentives and Information), 3a (Housing Choice Voucher), and 5b (Housing Information and Referral).
Farm Workers
Farm workers are traditionally defined as persons whose primary income is from seasonal agricultural work. Historically, Orange County’s economy was linked to agriculture. While there are still active farming areas on the Irvine Ranch and in some other cities, shifts in the local economy to production and service-oriented sectors have significantly curtailed agricultural production within the county. Today, Orange County is a mostly developed urban/suburban region with a strong local economy. According to recent Census employment data there are no farmworkers living in Seal Beach.
Homeless Persons
Throughout the country, homelessness is a serious problem. Factors contributing to homelessness include: changes in federal funding and policies on service provision to those experiencing mental health issues; the general lack of housing solutions, particularly transitional housing, and permanent supportive housing; insufficient housing affordable to lower-income persons; an increasing number of persons whose incomes fall below the poverty level; ongoing substance abuse challenges; and significant limitations in access to health care, including mental health care.
The most recent County of Orange “Point-in-Time” survey of the homeless population for which data is available was conducted in January 2019. That survey estimated that there were approximately 6,860 homeless persons in Orange County, of which 2,899 were sheltered and Housing Needs Assessment City of Seal Beach | A-13
3,961 were unsheltered1. Of those, 8 unsheltered persons and no sheltered persons were reported in Seal Beach.
The city is located in the Central Service Planning Area, or SPA, with eight other cities located in central Orange County. There are three SPAs in Orange County, utilizing the premise that addressing homelessness is best approached on a regional basis. Shared resources in the Central SPA include the County’s Yale emergency shelter in Santa Ana, as well as a number of non-profits that provide homeless services within the area, including Human Options, Illumination Foundation, and Interval House. Interval House operates three stages of housing for victims of domestic violence in nearby Long Beach. Huntington Beach also operates an emergency shelter.
In addition, Seal Beach staff is actively partnered with the County of Orange to create a more innovative approach to addressing mental health and emergency housing needs through additional non-profit and regional partners with the hope of providing additional resources in the coming months.
State law requires that jurisdictions quantify the need for emergency shelter and determine whether existing facilities are adequate to serve the need. An emergency shelter is defined as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” If adequate existing facilities are not available, the law requires jurisdictions to identify areas where new facilities are permitted “by-right” (i.e., without requiring discretionary approval such as a use permit). A jurisdiction could also satisfy its shelter needs through a multi-jurisdictional agreement with up to two adjacent communities to develop at least one year-round shelter within two years of the beginning of the planning period. As noted in Appendix C the City allows emergency shelters in compliance with SB 2 (2007).
Section A.4 Housing Stock Characteristics
This section presents an evaluation of the characteristics of the community’s housing stock and helps in identifying and prioritizing needs. The factors evaluated include the number and type of housing units, recent growth trends, age and condition, tenure, vacancy, housing costs, affordability, and assisted affordable units at-risk of loss due to conversion to market-rate. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. 1 County of Orange, 2019 Point in Time Final Report, July 30, 2019 (http://ochmis.org/wpcontent/uploads/2019/08/2019-PIT-FINAL-REPORT-7.30.2019.pdf) A-14 | City of Seal Beach Housing Needs Assessment
A.4.1 Housing Type and Vacancy
04 provides information on the housing stock in Seal Beach. The most prevalent housing type in Seal Beach is multifamily, 5+ units with 7,012 units. The share of all single-family units in Seal Beach is 43%, which is lower than the 62% share in the SCAG region. The average household size (as expressed by the population to housing unit ratio) is 1.84. Both housing type and average household size are influenced by the Leisure World community, which has a high proportion of multi-family units and low average household size.
Table A-14: Housing by Type, Seal Beach vs. SCAG Region 0A-14 shows the types of vacant units in Seal Beach compared to the SCAG region. Over half of vacant units in Seal Beach were classified as “seasonal” indicating these units are likely to be second homes.
Table A-14: Vacant Units by Type, Seal Beach vs. SCAG Region Housing Needs Assessment City of Seal Beach | A-15
A.4.2 Housing Tenure
Housing tenure (owner vs. renter) is an important indicator of the housing market. Communities need an adequate supply of units available both for rent and for sale in order to accommodate a range of households with varying income, family size and composition, and lifestyle. 0 shows that over three-quarters of housing units in Seal Beach are owner-occupied compared to 53% for the region as a whole. Younger Seal Beach residents are more likely to be renters while those over age 45 are predominantly homeowners (06).
Table A-15: Household Tenure, Seal Beach vs. SCAG Region Table A-16: Household Tenure by Age, Seal Beach
A-16 | City of Seal Beach Housing Needs Assessment
A.4.3 Housing Constructed, Demolished or Converted within the Coastal Zone
California Government Code §65588(d) requires that the Housing Element update take into account any low- or moderate-income housing provided or required in the Coastal Zone pursuant to Section 65590 (the Mello Act2). State law requires that jurisdictions monitor the following:
• The number of new housing units approved for construction within the Coastal Zone (after January 1, 1982);
• The number of low- or moderate-income units required to be provided in new developments either within the Coastal Zone or within three miles of the Coastal Zone; • The number of existing housing units in properties with three or more units occupied by low- or moderate-income households that have been authorized for demolition or conversion since January 1, 1982; and
• The number of low- or moderate-income replacement units required within the Coastal Zone or within three miles of the Coastal Zone.
0A-17 provides these statistics for the Coastal Zone through 2021.
Table A-17: Coastal Zone Housing Units, Seal Beach
Category Units
Number of new units approved for construction in the Coastal Zone 1982 - 2021: 129
Number of new units for low- and moderate-income households required to be provided either within the coastal zone or within three miles of it:
0 Number of units occupied by low- and moderate-income households and authorized to be demolished or converted: 13
Number of units for low- and moderate-income households required either within the coastal zone or within three miles of it in order to replace those demolished or converted:
7 Source: City of Seal Beach, 2021
In order to receive a demolition or a conversion permit, the request must comply with the Mello Act. The City examines any Coastal Zone development that entails the demolition or conversion of residential units that are not categorically exempt from the California Environmental Quality Act (CEQA). A property that is determined to be a public nuisance or is an owner-occupied, singlefamily dwelling, is not examined in accordance with the Mello Act. All other types of projects are 2 The Mello Act in part requires replacement of affordable units demolished or converted within the coastal zone.
Housing Needs Assessment City of Seal Beach | A-17
evaluated. Program 1f (Replacement Housing) in the Housing Action Plan (Section 4) responds to the requirements of State law on this issue.
A.4.4 Housing Age and Condition
Housing age is often an important indicator of housing condition. Housing units built prior to 1978 before stringent limits on the amount of lead in paint were imposed may have interior or exterior building components coated with lead-based paint. Housing units built before 1970 are the most likely to need rehabilitation and to have lead-based paint in deteriorated condition. Lead-based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing. 0A-18 shows the age distribution of the housing stock in Seal Beach compared to the region as a whole. This table shows that about three-quarters of all housing units in Seal Beach were constructed prior to 1970. Even though the majority of homes are more than 50 years old, housing conditions are generally good to excellent, and very few homes are in need of any significant repair, based on staff observations. The City’s Code Enforcement activities focus on maintaining a high quality of life for residents and visitors. Most enforcement activities are complaint-driven, although ongoing monitoring occurs in the Seal Beach Shores Trailer Park. It is estimated that approximately 10 mobile homes in the park are in need of some form of rehabilitation. A windshield survey conducted by City staff in late 2022 identified 44 dwelling units in need of various levels of maintenance, from chipped paint to substandard roofs. Program 4b (Housing Conditions Monitoring) is intended to address these needs.
Table A-18: Age of Housing Stock, Seal Beach vs. SCAG Region A-18 | City of Seal Beach Housing Needs Assessment
Section A.5 Housing Costs and Affordability
A.5.1 Housing Affordability Criteria
State law establishes five income categories for purposes of housing programs based on the area (i.e., county) median income (“AMI”): extremely low (30% or less of AMI), very low (31-50% of AMI), low (51-80% of AMI), moderate (81-120% of AMI) and above moderate (over 120% of AMI).
Housing affordability is based on the relationship between household income and housing expenses. Each year the California Department of Housing and Community Development publishes income guidelines for these income categories. Housing is generally considered “affordable” if the monthly payment is no more than 30% of a household’s gross income. In some areas (such as Orange County), these income limits may be increased to adjust for high housing costs.
0 shows affordable rent levels and estimated affordable purchase prices for housing in Orange County by income category as of 2021. Based on State-adopted standards, the maximum affordable monthly rent (including utilities) for a 4-person extremely-low-income households is $1,009, while the maximum affordable rent for very-low-income households is $1,671. The maximum affordable rent for low-income households is $2,689, while the maximum for moderateincome households is $3,201. These figures are adjusted for smaller or larger households.
Affordable purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner association fees, property insurance rates, etc. With this caveat, the affordable home purchase prices by income category shown in 0 have been estimated based on typical conditions.
Affordable purchase prices have only been estimated for the moderate and above-moderate level because affordable for-sale housing in high-cost areas is generally not feasible at the lower income levels.
Table A-19: Income Categories and Affordable Housing Costs, 2021, Orange County Income Category Maximum Income Affordable Rent Affordable Price (est.) Extremely Low $40,350 $1,009 *
Very Low $67,250 $1,681 *
Low $107,550 $2,689 *
Moderate $128,050 $3,201 $500,000
Above moderate Over $128,050 Over $3,201 Over $500,000
Assumptions:
Based on a family of 4 and 2021 State income limits; 30% of gross income for rent or principal, interest, taxes & insurance; 5% down payment, 4% interest, 1.25% taxes & insurance, $350 HOA dues Notes:
*For-sale affordable housing is typically at the moderate-income level Source: Cal. HCD; JHD Planning LLC
Housing Needs Assessment City of Seal Beach | A-19
A.5.2 Ownership Costs
Between 2000 and 2018, median home sales prices in Seal Beach increased 151% while prices in the SCAG region increased 151%. Median home sales prices in Seal Beach in 2018 were $952,000, representing the highest prices as of that date. Prices in Seal Beach have ranged from a low of 141.8% of the SCAG region median in 2007 and a high of 232.7% in 2009 (0).
Table A-20: Median Home Sales Prices for Existing Homes, 2000-2018, Seal Beach vs. SCAG Region As seen in 0, the most common monthly mortgage cost for Seal Beach homeowners is over $4,000 as compared to $2,000 to $3,000 for the region as a whole.
Table A-21: Monthly Owner Costs for Mortgage Holders, Seal Beach vs. SCAG Region A-20 | City of Seal Beach Housing Needs Assessment
A.5.3 Rental Costs
As in most beach communities in Southern California, rents are relatively high compared to regional averages. According to 2015-2019 ACS estimates, the median rent in Seal Beach is approximately $1,907/month. Across Seal Beach's 2,996 renter households, 1,262 (42%) spend 30% or more of gross income on housing cost, compared to 55% in the SCAG region. Additionally, 561 renter households in Seal Beach (19%) spend 50% or more of gross income on housing cost, compared to 29% in the SCAG region (023H). As illustrated in 0, households with the lowest incomes typically spend the highest proportion of their incomes on rent.
Table A-22: Percentage of Income Spent on Rent, Seal Beach Table A-23: Rental Cost by Income Category, Seal Beach
Housing Needs Assessment City of Seal Beach | A-21
A.5.4 Overpayment
According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Table A-24 displays recent estimates for overpayment by tenure and income category for Seal Beach households. This table shows that households in the lower income categories are more likely to overpay for housing.
Although homeowners enjoy income and property tax deductions and other benefits that help to compensate for high housing costs, lower-income homeowners may need to defer maintenance or repairs due to limited funds, which can lead to deterioration. For lower-income renters, severe cost burden can require families to double up resulting in overcrowding and related problems.
Table A-24: Overpayment by Income Category, Seal Beach
The relatively high cost of housing in Seal Beach and throughout the region is the primary cause of overpayment. Several programs in the Housing Action Plan (Section 4) designed to address housing affordability will also help to address this issue. These programs include 1a (Provision of Adequate Sites), 1b (Mixed Commercial/Residential High Density Zone), 1h (Accessory Dwelling Units), 2b (Affordable Housing Resources), 3a (Housing Choice Vouchers), and others.
A-22 | City of Seal Beach Housing Needs Assessment
Extremely-Low-Income Households
State law requires quantification and analysis of existing and projected housing needs of extremely-low-income (ELI) households. Extremely-low-income is defined as households with income less than 30% of area median income. Housing the extremely-low-income population is especially challenging. HUD's CHAS dataset provides information on ELI households in Seal Beach (0). The race/ethnicity with the highest share of ELI households in Seal Beach is Asian and other, non-Hispanic (28.4% compared to 21.4% of total population). In the SCAG region, the highest share of ELI households is Black, non-Hispanic (27.1% compared to 17.7% of total households).
Table A-25: Extremely-Low-Income Households, Seal Beach A.5.5 At-Risk Housing Assessment
In 2000, the Seal Beach Redevelopment Agency helped to secure financing to allow conversion of the Seal Beach Shores Trailer Park to affordable tenant ownership. The Agency secured a $6.75 million low-interest loan and a $985,000 bridge loan for the project. All financial obligations of the former Redevelopment Agency have since been repaid. Under dissolution, the County of Orange became the Housing Successor, and manages the covenants for this development. The park includes 100 units (25 very-low- and 75 low-income). None of these units are at risk during the current period.
One other affordable housing project – Country Villa Seal Beach – is located in the city. According to the California Housing Partnership, this 90-unit project is assisted through Sections 232 and 223(f). Covenants are not scheduled to expire until 2035 and therefore the project is not at risk during this planning period. Country Villa is a group quarters living arrangement.
Sites Inventory and Methodology City of Seal Beach | B-1 Appendix B: Sites Inventory &
Methodology
Contents
Appendix B: Sites Inventory & Methodology .............................................1 Contents .....................................................................................................................................1 Section B.1 Introduction..........................................................................................................2 B.1.1 Overview and Purpose.........................................................................................2 B.1.2 Regional Housing Needs Allocation .....................................................................2 B.1.3 Data.....................................................................................................................3 Section B.2 Future Residential Development Potential ...........................................................3 B.2.1 Accessory Dwelling Units.....................................................................................3 B.2.2 Current Projects Pending Approval ......................................................................4 B.2.3 Assumptions ........................................................................................................5 B.2.4 Methodology ........................................................................................................8 B.2.5 Suitability of Nonvacant Sites.............................................................................10 Section B.3 Adequacy of Residential Sites in Meeting RHNA ...............................................17 B.3.1 Summary ...........................................................................................................17 B.3.2 Site Profiles........................................................................................................18 B.3.3 Housing Sites Map.............................................................................................28 B.3.4 Housing Sites Tables .........................................................................................29 B-2 | City of Seal Beach Sites Inventory and Methodology Section B.1 Introduction
B.1.1 Overview and Purpose
According to California Government Code §65580-65589, the housing element must include an inventory of adequate sites that are zoned and available within the planning period to meet the jurisdiction’s fair share of regional housing needs across all income levels. The sites inventory, in addition to projected accessory dwelling units (ADUs) and in process development projects, assists in determining if the jurisdiction has enough developable land to meet its Regional Housing Needs Allocation (RHNA), given its current regulatory framework and market conditions. This Appendix details the sites inventory and supporting analysis methodology and assumptions.
B.1.2 Regional Housing Needs Allocation
Jurisdictions must provide sufficient land to accommodate enough housing for all economic segments of the community. Compliance is determined by the jurisdiction’s ability to provide adequate development capacity through appropriate development regulations and land use policies. The number of new units that must be accommodated is established through each jurisdiction’s share of the region’s projected housing needs for the planning period. This share for each jurisdiction is called the Regional Housing Needs Allocation (RHNA).
Southern California Association of Governments (SCAG), a regional planning agency, is responsible for distributing the RHNA to each jurisdiction within its six-county region (including the County of Orange).1 The RHNA is distributed by income category. For the 2021-2029 Housing Element update, Seal Beach is allocated a RHNA of 1,243 units as follows:
• Very Low Income (less than 50 percent of AMI): 258 units (21 percent) • Low Income (50 to 80 percent of AMI): 201 units (16 percent) • Moderate Income (80 to 120 percent of AMI): 239 units (19 percent) • Above Moderate Income (greater than 120 percent of AMI): 545 units (44 percent) For this Housing Element planning period, October 15, 2021 through October 15, 2029, the City must ensure the availability of adequate residential sites to accommodate these units. This Appendix provides an overview of the methodology used to evaluate the adequacy of sites within 1 Southern California Association of Governments (SCAG) covers a six-county region, including Los Angeles, Orange, Riverside, San Bernardino, Ventura, and Imperial.
Sites Inventory and Methodology City of Seal Beach | B-3 Seal Beach and identifies such sites for future residential development to fulfill the City’s share of regional housing needs.
B.1.3 Data
The sites inventory analysis used data provided by the City, such as parcel data and building permit/entitlement information. The following is an overview of the data used:
• City and County-level parcel data, including General Plan land use designations, zoning information, and infrastructure availability
• ADU information
• Projects in the entitlement phase
• Prior housing element site inventories
• Annual Progress Reports to HCD during the 5th Cycle
• Zoning Code maximum density standards
• Google Earth aerial imagery
Section B.2 Future Residential Development Potential
B.2.1 Accessory Dwelling Units
State laws in effect since January 1, 2018, have eased the development standards and streamlined the approval process for Accessory Dwelling Units (ADUs). Table B-1 shows the number of building permits issued for ADUs in Seal Beach from 2019 through 2023.
Table B-1: Permitted ADUs – Building Permits Issued
Year Permitted ADUs
2019 1
2020 2
2021 0
2022 0
2023 3
Total 6
Annual Average 1.2
Source: HCD
B-4 | City of Seal Beach Sites Inventory and Methodology Over a 5-year period from 2019 through 2023, the City of Seal Beach issued an average of 1.2 ADU building permits per year. The City is estimating 1.2 ADUs to be produced each year, or 7.2 ADUs over the next six years (rounded to 7 ADUs), given recent historical trends and the length of the planning period (from October 15, 2021 to October 15, 2029).
The Housing Element incorporates feasible recommendations from this report to continue to incentivize ADU production to help meet the City’s RHNA (see Section 4 and below). Programs in the Housing Element to further incentivize ADU production include:
• Program 1h: Accessory Dwelling Units
• Program 1i: Accessory Dwelling Units Amnesty Program
• Program 1j: Accessory Dwelling Unit Monitoring Program SCAG conducted a regional ADU affordability analysis to provide local governments in the region with assumptions for ADU affordability that can be used to assign projected ADUs to income categories. The ADU affordability assumptions identified in the SCAG analysis were applied to ADUs projected over the planning period are listed in Table B-2.
Table B-2: Affordability per SCAG ADU Survey
Income Level Percent ADU Projections
Extremely Low 15% 1
Very Low 10% 1
Low 43% 3
Moderate 30% 2
Above Moderate 2% 1
Total 7
Source: SCAG, 2020
B.2.2 Current Projects Pending Approval
Because the RHNA projection period for the 2021-2029 Housing Element begins on June 30, 2021, housing developments that have already been proposed and are not expected to be issued a certificate of occupancy until July 1, 2021 or after, but are expected to be completed before the end of the planning period (October 15, 2029), can be credited toward the RHNA. Error! Reference source not found. lists the project that meet those criteria and can be credited toward the 6th Cycle RHNA.
Sites Inventory and Methodology City of Seal Beach | B-5 Table B-3: Current Projects Pending Approval
APN Project Name Status
Units by Income Level
Low Moderate Above
Moderate
Total Net
New1
130-012-55 Old Ranch Country
Club2
Submitted
Application 167 167
Total 167 167
1 No projects are located on parcels with existing residential units where the existing residential units will be demolished. 2 If approved, Old Ranch Country Club will include 116 family units and 51 senior units.
Source: City of Seal Beach
Approximately 4 acres of the 155-acre Old Ranch Country Club are proposed for housing. Existing uses at the Old Ranch Country Club include a clubhouse, golf course, and supporting amenities, most of which will remain. This housing development application includes specific plan and development agreement components, and an Environmental Impact Report is being prepared for this project.
B.2.3 Assumptions
Density and Realistic Capacity Assumptions
The City’s sites inventory relies primarily on the rezoning of existing commercial properties to a new zone that allows for high density residential, mixed-use developments under Program 1.b (Mixed Commercial/Residential High Density Zone). This new MC/RHD zone will allow residential development with a maximum density of up to 46 dwelling units per acre, and will require a minimum density of 40 dwelling units per acre. Sites in the City’s sites inventory that are being rezoned MC/RHD are conservatively assumed to develop at a capacity of 80 percent of maximum density (80 percent of 46 dwelling units per acre, or almost 37 dwelling units per acre), to account for inefficacies that can arise from parcel shape and orientation during the development process; there is no likelihood for 100 percent nonresidential (commercial) projects since 100 percent nonresidential will not be allowed in the MC/RHD zone, consistent with the zone’s intent to produce additional housing.
2 In terms of land use controls, through Program 1.b the City will 2 The declining trend of brick-and-mortar retail/commercial coupled with COVID-19 pandemic impacts (e.g., the increasing prevalence of working from home, decreases in demand for commercial real estate, etc.) and continued market demand for housing demonstrates that commercial uses as part of mixed-use developments will not impede residential development.
B-6 | City of Seal Beach Sites Inventory and Methodology create development standards in the MC/RHD zone that are conducive to achieving the maximum density of 46 dwelling units per acre.3
The City’s conservative realistic capacity assumption for sites to be rezoned MC/RHD (80 percent of the maximum density of 46 dwelling units per acre) is lower than the minimum density of 40 dwelling units per acre because that minimum density standard has not yet been adopted.
However, once the minimum density standard of 40 dwelling units per acre is adopted for the MC/RHD zoning district, the City will anticipate additional units than those projected in its sites inventory (however, this capacity is not counted in the sites inventory towards the City’s RHNA).
The City considers this conservative approach to give it an additional built-in “buffer” for the purposes of meeting its RHNA obligations during the 6th cycle and is committed to adopting minimum and maximum densities as described in this Housing Element.
Furthermore, realistic capacity assumptions have been significantly reduced to account for the anticipated development footprint 4. All of the sites to be rezoned MC/RHD anticipate that residential development will only occur on existing surface parking lots. Parcels with structures, or portions of structures have not been included as a part of these sites. Capacity at these sites is anticipated to be infill and no removal of existing commercial improvements are anticipated or included in the calculation of realistic capacity. See Sections B.2.5, B.3.2, and B.3.4 for more information.
As described in Section 3.2 below, the following sites5 will be rezoned MC/RHD under Program 1b:
• Site 4: Accurate Storage
• Site 5: The Shops at Rossmoor
• Site 6: Old Ranch Town Center
3 Furthermore, because the MC/RHD zone will be created through Program 1.b (and does not currently exist), it is not possible to analyze historic trends of 100 percent nonresidential use occurring on sites within this zone; however, the new MC/RHD zone will not allow 100 percent nonresidential use. All other sites in the sites inventory are identified at parcels zoned Limited Commercial/Residential Medium Density (LC/RMD), Residential High-Density, Planned Development Overlay District (RHD-PD), and Residential High-Density-33 (RHD-33). Of these, only the LC/RMD allows 100 percent nonresidential (i.e., commercial) uses. The City does not have a track record of 100 percent nonresidential uses developing in the LC/RMD district in the last 5 years, indicating that 100 percent nonresidential uses will not impede residential development in this zone. For reference, the only site in the LC/RMD zone is 1780 Pacific Coast Highway which has an assumed capacity of 4 moderate-income units (discounted from a maximum capacity of 5 units). 4 See Tables B-6 and B-7 for assumed capacity projections as a percentage of the maximum capacity that would be allowed.
5 These commercial sites are in fact each made up of several individual parcels whose realistic capacity is calculated on a parcel-by-parcel basis. None of the sites in the inventory rely on consolidation for the purposes of calculating assumed capacity or income levels.
Sites Inventory and Methodology City of Seal Beach | B-7 • Site 7: Seal Beach Plaza
• Site 8: Seal Beach Center
One other site, Site 9, located at 99 Marina Drive, will be rezoned under Program 1a (Provide Adequate Sites for Housing through updates to the General Plan and Zoning Code) to the City’s existing High Density Residential-33 zoning district, which allows a maximum density of 33 dwelling units per acre. The realistic capacity assumed at 99 Marina Drive was discounted to 70 percent of maximum density (i.e., 70 percent of 33 dwelling units per acre, or approximately 23 dwelling units per acre) to account for land use controls, although again, the City anticipates that the maximum allowable density of 33 dwelling units per acre will be achievable at this site.
Lastly, the City’s sites inventory includes two sites that do not necessitate rezoning for the production of housing, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2), which are also projected to accommodate an assumed capacity of 70 percent of maximum density to account for land use controls and the possibility of 100 nonresidential development. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21.8 dwelling units per acre, and the Leisure World RV lot is zoned Residential High Density/Planned Development, and has a maximum density of
32.2 dwelling units per acre. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory.
Affordability Assumptions
State law6 establishes a “default density” of 30 units per acre that is suitable for lower-income housing in communities with a population over 25,000, including Seal Beach. All lower-income sites in the sites inventory are consistent with this general affordability assumption7. However, State law provides that sites smaller than ½ acre, or larger than 10 acres, are not deemed adequate to accommodate lower-income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. All sites smaller than ½ acre have been allocated to the moderate or above moderateincome categories. See Sections B.3.2 and B.3.4 for additional information regarding the realistic capacities assumed for the sites inventory.
6 Government Code Sec. 65583.2(c)(3)
7 In some cases, however, even if the maximum allowable density at a particular site is 30 dwelling units per acre or greater, the City has identified particular sites as affordable to moderate or above moderate income households, as allowed by the California Department of Housing and Community Development. No sites with maximum densities under 30 dwelling units per acre have been identified for lower-income units.
B-8 | City of Seal Beach Sites Inventory and Methodology Density Bonus
Based on how existing financing applications for low-income housing tax credits, AHSC, and other funding sources are structured, affordable housing developments for lower-income households are most competitive to win funding when the project exceeds a jurisdiction’s base density and/or utilizes a density bonus. In the instance of 4% Low Income Housing Tax Credits, a new construction project must utilize a density bonus to even be eligible.
State law has been amended several times to allow density bonuses in exchange for the provision of affordable housing. Due to the high cost of land and construction, Seal Beach expects residential developers to take advantage of the density bonus provisions to include affordable units in new residential projects and improve fiscal feasibility of projects - also see Programs 2a (Streamline the Density Bonus Review Process) and 2b (Density Bonus Incentives and Information) for more information on how the City will be facilitating density bonus applications.
However, it is important to note that the City is not factoring in the possibility of additional units allowed by a density bonus in its realistic capacity nor affordability assumptions, nor to meet its RHNA obligations, although density bonus projects would of course help provide additional affordable housing. As shown in Table B-4, several housing development projects in the vicinity of Seal Beach have utilized density bonus provisions in recent years.
B.2.4 Methodology
Housing Site Inventory
Seal Beach is nearly built-out with almost no vacant developable land remaining. Therefore, the site inventory must rely primarily on non-vacant sites. The following pages detail the Housing Opportunity Sites that have potential for additional housing. The sites are broken into two categories: (a) underutilized sites that do not require zoning code changes summarized in Table B-6, and (b) sites where zoning modifications are proposed, summarized in Table B-7.
Where units could not be located at sites under present zoning, the City examined nonresidential areas where zoning amendments could facilitate residential development. A Housing Element Ad Hoc Committee was established and held two meetings to assist in identifying and evaluating potential sites for housing development. In addition, City staff contacted several property owners to assess interest in multi-family or mixed-use redevelopment.
To ensure sites selected for the site inventory do not have existing uses that are impediments to housing development, an analysis was conducted to select sites that are most likely to develop during the planning period. Development likelihood and feasibility was determined by a number of different variables, including improvement-to-land value ratio, existing lot coverage, lot size, future development potential, and existing uses, and by recent patterns and trends in the region (see table B-4 and Section B.2.5 for additional analysis on comparable patterns and trends). The City analyzed the most current parcel-level data across such variables to determine which sites were most appropriate for inclusion into the site inventory and to estimate the number of additional Sites Inventory and Methodology City of Seal Beach | B-9 units that are likely to be developed. Bearing in mind that most of the developable land within the city consists of established residential uses, most of these areas were eliminated from consideration, as land assembly in a single-family neighborhood was considered infeasible.
As discussed in Appendix C Constraints, infrastructure systems such as water, wastewater, drainage and dry utilities are in place, and there are no known limitations that would preclude the anticipated level of development at any candidate site. In some instances, infrastructure may need to be upgraded to provide additional capacity. As part of future Land Use Element amendments and zoning changes to ensure availability of adequate sites (Program 1a), CEQA analysis will be conducted to analyze potential environmental impacts associated with any potential future infrastructure projects.
Recent real estate development trends in coastal Orange and Los Angeles counties demonstrate the increasing market feasibility of multi-family and mixed-use redevelopment. In addition, research conducted by the University of California, Berkeley 8to identify potential infill development opportunities in California concluded that the ratio of improvement value to land value (I/L ratio) serves as an indicator of the likelihood of redevelopment. That study utilized an I/L ratio of less than 1.0 for commercial and multi-family residential properties, and the authors of that study noted that this methodology “…has a strong theoretical and empirical basis: urban parcels for which improvement values are less than land values are widely considered to be economically underutilized. Indeed, many, if not most, market-rate infill housing projects are currently built on refill sites.” The candidate sites listed in Table B-6 and B-7 were also reviewed by the Planning Commission and City Council at public hearings, as described in Appendix E, and property owners and other interested stakeholders had the opportunity to provide comments on sites that should be considered for additional residential development.
Airport Environs Land Use Plan (AELUP)
The Airport Environs Land Use Plan (AELUP) states that infill projects must comply with all applicable specific policies and development standards. As all opportunity sites comply with height restrictions, noise and safety standards, and are not within identified Accident Potential Zones (APZs) or Clear Zones (CZs), they all qualify as suitable sites.
In accordance with the Public Utilities Code (PUC) Section 21678, upon the adoption of an overrule action, the Housing Element shall not be subject to further Orange County Airport Land Use Commission (ALUC) review, unless the ALUC and the City both agree that individual projects shall be reviewed by the ALUC.
Additionally, pursuant to PUC Sections 21670 and 21676, serving as the final review authority, the City Council may, following a public hearing, overrule the ALUC by a two-thirds vote, provided 8 University of California, Berkeley Institute of Urban and Regional Development, The Future of Infill Housing in California: Opportunities, Potential, Feasibility and Demand, 2005 B-10 | City of Seal Beach Sites Inventory and Methodology that specific findings are made that a project is consistent with the objectives of PUC Section 21670 regarding the protection of the public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimizes the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.
The AELUP also sets forth noise, safety, and land use compatibility standards with the Joint Forces Training Base (JFTB) Los Alamitos. Concerning noise standards, AELUP Section 2.1.1 establishes the Community Noise Equivalent Level (CNEL) standards. One opportunity site, the Old Ranch Town Center, lies partially within the 60 dB CNEL contour for the JFTB Los Alamitos.
No sites are identified within the 65 dB CNEL. The Old Ranch Country Club site was formerly within the 60 dB CNEL contour for the JFTB Los Alamitos, but has been reclassified as a pipeline site. AELUP Section 3.2.4 requires residential uses to be developed with advanced insulation systems to limit interior sound to no more than 45 dB. The City’s General Plan Noise Element also currently requires interior sound attenuation to 45 dB. Additionally, in compliance with AELUP Section 2.1.2 (Safety) safety standards, no opportunity sites are located within CZs.
Furthermore, concerning land use compatibility adjacent to JTFB Los Alamitos and consistency with the AELUP, any infill projects must comply with all applicable specific policies. Specifically, projects with heights of 200 feet or higher above ground level fall within the AELUP due to their potential adverse aeronautical effect. None of the housing opportunity sites violate the AELUP height restrictions, are consistent with the noise and safety policies, and are not situated within any identified APZs or CZs.
Based on these findings, on August 19, 2022, after conducting a public hearing, the City Council determined by resolution that the Housing Element is consistent with the noise, safety, and height standards, as well as the purposes and intent of the AELUP. Consequently, the Council overruled the ALUC’s determination that the Housing Element is inconsistent with the AELUP. As determined by the City Council then, all of the housing sites are consistent with the AELUP.
B.2.5 Suitability of Nonvacant Sites
Sites for Housing Development
Due to a lack of vacant land, the majority of the Seal Beach opportunity sites are in use to some degree. As will be described in more detail however, the sites are underutilized, and the opportunities to intensify and/or diversify the uses are feasible and make sense within the greater market area. While Seal Beach itself has experienced intensifications of site use, complete site redevelopment has been minimal. Nevertheless, several regional examples of redevelopment are readily available and Seal Beach is subject to the same market forces that bring such projects to fruition. Some examples of new housing developments in the region, including neighboring cities such as Long Beach and other cities in Orange County, follow in Table B-4.
Sites Inventory and Methodology City of Seal Beach | B-11 Table B-4: Comparable Residential/Mixed-Use Redevelopment Projects in Neighboring Long Beach and Orange County Cities Project Address
Site
Size
(ac)
City Previous /
Existing Use
Built
Height
Final
Unit
Count
Number of
Affordable
Units
By-Right Density
(du/ac)
Density
Bonus? Status
Built or
Propos
ed
Density
(du/ac)
% of
Max
Density
Newport
Village
Mixed-Use
2000 – 2244
and 2001-
2241 West
Coast
Highway
9.4 Newport Beach
Retail, marine
related
commercial, boat
rental, service
uses, office, and
surface parking
lots
3 stories 198 9 26.71 Yes
EIR Scoping
Meeting October
2023
21.06 79%
Onni Marina
Shores
6500 Pacific
Coast
Highway
6.17 Long Beach
Multi-tenant strip
mall (fast casual
food, grocery
store, gym,
chiropractor, dry
cleaners,
restaurants,
grocery store,
pet store, salon)
and surface
parking
5 stories 600 0
Calculated by
Southeast Area
Specific Plan Trip
Allocation for
Mixed-Use
Designations
No
Approved by
Planning
Commission
July 2023
97.24 N/A
6700 PCH
6700 Pacific
Coast
Highway
2.61 Long Beach
Office building
(bank, finance
offices) with
underground and
surface parking
6 stories 281 13
Calculated by
Southeast Area
Specific Plan Trip
Allocation for
Mixed-Use
Designations
Yes
Approved by
Planning
Commission
April 2023
107.66 N/A
6615 PCH
6615 E
Pacific Coast
Highway
3.75 Long Beach
Office building
(chiropractor’s
office,
accounting
office, real estate
offices, etc.) and
surface parking
6 stories 380 17
Calculated by
Southeast Area
Specific Plan Trip
Allocation for
Mixed-Use
Designations
Yes
Approved by City
Council
September 2023
104.00 N/A
Westminster
Mall
Redevelopm
ent
1025
Westminster
Mall,
Westminster
100 Westminster
Shopping mall
and surface
parking
3 – 10
stories 3,000 300
Calculated by
Westminster Mall
Specific Plan Trip
Budget
No
Specific Plan
adopted
December 2022;
Development
Applications in
Process
30 N/A
MainPlace
Mall
Transformati
on
2800 North
Main Street,
Santa Ana
49 Santa Ana
Shopping mall
and surface
parking
10-20
stories 1,900
TBD,
consistent
with
Housing
39 No
Specific Plan
adopted June
2019; under
construction
39 100%
B-12 | City of Seal Beach Sites Inventory and Methodology Table B-4: Comparable Residential/Mixed-Use Redevelopment Projects in Neighboring Long Beach and Orange County Cities Project Address
Site
Size
(ac)
City Previous /
Existing Use
Built
Height
Final
Unit
Count
Number of
Affordable
Units
By-Right Density
(du/ac)
Density
Bonus? Status
Built or
Propos
ed
Density
(du/ac)
% of
Max
Density
Opportunity
Ordinance
Long Beach
Senior
Village
901-941 E
Pacific Coast
Highway
0.63 Long Beach
Car/boat
mechanic’s
shop,
autobody/paint
shop, and
surface parking
4 stories 68 67 44.68 Yes Built 2023 107.94 242%
26 Point 2
3590 E
Pacific Coast
Highway
1.14 Long Beach
Commercial
buildings with
offices (salon;
real estate,
property
management,
appraisal service
offices;
insurance
offices; dental
office) and
surface parking
5 stories 77 76 44.68 Yes Built 2024 67.72 152%
The Cove 2121 W
Williams St 0.87 Long Beach Residential 4 stories 90 89 1,380 total units
allowed in the
Century Villages
at Cabrillo
Specific Plan
No Built 2023 104 N/A
Sites Inventory and Methodology City of Seal Beach | B-13 The City has several functioning retail centers serving local and regional customers, but adding residential uses to these commercial centers could be financially beneficial. As described in Section B.2.3, the City is developing a mixed-use zone to apply to these sites that will allow highdensity residential uses that will include a maximum density of 46 dwelling units per acre and minimum density of 40 dwelling units per acre (Program 1b). While many of the residential/mixeduse projects described above are developing at densities approaching or in excess of 100 dwelling units per acre, indicating tremendous demand for housing in Seal Beach and its vicinity, two of the projects described above have allowable densities in the range allowed by the new Mixed Commercial/Residential High Density zoning district proposed in Program 1b: Heritage Gardens (Long Beach Senior Housing) and the 26 Point 2 project, which have allowable densities of 44.68 dwelling units per acre. Both of these projects have been developed at nonvacant sites.
These projects demonstrate that the density range proposed for the new Mixed Commercial/Residential High Density is consistent with other allowable densities that are currently producing housing. Development standards and land use controls, including heights, setbacks, parking ratios, etc. will be created as part of Program 2.b that ensure that the maximum density of 46 dwelling units per acre can be achieved.
Furthermore, all of the commercial sites being rezoned to Mixed Commercial/High Density Residential are proposed as infill development on parking lots, and do not require existing commercial uses to cease or discontinue. The sites in the inventory being rezoned to the Mixed Commercial/High Residential zone9that have existing commercial uses, shopping centers, and large surface parking lots are:
• Site 4: Accurate Storage: Indoor and outdoor storage facility with surface parking10 • Site 5: The Shops at Rossmoor: Multi-tenant strip mall with surface parking • Site 6: Old Ranch Town Center: Multi-tenant strip mall with surface parking • Site 7: Seal Beach Plaza: Multi-tenant strip mall with surface parking • Site 8: Seal Beach Center: Multi-tenant strip mall with surface parking The existing uses and parcel sizes for comparable redevelopment projects in Table B-4 correspond to the existing uses in the sites inventory identified above (also see Tables B-6 and 9 The only site in the sites inventory that will be rezoned to a zone other than the Mixed Commercial/High Density Residential zone is 99 Marina, which is a vacant site.
10 In addition to a low Improvement-to-Land Value ratio of 0.54 (see Section B.2.4 for a description of the methodology used for selecting sites and projecting realistic capacity), the property owner has indicated interest in redevelopment of this property for housing.
B-14 | City of Seal Beach Sites Inventory and Methodology B-7), providing support for the likelihood of redevelopment and demonstrating that the existing uses at these commercial sites in the sites inventory are not impediments to housing redevelopment. For example, Table B-4 identifies that previous/existing uses for comparable redevelopment projects include:
• Westminster Mall Redevelopment and Santa Ana Main Place Mall Transformation:
Shopping mall, including big box stores, and surface parking • Onni Marina Shores: Multi-tenant strip mall (fast casual food, grocery store, gym, chiropractor, dry cleaners, restaurants, grocery store, pet store, salon) and surface parking
• 26 Point 2: Commercial buildings with offices (salon; real estate, property management, appraisal service offices; insurance offices; dental office) and surface parking • 6615 Pacific Coast Highway: Office building (chiropractor’s office, accounting office, real estate offices, etc.) and surface parking
• 6700 Pacific Coast Highway: Office building (bank, finance offices) with underground and surface parking
• Long Beach Senior Village: Car/boat mechanic’s shop, autobody/paint shop, and surface parking
• Newport Village Mixed-Use: Retail, marine related commercial, boat rental, service uses, office, and surface parking
Moreover, the project site sizes identified in Table B-4 for comparable redevelopment projects are similar to those in the sites inventory, lending further support to the likelihood of redevelopment.
The project sites in Table B-4 range from 0.63 to 9.4 acres11 whereas project sites in the sites inventory range from 0.25 to 11.97 acres.
12 In addition, the two sites in the inventory that do not necessitate rezoning, 1780 Pacific Coast Highway (Site 1) and the Leisure World RV parking lot (Site 2) are in zoning districts that allow similar densities to those in the region where housing is being developed. 1780 Pacific Coast Highway is zoned Limited Commercial/Residential Medium Density, which allows a maximum density of 21.8 dwelling units per acre, and the Leisure World RV lot is zoned Residential High Density/Planned Development, and has a maximum density of
32.2 dwelling units per acre.
11 Except for the very large mall redevelopment sites in Westminster and Santa Ana, which were included to demonstrate additional redevelopment of commercial sites with large parking lots. 12 See Tables B-6 and B-7, as well as the Site Profiles in Section B.3.2. The infill parking lot area on which the City projects housing capacity for the Shops at Rossmoor is 11.97 acres.
Sites Inventory and Methodology City of Seal Beach | B-15 Viable projects in nearby Cypress (Lincoln West Apartments – maximum 30 dwelling units per acre) and Newport Beach (Newport Village Mixed-Use – maximum 26.7 dwelling units per acre) demonstrate that housing is being built in nearby jurisdictions at the densities allowed at these sites that do not require rezoning. Therefore, it can be reasonably concluded that these sites are of a sufficient size and allow sufficient density to produce the housing assumed in Tables B-6 and B-7. Also see the Site Profiles in Section B.3.2 for more information.
Sites for Rezoning and Suitability of Nonvacant Sites
Many cities have observed the deterioration of retail centers for a variety of reasons. In Seal Beach, the primary retail centers remain largely viable uses; however, there are few outdated structures and underutilized parcels where uses could be intensified through infill or partial redevelopment. The success of these centers and their overall appearance contribute to the possibility that residential uses could also be successful on these sites. These sites are generally located along Seal Beach Boulevard or Pacific Coast Highway and enjoy good access to transit, services, and amenities. Therefore, the City is proposing to allow these retail sites to be developed with higher density residential uses through a new high density residential mixed-use zoning district (see Program 1.b: Mixed Commercial/Residential High Density Zone). Given the current operation of the retail centers, the City has assumed that each commercial site in the inventory would be developed with residential infill uses on existing parking lots.
Based on land use patterns in the City, parcels with the following characteristics were included in the inventory:
• Retail centers with large, paved surface parking lots that provide opportunity for infill development;
• Underutilized sites that could wholly or partially redevelop with residential uses.
The resultant parcels were reviewed based on an additional set of factors:
• General characteristics, such as low existing Floor Area Ratio (FAR), and COVIDimpacted uses, among others; • Expressed interest from property owners or developers; • Applications filed for new residential development.
To further encourage and facilitate the development of affordable units for low- and very lowincome households, the City will adopt a menu of development incentive opportunities, including:
streamlined processing, density bonus incentives, deferred impact fees, and reductions in development and parking standards, as indicated in the Housing Action Plan (Section 4). Funding for potential regulatory and financial incentives will be prioritized to encourage housing for extremely low- and very low-income households. Although rare, developers have occasionally requested to develop at densities below the maximum permitted on a given site. This typically B-16 | City of Seal Beach Sites Inventory and Methodology occurs when market demand is inconsistent with development regulations. When this occurs, the City will work cooperatively with the developer to maximize the site's potential consistent with the General Plan and other community objectives. To ensure that adequate sites are available for the development of lower income housing during the 2021-2029 planning period, the City has included Program 1d to track the number of units built on parcels including in the City’s sites inventory and to determine the remaining site capacity by income category. This will ensure the City takes appropriate action if a Housing Opportunity site is developed at a density below what is permitted
Sites Inventory and Methodology City of Seal Beach | B-17 Section B.3 Adequacy of Residential Sites in Meeting
RHNA
B.3.1 Summary
Table B-5 summarizes the City’s methods for satisfying its RHNA and outlines the unit capacity of the sites inventory based on density and affordability assumptions provided above in Section B.2.3 Based on ADU projections (Table B-2), current projects pending approval (Table B-3), and available sites (Tables B-6 and B-7), the City has capacity for 1,339 units across all income categories, resulting in an 8 percent, or 96-unit, surplus over the RHNA.
Table B-5: Residential Development Potential and RHNA
Extremely Low
Very
Low
Low Moderate
Above
Moderate
Total
RHNA See Very Low 258 201 239 545 1,243
ADUs See Very Low 2 3 2 - 7
Current Projects Pending Approval - - - - 167 167
Remaining RHNA See Very Low 256 198 237 378 1,069
Site Inventory (Baseline Sites)1 See Very Low - 129 - 129 Surplus/(Shortfall) (454)2(108) (378) (940)
Rezone Sites 534 117 385 1,036
Surplus/(Shortfall) with Rezone Sites 80 9 7 96
1 . See Tables B-6 and B-7 for the complete inventory
2. For calculation purposes, extremely low, very low-, and low-income totals were grouped.
Source: City of Seal Beach, LWC
The scenario in Table B-5 relies on zoning amendments, identified in previous sections, to ensure adequate capacity for all income levels. With completion of these amendments (Program 1a and 1b), the City will have adequate capacity in all income categories, as shown in Tables B-6 and B7.
AB 725 requires that 25 percent of a city’s above-moderate income RHNA and 25 percent of the city’s moderate-income RHNA be met on sites which accommodate four or more units per site.
As shown in Tables B-6 and B-7, 100 percent of Seal Beach’s above moderate-income RHNA and moderate income RHNA are expected on sites accommodating 4 or more units.
B-18 | City of Seal Beach Sites Inventory and Methodology B.3.2 Site Profiles
In addition to the overall analysis, discussion and methodology described above, this section provides additional clarification and methodology on how the estimated number of residential units were determined for each site factoring the existing uses. Also see Section B.2.3 for information regarding how realistic capacity assumptions were reduced to take into account the possibility of 100 percent non-residential use13 and other land use controls. Of the 8 site groupings listed in Tables B-6 and B-7 and in the site profiles below, only one is vacant (Site 9, 99 Marina). The discussion below provides a brief explanation on the methodology used to calculate residential potential for each of the sites that are currently developed with various uses.
The site profiles below also identify the “reason for selection” (i.e., why a site was included in the inventory). Consistent with the methodology used for identifying sites described in Section B.2.4, sites generally have low improvement-to-land values (I/L ratio<1.0), older existing uses, property owner interest in redevelopment for housing, and are supported by recent patterns and trends in the region (also see Section B.2.5). In addition, each of these sites have characteristics that are similar to other sites that have been redeveloped or developed with housing in neighboring communities (see Table B-4). These factors include the presence of surface parking, lower intensity uses (e.g., storage), or lack of substantial improvements. 13 As stated previously, sites being rezoned to the Mixed Commercial/High Density Residential zone do not allow 100 percent nonresidential use (i.e., must include residential development). See Program 1b for more information.
Sites Inventory and Methodology City of Seal Beach | B-19 Site 1 – 1780 Pacific Coast Highway (No Rezoning)
Location: 1780 Pacific Coast Highway,
the eastern corner of the intersection of
Pacific Coast Highway and Seal Beach
Blvd. The site has housing to the rear of it,
and retail to the north. Across the street to
the south is the Naval Weapons Station,
and to the west is single family residential.
APN: 199-061-01
Current Use: Retail, specifically a small
liquor store and a bait shop
Current Zoning Designation: Limited
Commercial/Residential Medium Density (LC/RMD)
Size: 0.25 acres
Reason for Selection:
This parcel is developed with an older commercial building currently occupied by a liquor/convenience store. Due to the age and marginal condition of the structure, taken in combination with the value of the land, this site is an excellent and likely candidate for redevelopment with a new residential or mixed-use project. It is immediately adjacent to housing, with excellent access to goods and services.
Assumed Development Capacity:
This zoning designation allows residential use at up to 21.8 units/acre. The site can reasonably accommodate ground floor commercial use and parking with four second-story housing units.
Because of its maximum allowable density, this parcel has been listed in the moderate-income site inventory.
B-20 | City of Seal Beach Sites Inventory and Methodology Site 2 – Leisure World (No Rezoning)
Location: Leisure World is a large, high-density
residential senior community generally bound
by Westminster Blvd, Seal Beach Blvd, the I405, and the Los Alamitos Flood Control Channel. The community currently has 6,608
units. The opportunity site within the
development is located along the eastern
border, about one third of a mile from the
southwestern corner of the community.
APN: 095-691-04
Current Use: Recreational vehicle storage
Current Zoning Designation: Residential High Density – Planned Development Size: 5.5 acres
Reason for Selection:
This is an underutilized site in a community that while not income -restricted, offers very affordable living options, with units selling far below the cost of condominiums elsewhere in the region. For example, a one-bedroom unit may be found for under $300,000 while elsewhere pricing starts in the $500,000 range. According to Table A-11, approximately 75 percent of the population in Leisure World consists of low- to moderate-income households. Additionally, the community is already developed to higher densities, with a few buildings at three stories with parking underneath. Additional units could integrate well into the community and could spread ongoing maintenance and operational costs among a greater number of owners, helping to keep those costs in an affordable range. Furthermore, such development has precedent. The series of three-story buildings earlier referenced, known as Mutual 17, were built in the 1980s, well after the rest of Leisure World was developed, and include 126 2-bedroom, 2-bath condominiums on a little less than five acres. As only one percent of the site is proposed for redevelopment, and adequately sized common areas are present, the existing uses will not impede the anticipated amount of residential development. A development proposal at this site can be approved administratively. No additional zoning revisions are needed.
Assumed Development Capacity:
An additional 125 moderate-income units can be accommodated on approximately 5.55 acres presently devoted to recreational vehicle storage at an assumed density of 22.7 units to an acre (this site has a maximum density of 32.2 units to an acre). New three-story buildings can accommodate parking on the ground level with units above.
Sites Inventory and Methodology City of Seal Beach | B-21 Site 4 – Accurate Storage (Rezoning Required)14
Location: 1011 Seal Beach Boulevard. This site is
bordered by office, commercial and light industrial uses to the north and west, by the City Police Station across Adolfo Lopez Drive to the south, and by the Seal
Beach Naval Weapons Station across Seal Beach
Boulevard to the east.
APN: 095-791-18
Current Use: Self storage facility
Current Zoning Designation: High Density
Residential (RHD-20)
Size: 4.4 acres (1.8 acres assumed to be developed during the planning period) Reason for Selection:
Reason for selection: This site was previously selected as a candidate housing site due to underutilized parking, location close to services, and interest from the property owner. There are no known environmental constraints on this property, and the site has good access to employment and transit routes. Due to the high land value and relatively low utilization, there is significant financial incentive for residential development on this property.
Assumed Development Capacity:
As the current zoning did not result in redevelopment of this site with residential uses, the development assumptions have been revised. The improvement value to land value is less than
1.0 (0.54), indicating a likelihood for redevelopment, with conversion of the outdoor storage being the most likely to intensify in value. The indoor storage could remain in place and not be an impediment to development due to the site plan and overall quality of development and maintenance of the site. Therefore, it is assumed that only 1.8 acres of the site will redevelop to housing, instead of the entire 4.4 acres. As described in Table B-7, this site is proposed for rezoning to a maximum density of 46 units per acre that will enhance the financial viability of adding residences to the site. At an assumed capacity of 37 dwelling units per acre15, 14 Previous draft versions of this 2021-2029 Housing Element identified “Site 3 – Accessory Dwelling Units” (ADUs); however, ADUs are not a “site” in the sites inventory, but are accounted for in Section B.2.1. For consistency, the numbering of all other sites remains unchanged from previous drafts, which is why there is no “Site 3” in the sites inventory.
15 These are in fact conservative assumptions regarding assumed capacity, as the site will be rezoned Mixed Commercial/Residential High Density (MC/RHD) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.
B-22 | City of Seal Beach Sites Inventory and Methodology development of 1.8 acres could yield 66 above-moderate units, or more if a density bonus is employed.
Sites Inventory and Methodology City of Seal Beach | B-23 Site 5 – The Shops at Rossmoor (Rezoning Required)
Location: This multi-address retail center is on the
west side of Seal Beach Boulevard between St.
Cloud Drive and Rossmoor Center Way
APNs: Development only projected at APNs 086-
492-56, 086-492-80, 086-492-87, 086-492-
90, 086-492-92
Current Use: Retail center, with uses including
Marshalls, Kohl’s, Ulta, Sprouts Farmers Market,
and Burlington
Current Zoning Designation: General
Commercial (CG)
Size: 27 acres (12 acres assumed to be developed
during the planning period)
Reason for Selection:
This site was selected due to an abundance of underutilized parking accompanied by owner interest in development of housing units. The site’s ratio of improvement value to land value is less than 1.0 (0.85), meaning the site is economically underutilized, despite being a generally successful retail center. However, with a number of “big box” type tenants subject to changes in the retail landscape, this center is vulnerable to store closures that could result in significant vacant space. A new mixed-use zone would allow for greater flexibility to utilize the land, and by adding housing units, increase the viability of the retail that remains. Additionally, high density residential already exists along the western edge of the retail center, increasing compatibility of the use.
Assumed Development Capacity:
The site is 27 acres, and surface parking occupies approximately 19 acres. It is assumed that approximately 12 acres of surface parking could be developed with housing, calculated at 37 units per acre, this would result in 441 units16, exclusive of a density bonus. Because of the ample development potential and therefore ability to achieve economies of scale, Table B-7 assumes 276 of units at lower-income, 14 units at moderate-income, and 151 at abovemoderate-income. 16 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Rossmoor Shopping Center will be rezoned Mixed Commercial/Residential High Density (MC/RHD) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.
B-24 | City of Seal Beach Sites Inventory and Methodology Site 6 – Old Ranch Town Center (Rezoning Required)
Location: This multi-address retail center is on
the east side of Seal Beach Boulevard, between
the Old Ranch Country Club golf course and
Plymouth Drive.
APNs: Development only projected at APNs 130-
861-15, 130-861-16, 130-861-17, 130-
861-18
Current Use: Retail center including stores such
as Target and Ralph’s supermarket.
Current Zoning Designation: General
Commercial (GC)
Size: 26 acres (8.3 acres assumed to be
developed during the planning period)
Reason for Selection:
Similar to the Shops at Rossmoor, the Old Ranch Town center has a significant amount of underutilized parking, and primarily big box uses. Currently, the former Bed Bath and Beyond store is vacant. The addition of housing to this site is feasible as it is immediately adjacent to goods and services, has excellent access along a major thoroughfare, and can integrate well with the scale of the existing development, bolstering retail uses with on-site residents. The improvement to land value ranges by parcel, with the largest parcel at 0.95 and the second largest parcel at 0.07, demonstrating ripeness for additional development.
Assumed Development Capacity:
It is assumed approximately 8.3 acres of the surface parking lot of the center could be developed or redeveloped with housing uses, creating a mixed-use environment at 37 units per acre, for a total of 306 units17. Because of the ample development potential and therefore ability to achieve economies of scale, as well as density over 30 dwelling units per acre, Table B-7 projects 258 units at lower-income and 48 at moderate-income. Due to its proximity to the Joint Forces Training Base, all residential units would be conditioned to meet interior noise level standards of 45 decibels, however, this is not an obstacle to development as this is also the standard in the California Building Code (see Section B.2.4 for more information on Airport Environ Land Use Plan considerations). Housing currently exists to the north and northeast of the site, also adjacent to the Joint Forces Training Base. 17 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Old Ranch Town Center will be rezoned Mixed Commercial/Residential High Density (MC/RHD) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.
Sites Inventory and Methodology City of Seal Beach | B-25 Site 7 – Seal Beach Plaza (Rezoning Required)
Location: This multi-address retail center is at
the northwest corner of Seal Beach Blvd and
Westminster Blvd. Two churches and Leisure
World are to the north and west, and generally
the Naval Weapons Station surrounds the other
sides.
APNs: Development only projected at APNs
095-641-44, 095-641-55, 095-641-57.
Current Use: Retail and office/service uses
Current Zoning Designation: Service
Commercial (SC)
Size: 7 acres (1.5 acres assumed to be developed during the planning period) Reason for Selection:
This site has a low improvement value to land value ratio at 0.72, and has experienced some large tenant turnover in the past, which could indicate a need to reposition the site for long-term success in the future. Similar to other retail plazas, it is underutilized with large parking areas.
The site offers excellent access to goods and services, and augmenting the site with housing would benefit the on-site retailers. The adjacent Leisure World utilizes higher densities, and the Naval Weapons Station is immediately east, and is not a conflicting use.
Assumed Development Capacity:
This site can be redeveloped entirely or partially as a mixed-use project. Assuming that residential uses are developed on 1.5 acres of surface parking at the site at a calculated density of 37 du/acre18, 55 moderate-income units could be accommodated following adoption of a new mixed-use zoning district..
18 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Seal Beach Plaza will be rezoned Mixed Commercial/Residential High Density (MC/RHD) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.
B-26 | City of Seal Beach Sites Inventory and Methodology Site 8 – Seal Beach Center (Rezoning Required)
Location: This retail plaza is located on Pacific
Coast Highway, between Balboa Drive and Bolsa
Avenue. It is directly across PCH from Main Street,
the commercial core of the Old Town area.
APNs: Development only projected at APNs 043-
260-02, 043-260-05.
Current Use: The center consists of two anchor
stores, a Pavilions supermarket, and a CVS
Pharmacy, along with several smaller retail and
restaurant tenant spaces.
Current Zoning Designation: Service Commercial (SC)
Size: 9 acres (2.7 acres assumed to be developed during the planning period) Reason for Selection:
This site has an improvement value to land value ratio of 0.72, indicating it is underutilized and could perform to a higher capacity. Its location provides excellent walkability and access to goods and services, including an elementary school. A small mixed-use project could be undertaken using available parking and redeveloping portions of the site with housing above retail. Moreover, the property representatives have expressed an interest in mixed use as a future possibility to increase site utility.
Assumed Development Capacity:
With a mixed-use zoning allowing up to 46 units per acre, 2.7 acres of surface parking and a calculated capacity of 37 dwelling units per acre19, the capacity would be 99 above-moderate units without using a density bonus.
19 These are in fact conservative assumptions regarding assumed capacity, as the sites in the Seal Beach Center will be rezoned Mixed Commercial/Residential High Density (MC/RHD) under Program 1.b, which will have a minimum density of 40 dwelling units per acre and a maximum 46 dwelling units per acre.
Sites Inventory and Methodology City of Seal Beach | B-27 Site 9 – 99 Marina (Rezoning Required)
Location: 99 Marina Drive, northeast of Marina
Drive and 1st Street intersection.
APN: 199-011-10
Current Use: Vacant. At some point, a
handball court was constructed on the western
edge of the property, and the City does
maintain a small section of the property around
the court primarily for public safety reasons as it
is adjacent to a public park.
Current Zoning Designation: Oil Extraction
(OE)
Size: 4.3 acres (only 3 acres are proposed for redevelopment) Background and Description:
Previously a site that supported oil extraction in the area, the current owners (Exxon and Chevron) are actively marketing the property. Based on inquires received by City staff from potential buyers, as well as the surrounding residential uses, housing development makes the most sense, and is generally expected by the community.
Assumed Development Capacity:
A density of 33 units per acre is proposed at this site to meet the 30-dwelling-unit-per-acre default density thresholds established under Government Code Section 65583.2(c)(3)(B)).
However, this location may have additional development standards imposed by the Coastal Commission, similar to the adjacent development, where a portion of the site was left as open space. Thus, the total housing production expected at the site is 66 units, all of which are assumed to be above moderate, to be extremely conservative.
B-28 | City of Seal Beach Sites Inventory and Methodology B.3.3 Housing Sites Map
Sites Inventory and Methodology City of Seal Beach | B-29 B.3.4 Housing Sites Tables
Table B-6 lists the parcels in the City’s housing sites inventory that do not require rezoning with unit capacity by income category.
Table B-7 lists all of the rezone parcels with unit capacity by income category.
Table B-6: Housing Sites (Under Existing Zoning)
Site
#
Site
Address /
Intersection
APN
Current Density (du/ac) Acres
Site
Status
Identified
in Last /
Last Two
Planning
Cycles
Realistic Capacity
General
Plan
Zoning
Min.
Allowed
Max.
Allowed
Parcel
Final
Affordability Max.
Capacity
Assumed
Capacity
Assumed
Capacity as a
Percentage of
Max Capacity
1 1780 Pacific
Coast
Highway
199-
061-01
Commer
cial
Limited
LC/RM
D
– 21.8 0.25 Underu
tilized
Yes, Last Moderate 5 4 80%
2 Leisure
World RV
Lot
095-
691-04
High
Density
Residenti
al
RHDPD
– 32.2 5.55 Underu
tilized
No Moderate 179 125 70%
Total = 129 Moderate Units
Source: City of Seal Beach, LWC
B-30 | City of Seal Beach Sites Inventory and Methodology Table B-7: Rezone Sites
Site
#
Site
Address
/ Intersection
APN
Current Proposed
Density
(du/ac) Acres
Site
Status
Identified
in Last /
Last Two
Planning
Cycles
Realistic Capacity
General
Plan
Zoning Zoning
Min.
Allowed
Max.
AllowedParcel Subtotal
Infill
Parking
Lot
Sizes
Max.
Capacity
Assu
med
Capacity
Assumed
Capacity
as a
Percentage
of Max
Capacity
LowerModerateAbove
Moderate
5 The
Shops at
Rossmo
or
086-
492-
90 Commerci
al
General
GC MC/RHD 40 46 2.532 0.50 No 116 18 15% 18
5 The
Shops at
Rossmo
or
086-
492-
92 Commerci
al
General
GC MC/RHD 40 46 13.287 7.00 No 611 258 42% 258
6 Old
Ranch
Town
Center
130-
861-
15 Commerci
al
General
GC MC/RHD 40 46 8.564 4.00 No 394 147 37% 147
6 Old
Ranch
Town
Center
130-
861-
16 Commerci
al
General
GC MC/RHD 40 46 2.404 1.00 No 111 37 33% 37
6 Old
Ranch
Town
Center
130-
861-
18 Commerci
al
General
GC MC/RHD 40 46 2.022 2.00 No 93 74 80% 74
5 The
Shops at
Rossmo
or
086-
492-
80 Commerci
al
General
GC MC/RHD 40 46 0.69 0.37 No 32 14 44% 14
6 Old
Ranch
Town
Center
130-
861-
17 Commerci
al
General
GC MC/RHD 40 46 1.801 1.30 No 83 48 58% 48
7 Seal
Beach
Plaza
095-
641-
44 Commerci
al Service SC MC/RHD 40 46 0.81 6.78 0.10 Underutilized No 37 4 11% 4 7 Seal
Beach
Plaza
095-
641-
55 Commerci
al Service SC MC/RHD 40 46 3.433 6.78 0.50 Underutilized No 158 18 11% 18 Sites Inventory and Methodology City of Seal Beach | B-31 Table B-7: Rezone Sites
Site
#
Site
Address
/ Intersection
APN
Current Proposed
Density
(du/ac) Acres
Site
Status
Identified
in Last /
Last Two
Planning
Cycles
Realistic Capacity
General
Plan
Zoning Zoning
Min.
Allowed
Max.
AllowedParcel Subtotal
Infill
Parking
Lot
Sizes
Max.
Capacity
Assu
med
Capacity
Assumed
Capacity
as a
Percentage
of Max
Capacity
LowerModerateAbove
Moderate
7 Seal
Beach
Plaza
095-
641-
57 Commerci
al Service SC MC/RHD 40 46 2.538 6.78 0.90 Underutilized No 117 33 28% 33 4 Accurate
Storage
095-
791-
18 High
Density
Residenti
al
RHD20 MC/RHD 40 46 4.4 1.8
Under
utilized
,
owner
interes
t in
redeve
lopme
nt
Yes, Last
Two 83 66 33%20 66
5 The
Shops at
Rossmo
or
086-
492-
56 Commerci
al
General
GC MC/RHD 40 46 5.43 2.10 No 250 77 31% 77
5 The
Shops at
Rossmo
or
086-
492-
87 Commerci
al
General
GC MC/RHD 40 46 4.306 2.00 No 198 74 37% 74
8 Seal
Beach
Center
043-
260-
02 Commerci
al Service SC MC/RHD 40 46 0.435 7.44 0.20
Under
utilized
,
owner
interes
t in
redeve
lopme
nt
No 20 7 35% 7
20 This percentage is based on the fact that the total parcel size is 4.4 acres, but the parcel’s capacity has been discounted to only include the 1.8 acres of surface parking and outdoor storage, in addition to another 30 percent capacity reduction to conservatively estimate capacity to account for land use controls and the possibility of 100 nonresidential development.
B-32 | City of Seal Beach Sites Inventory and Methodology Table B-7: Rezone Sites
Site
#
Site
Address
/ Intersection
APN
Current Proposed
Density
(du/ac) Acres
Site
Status
Identified
in Last /
Last Two
Planning
Cycles
Realistic Capacity
General
Plan
Zoning Zoning
Min.
Allowed
Max.
AllowedParcel Subtotal
Infill
Parking
Lot
Sizes
Max.
Capacity
Assu
med
Capacity
Assumed
Capacity
as a
Percentage
of Max
Capacity
LowerModerateAbove
Moderate
8 Seal
Beach
Center
043-
260-
05 Commerci
al Service SC MC/RHD 40 46 7.009 7.44 2.50
Under
utilized
,
owner
interes
t in
redeve
lopme
nt
No 322 92 29% 92
9 99
Marina
199-
011-
10 Oil
Extraction OE RHD-33 – 33 3 –
Vacant
land
on the
market
No 99 69 49%21 69
Net New Capacity 2,724 1,036 534 117 385
Source: City of Seal Beach, LWC
21 This percentage is based on the fact that the total parcel size is 4.3 acres, but the parcel’s capacity has been discounted to only include the 3 acres, in addition to another 20 percent capacity reduction to conservatively estimate capacity to account for land use controls.
Housing Constraints City of Seal Beach | C-1
Appendix C:Housing Constraints
Contents
Appendix C: Housing Constraints .............................................................1 Contents .....................................................................................................................................1 Section C.1 Introduction and Summary ...................................................................................2 C.1.1 Introduction..........................................................................................................2 C.1.2 Summary .............................................................................................................2 Section C.2 Governmental Constraints ...................................................................................3 C.2.1 Land Use Controls ...............................................................................................3 C.2.2 Building and Housing Codes and Enforcement ..................................................32 C.2.3 Permits and Procedures.....................................................................................34 C.2.4 On and Off-site Improvements ...........................................................................40 C.2.5 Federal Land Uses (NWS Seal Beach)..............................................................41 C.2.6 Airport Land Use Commission............................................................................42 Section C.3 Non-Governmental Constraints..........................................................................43 C.3.1 Housing Supply/Conditions ................................................................................43 C.3.2 Development Costs............................................................................................44 C.3.3 Availability of Financing......................................................................................46 C.3.4 Market Constraints Summary.............................................................................46 C.3.5 Community Resistance to Housing ....................................................................46 Section C.4 Environmental and Infrastructure Constraints ....................................................47 C.4.1 Environmental Constraints .................................................................................47 C.4.2 Infrastructure Constraints...................................................................................48 C-2 | City of Seal Beach Housing Constraints
Section C.1 Introduction and Summary
C.1.1 Introduction
This Appendix covers local governmental, non-governmental, environmental, and infrastructure constraints to housing production in Seal Beach.
C.1.2 Summary
City policies and regulations, such as the Zoning Ordinance, and market factors outside of the City’s control affect the quantity and type of residential development that occurs in Seal Beach.
The following summarizes key governmental and non-governmental constraints to housing development as detailed in this Appendix:
• The minimum unit size requirements (ranging from 950 sq. ft. or 1,200 sq. ft in certain zoning districts) constrain developing a range of housing types and higher densities. • Current parking standards limit the feasibility of studio and one-bedroom unit types. • The City currently does not have an approved Local Coastal Program (LCP), impacting development review period and costs for projects in the Coastal Zone. • Maximum density standards affect development feasibility by determining the land cost per unit. Even though allowable multi-family residential densities in Seal Beach are technically sufficient to facilitate development of affordable housing, additional incentives/subsidies may be required due to high land values to achieve the City’s desired number of affordable housing goals.
• Due to recent legislative updates, zoning provisions for certain residential uses are not consistent with State law (e.g., Low Barrier Navigation Centers, employee/farmworker housing, density bonus, accessory dwelling units, etc.).
Housing Constraints City of Seal Beach | C-3
• Economic conditions in Seal Beach reflect a competitive housing market for both for-sale and rental housing.
Section C.2 Governmental Constraints
C.2.1 Land Use Controls
General Plan Land Use Designations
Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future. The Land Use Element of the General Plan establishes the basic land uses and density of development within the various areas of the city. Under state law, the General Plan elements must be internally consistent, and the City’s zoning must be consistent with the General Plan. Thus, the Land Use Element must provide suitable locations and densities to implement the policies of the Housing Element.
The Land Use Element of the Seal Beach General Plan sets forth the City’s policies for guiding local development. These policies, together with the zoning regulations, establish the amount and distribution of land to be allocated for different uses within the city. The Land Use Element provides three different densities of residential land uses displayed in Table C-1. The Land Use Element identifies 1,471 acres for residential uses. Residential uses represent 20 percent of the total acreage in the city and nearly 64 percent of the acreage designated for non-military uses.
Table C-1: Residential Land Use Categories – Seal Beach General Plan Designation
Maximum
Density*
Total
Acreage
Low Density Residential (LR) 9 353.7
Medium Density Residential (MR) 17.0 505.4
High Density Residential (HR) 166.4
Planning Area 1 (Old Town/Surfside) 20.0 150.7
Planning Areas 2-3 (Marina Hill/Hellman
Ranch/Boeing/Leisure World) 32.2 1,007
Planning Area 4 (College Park) 45.3 15.7
Source: City of Seal Beach General Plan, 2021
*Density expressed in dwelling units per net acre.
Low Density Residential: A minimum lot size of 5,000 square feet is required. Neighborhoods within this designation are developed with stable, high-quality homes and no change in land use patterns in these neighborhoods is expected, with the exception of the addition of ADUs. Low Density Residential neighborhoods include Marina Hill, Surfside, College Park West, and most of College Park East.
C-4 | City of Seal Beach Housing Constraints
Medium Density Residential: The intent of this classification is to allow the development of two units on the typical coastal lot. Nevertheless, many of the properties within this classification are developed with single family homes. A minimum of 2,500 sq. ft. of land area is required for each unit. Areas within this designation include Bridgeport, portions of College Park East, and a neighborhood adjacent to Old Ranch Town Center.
High Density Residential: Three areas of the City fall within this district, which requires 1,350 sq. ft. of land area per unit. In Old Town, single family uses are mixed with multi-family uses including apartments and a mobile home park. The Leisure World development as well as high density developments adjacent to the Shops at Rossmoor represent other examples of this land use.
In addition to these residential land use designations, the Limited Commercial area along Seal Beach Boulevard between Landing Avenue and Electric Avenue contains a mixture of highdensity residential, low-intensity office, and small commercial uses. Both mixed-use and exclusive residential development are allowed in this area.
Zoning Districts
The Seal Beach Zoning Code was comprehensively updated in 2010. The Zoning Code provides three residential zones: Residential Low Density (RLD), Residential Medium Density (RMD) and Residential High Density (RHD). The Limited Commercial/Residential Medium Density district also allows exclusive residential or mixed-use development. The relationship between General Plan land use categories and zoning districts is shown in Table C-2.
Table C-2: Residential Zoning Districts
Map
Symbol Zoning District General Plan Category Intended Uses RLD-9 Residential Low Density - 9
Low Density Residential
Single-unit and small, zero-lot line
neighborhoods at a base density of up to 15
dwelling units per net acre. RLD-15 Residential Low Density – 15 RMD-18 Residential Medium Density - 18 Medium Density Residential Duplexes, townhouse projects, apartments, and
small-lot, single-unit residential uses, at a density
of 15 to 18 dwelling units per net acre. Additional
density may be achieved through density
bonuses.
RHD-20 Residential High Density - 20
High Density Residential
Multi-unit residential developments at a base
density of 20 to 46 dwelling units per net acre.
Additional density may be achieved through
density bonuses.
RHD-33 Residential High Density – 33
RHD-46 Residential High Density – 46
L-C/RMD Limited Commercial/Residential
Medium Density Mixed Use Limited commercial and office uses in conjunction with residential uses.
Source: City of Seal Beach Zoning Code, 2023
Housing Constraints City of Seal Beach | C-5
Allowable Residential Uses
There are seven base zoning districts in the city that permit residential use, ranging in allowable density from 9 units/acre in the RLD-9 district to 46 units/acre in the RHD-46 district (Table C-2).
Allowable uses include single-family detached houses in the RLD-9 and RLD-15 districts, to multifamily residential condominiums and apartments with base densities from 20 to 46 units/acre in the RHD-20, RHD-33 and RHD-46 districts. As shown in Table C-3, most residential uses are permitted by-right, without discretionary review or design review. Exceptions include large group homes, and some types of residential care facilities, which require approval of a use permit by the Planning Commission. The Limited Commercial/Residential Medium Density (L-C/RMD) district allows commercial use, exclusive residential use, or commercial/residential mixed use.
Table C-3: Permitted Residential Uses by Zoning District Housing Type RLD RMD RHD L-C/RMD PO SC GC
Single-Unit Residential P P P P - - -
Duplex - P P P - - -
Multi-Unit Residential - P P P - - -
Manufactured Housing1 P P P - - - -
Second Units1 P P P - - - -
Group Homes2- - M - - - -
Residential Care-General3- - C - C C C
Residential Care-Limited3 P P P P C C C
Residential Care-Senior3 - - C - C C C
Transitional & Supportive Housing 4 4 4 4 4 4 4
Source: Seal Beach Municipal Code, 2023
Notes:
RLD=Residential Low Density
RMD=Residential Medium Density
RHD-Residential High Density
L-C/RMD=Limited Commercial/Residential Medium Density
PO=Professional Office
SC=Service Commercial
GC=General Commercial
P=permitted as of right
M=minor use permit
C=conditional use permit
1. A manufactured home on a permanent foundation is considered a single-family dwelling
2. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. Includes rooming houses and dormitories but excludes residential care facilities
3. See discussion under Special Needs Housing
4. Permitted subject to the same regulations as for other residential uses of the same type in the same zone Development Standards
Development standards vary by zone and are described below. During the Zoning Code update process, development standards were reviewed to ensure that they do not prevent projects from achieving densities at the upper end of the allowable density range.
Residential Districts
The zoning district suffix indicates the allowable base density. One house per lot is permitted in the RLD district. In the RMD and RHD districts, multi-family housing is allowed with density determined by the parcel size and the required square footage of lot area per unit. For example, C-6 | City of Seal Beach Housing Constraints
in the RHD-20 district, the allowable base density is 20 units/acre, which requires at least 2,178 square feet of lot area per unit1. Additional density is possible through density bonus provisions (Chapter 11.4.55 of the Municipal Code).
The Zoning Code currently requires a minimum unit size of 950 sq. ft. or 1,200 sq. ft., depending on the zoning district (not including ADUs and JADUs). In recognition of the need to promote higher densities and a range of housing types, the City proposes to eliminate or substantially reduce the minimum unit size in the Code. This change will occur as part of a broader Zoning Code update to implement various provisions of the Housing Element. Please see Program 3h (Remove Minimum Unit Size Requirements) to this effect.
Other development standards regulate building height, lot size, unit sizes, setbacks, off-street parking, lot coverage, building separation and landscaping (see Table C-4 below). Setbacks and lot coverages2in particular have been reviewed and found not to be an impediment to achieving maximum permitted density. In general, setbacks have already been designed to accommodate maximized lot use, with three-foot side setbacks in many districts. With the addition of ADU and JADU-related zoning updates, single family zones may further intensify lot use (see Programs 1h, 1i, and 1j for more information).
Limited Commercial/Residential Medium Density (L-C/RMD) District The only existing base by-right mixed-use or commercial district that allows residential development3, including 100 percent residential developments, is the LC/RMD zoning district. The LC/RMD district allows by-right single-unit residential, duplexes, and multiple-unit residential projects, as well as Residential Care-Limited Uses. The allowable base density for exclusively residential projects in the L-C/RMD district is one unit per 2,500 square feet of lot area (17.4 units/acre) and projects must comply with the development standards of the RHD-20 district.
Mixed-use projects allow second floor residential use with a base density of one unit per 2,000 square feet of lot area (21.8 units/acre). For narrow lots (<37.5 feet) there is a 30-foot height limit, while wider lots are allowed a height of 25 feet/2 stories on the front half of the lot and 35 feet/3 stories on the rear half of the lot. Additional height may be allowed at specific locations designated in design guidelines, planned unit developments, or specific plans, or pursuant to density bonus regulations. Development standards for the L-C/RMD district are shown in Table C-5 below. 1 One acre contains 43,560 square feet of land. At a ratio of 2,178 square feet of lot area per unit, 20 units per acre would be permitted (2,178 x 20 = 43,560).
2 As shown in Table C-4 and consistent with Seal Beach Municipal Code Table 11.2.05.015 and Section
11.2.05.015.B, lot coverages of at least 50 percent are allowed for all multi-family housing projects. 3 The Main Street Specific Plan and Service Commercial districts only allow existing residential, which are considered nonconforming uses that may be continued; however, new residential uses are prohibited.
Housing Constraints City of Seal Beach | C-7
Mixed Commercial/Residential High Density Zone (M-C/RHD) In addition, to facilitate the development of housing affordable to all income levels and to meet its RHNA, the City is developing a new mixed-use zoning district under Program 1b: Mixed Commercial/Residential High Density Zone. This new district will include development standards that allow for the achievement of a maximum density of 46 dwelling units per acre, and 100 percent residential development, consistent with the assumptions used in preparation of the sites inventory in Appendix B.
Other Districts
Other, special types of zoning districts, such as the Planned Development (PD) Overlay District and Specific Plan Regulation (SPR) District, allow residential development through discretionary actions. These special districts allow for deviations from residential development standards in the underlying base zoning district on a case-by-case basis.
Floodplain Management4
Table 11.2.05.015 of the Municipal Code (shown as Table C-4 below) identifies that flood zone heights do apply in all residential districts, as described in Section 11.2.05.015.F of the Municipal Code. Section 11.2.05.015.F identifies that in special flood hazard zones, the maximum allowable height for residential structures is increased by the increase in elevation required to reach the base flood elevation. Therefore, the City’s zoning regulations on flood zone heights allow for greater permissiveness in terms of maximum height allowed for residential uses in flood zones, and are not a constraint to housing development.
4 Chapter 9.45 of the Municipal Code provides additional floodplain management regulations for uses within Federal Emergency Management Agency (FEMA) special flood hazard areas, but these are also typical of municipal floodplain management procedures and do not represent constraints to housing development.
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Table C-4: Development Standards for Residential Zoning Districts RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46
Supplemental
Regulations
Density/Intensity of Use - Lot Dimensions
Maximum Density (The zoning district
suffix indicates the allowable base density
in dwelling units per acre)
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
See Section
11.4.05.115 for
Accessory Dwelling
Unit standards. See
subsection A for
Surfside Standards
Maximum Density with State Affordable
Housing Bonus (du/ac)
See Chapter 11.4.55:
Affordable Housing
Bonus
Minimum Lot Area (sq. ft.)
Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W)
See Section
11.4.05.115 for
Accessory Dwelling
Unit standards.
Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W)
See Section
11.4.05.115 for
Accessory Dwelling
Unit standards.
Nonresidential Uses 10,000 10,000 10,000 10,000 10,000 10,000 Housing Constraints City of Seal Beach | C-9
Table C-4: Development Standards for Residential Zoning Districts RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46
Supplemental
Regulations
Minimum Lot Size (ft.)
Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 (W) Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 (W) Minimum Floor Area (sq. ft.)
Primary Dwelling Unit 1,200 1,200(E) 950 950 950 950
Junior Accessory Dwelling Unit 150 150 150 150 150 150
1-Bedroom Accessory Dwelling Unit 400 400 400 400 400 400 2+-Bedroom Accessory Dwelling Unit 600 600 600 600 600 600 Maximum Floor Area for Accessory Dwelling Units (sq. ft.) Junior Accessory Dwelling Unit 500 500 500 500 500 500
Detached Accessory Dwelling Unit 1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
Attached Accessory Dwelling Unit 1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
1,200
(L-4)
L-3
Maximum Lot Coverage (%) (B) 67 50 75 (B) 60 80 (B) (W) Substandard Lot Standards Yes Yes Yes Yes Yes Yes (C)
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Building Form and Location
Minimum Yards (ft.)
Front - Minimum
(D) (E)
Average 12;
minimum 6
Average 12;
minimum 6
18 18 (D) (E) (W); L-2
Interior Side - Minimum
(A) (D) (E)
10% of lot
width; 3 ft.
minimum; 10
ft. maximum
10% of lot
width; 3 ft.
minimum; 10
ft. maximum
10% of lot
width; 3 ft.
minimum; 10
ft. maximum
10% of lot
width; 3 ft.
minimum; 10
ft. maximum
(A) (D) (E) (W)
Corner Side - Minimum
15% of lot width; 10
ft. maximum
(E)
15% of lot
width; 10 ft.
maximum
15% of lot
width; 10 ft.
maximum
15% of lot
width; 10 ft.
maximum
15% of lot
width; 10 ft.
maximum
(E) (W)
Rear
10 (E)
5 ft.; but when
abutting an
alley 24 ft.
minus width of
the alley
24 ft. minus
width of the
alley
24 ft. minus
width of the
alley
(E) (W)
Main Building Envelope
Flood Zone Heights Yes Yes Yes Yes Yes Yes (F)
Maximum Height (ft.)
25 (A) (G) (not to
exceed 2 stories)
25 (E) (G)
25 (not to
exceed 2
stories)
35 35 (A) (G) (E) (W)
Maximum Height of Downslope Skirt Walls
(ft.)
6 6 6 6 6 6 (H)
Projections Yes Yes (E) Yes Yes Yes Yes (I) (E) (W)
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Minimum Distance Between Buildings on
the Same Lot (ft.)
6 6 6 6 6 10-20 (J)
Minimum Court Dimensions (ft.) — — — — 15 15
Building Design
Exterior Stairways Prohibited Yes Yes Yes Yes No No L-1 Porches Yes — — Yes — — (K)
Vehicle Accommodation
Off-Street Parking and Loading See Chapter 11.4.20: Off-Street Parking and Loading Maximum Number of Curb Cuts for
Driveway
1 (L) 1 1 1 1 1 (L)
Maximum Width of Driveway (ft.) 18 — — — — — (M)
Limitations on Parking and Garage
Frontage
Yes Yes Yes Yes Yes Yes (N)
Landscaping and Open Space
Minimum Permeable Surface/Maximum
Paving in Street-Facing Yards (%)
60/50 60/50 60/50 60/50 60/50 60/50 (O)
Minimum Site Area Devoted to
Landscaping (%)
25 15 (E) 15 Yes 15 15
(E), (P); See also Section
11.4.30.015
Planting Required on Downslope Lots Yes Yes Yes Yes Yes Yes (Q) Pedestrian Walkways — — Yes Yes Yes Yes (R)
Other Development Standards
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Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100; (W) 2-Story Cabanas/Manufactured Homes — — — — Yes — (S)
Roof Decks Yes — Yes Yes Yes Yes (T)
Solar Access Yes Yes Yes Yes Yes Yes See Section 11.4.10.045 Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter 11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards Landscaping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Signs See Chapter 11.4.25: Sign Regulations
Nonconforming Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Reasonable Accommodations See Chapter 11.5.30: Reasonable Accommodations L-1: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single-Unit dwelling. Exception #1:
Exterior stairways may be permitted on Single-Unit dwellings located within identified flood zones upon approval of an administrative use permit pursuant to Chapter 11.5.20:
Development Permits. Exception #2: Exterior stairways may be permitted on a residential lot to provide ingress and egress to an accessory dwelling unit or junior accessory dwelling unit constructed in accordance with Section 11.4.05.115 of this title.
L-2: Refer to Appendix A - City Council Approved Blanket Setback Variances.
L-3: As used in this section, “living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
L-4: An ADU with a gross floor area between 1,001 and 1,200 square feet is allowed provided a minimum of one parking space is provided for the ADU.
Housing Constraints City of Seal Beach | C-13
Table C-5: Residential Development Standards for Commercial/Mixed-Use Zoning Districts C-14 | City of Seal Beach Housing Constraints
Housing Constraints City of Seal Beach | C-15
Parking Requirements
Regulations for Off-Street Parking and Loading are provided in Chapter 11.4.20 of the Municipal Code. The City’s parking requirements for residential uses vary by residential type. Single-family dwellings require two garage parking spaces per unit with up to 5 bedrooms, three spaces for homes with 6 bedrooms, plus one additional space for each bedroom over 6. In Surfside and in the RLD-9 and RHD-20 districts, the required number of spaces may be reduced by one space if suitable driveway parking is available. Multi-family dwellings require two covered parking spaces plus one uncovered guest spaces for each seven units. A reduction in required parking can be approved through the CUP process (Section 11.4.20.020.B). The parking requirements are summarized in Table C-6 below.
In order to enhance the development feasibility of small apartments, the Municipal Code was amended in 2013 to reduce the required off-street parking for studio and one-bedroom apartments in multi-family projects to one space when the units are reserved for low- or moderate-income households. As part of the Zoning Code Update, to facilitate housing, including the development of “affordable-by-design” units, the City will reduce its parking requirement for studios and onebedroom units from 2 spaces to 1 space under Program 3j (Reduce Parking Requirements for Studios and 1-Bedroom Units).
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Table C-6: Residential Parking Requirements
Type of Unit Minimum Parking Space Required
Single-Unit Dwelling 2 spaces per studio unit
Attached or Detached Single-Family Dwellings 2 spaces per dwelling unit for each unit with up to 5 bedrooms.
3 spaces per dwelling for each unit of 6 bedrooms or
more plus 1 additional space for each bedroom
above 6 total bedrooms in the dwelling unit
All required spaces must be located in a garage
except that parking for single-unit dwellings with 6+
bedrooms in Surfside and in the RLD-9 and RHD-20
districts may be reduced by one space if driveway
parking is available.
Multi-Family Units 2 spaces per dwelling unit plus
1 guest space for every 7 units
(1 space for studio and 1-bedroom units when
restricted to low/moderate-income tenants)
All spaces except guest spaces must be located in a
garage or carport.
Accessory dwelling units 1 space per unit.
Small Family Day Care No additional spaces required (besides the required spaces for the residential dwelling)
Large Family Day Care 1 space per employee, with a minimum of 3 provided Group Housing 0.5 space per unit
Senior Citizen Housing 0.5 space per unit
Transitional Housing 0.5 space per unit
Residential Care, General 1 space per 2 employees, plus 1 space per facility vehicle
Residential Care, Limited None required above the requirement for the residential dwelling type
Residential Care, Senior 1 space per 5 beds
Live/Work Unit 1 space per unit for each unit smaller than 1000 square feet
1.5 spaces per unit for each unit containing 1000
square feet or greater floor area or 2 or more
bedrooms
Source: Seal Beach Zoning Code, Table 11.4.20.015.A.1 State law prohibits cities from imposing parking standards on most ADU’s including those located within ½ mile of public transit. 2. States law also prohibits requiring the replacement of parking for conversion of an existing garage, carport conversion, or if a covered parking structure is demolished to be replaced with an ADU or is converted to an ADU.
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Planned Development (PD) Overlay District
The purpose of the Planned Development Overlay District (–PD) is to provide for detailed review of development that warrants special review and deviations from underlying development standards. This overlay district is also intended to provide opportunities for creative development approaches that will achieve superior design solutions to that which would be possible if the project were built in full compliance with the required standards of the base district, and will not cause a significant adverse impact on residences to the side, rear, or directly across a street with respect to solar access, privacy and compatibility. Currently there is only one area of the City within a –PD overlay – Leisure World.
The land use and density requirements within a –PD Planned Development Overlay District shall be those of the underlying base district. An application for a Planned Development and any amendment to the Plan shall be processed in accordance with the procedure for conditional use permits.
The City Council may approve a Planned Development Plan that deviates from the minimum lot area, yard requirements, building heights, and other physical development standards defined in the base district, while ensuring compliance with the land use and density requirements of the base district. Physical development standards may be modified if the Planned Development Plan includes examples of superior community design, environmental preservation and/or public benefit amenities.
Prior to submitting an application for a Planned Development Plan an applicant proposing a project over one acre in gross area or that includes publicly owned land is required to schedule a pre-application study session with the Planning Commission to discuss the general acceptability of the project proposal, issues that need to be addressed, and the need, if any, for any interagency coordination. This preliminary consultation helps to streamline the development review process by identifying issues early in the planning process.
Findings for Approval. The City shall approve a PD Overlay District Zoning Map Amendment and Planned Development Plan only if all of the following findings are made:
• The project meets all of the findings required for a conditional use permit pursuant to Section 11.5.20.020: Required Findings and the finding that the approved plan is consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan and any specific plan.
• Development within the PD Overlay District is demonstratively superior to the development that could occur under the standards applicable to the underlying base district and will achieve superior community design, environmental preservation, and/or substantial public benefit. In making this determination, the following factors shall be considered:
o Appropriateness of the use(s) at the proposed location.
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o The mix of uses, housing types, and housing price levels. o Provision of units affordable to persons and families of low and moderate income or to lower income households.
o Provision of infrastructure improvements.
o Provision of open space.
o Compatibility of uses within the development area.
o Quality of design, and adequacy of light and air to the interior spaces of the buildings.
o Overall contribution to the enhancement of neighborhood character and the environment of Seal Beach in the long term.
o Creativity in design and use of land.
Because the PD overlay district creates additional options for projects within the overlay, it does not pose a constraint to residential development.
Specific Plans
Chapter 11.3.25 of the Zoning Code allows the adoption of specific plans pursuant to State law.
The City has five specific plans. Only the Hellman Ranch Specific Plan and DWP Specific Plan allow for residential uses, and both are fully developed.
Development Agreements
On August 23, 1999, the City adopted Ordinance No. 1440-A, approving a Development Agreement (DA) between the then-owner of the Old Ranch Golf Course and the City, entitled Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997 - Bixby Ranch Towne Center Development Project, August 23, 1998 for the Bixby Ranch Towne Center Development Plan. Pursuant to Sections 3.1.1.3 and 3.2.5.11 of the DA, the owner agreed that uses on parcels within the Golf Course are restricted for a thirty-year period to the following:
commercial golf course, public or private; golf course clubhouse; golf driving range and appurtenant driving range uses; golf course maintenance operations; open space; landscaping, and parking for golf course uses. These land use restrictions will end in 2029. The underlying General Plan and zoning provisions applicable to the Golf Course would not currently operate as a constraint on development in the absence of the DA. The Golf Course is designated in the Land Use Element of the General Plan as Quasi-Public (Open Space/Golf), and the property is zoned Recreation Golf (RG); under the Zoning Code, single-unit residential and multi-unit residential are allowed in the RG zoning district with a conditional use permit in conjunction with a golf course.
Effects of Zoning Regulations on the Provision of Low- and Moderate-Income Housing Zoning regulations have a considerable effect on the development of low- and moderate-income housing. In urban areas, and particularly coastal jurisdictions, high land costs can make affordable housing infeasible without large public subsidies.
Housing Constraints City of Seal Beach | C-19
In 2004, State law was amended (AB 2348) to identify “default densities” that are considered suitable for lower-income housing. For small metropolitan jurisdictions with less than 25,000 population, the default density is 20 units/acre. However, Seal Beach’s population threshold was adjusted above the 25,000-person threshold in 2022, making the new default density 30 units/acre.
Some of the existing Residential High Density (RHD) zoning districts allow densities of 30 units/acre or more, with designations for 33 and 46 units per acre.
Development standards in the RHD districts allow projects to be built at or near the maximum densities. Height limits are 25 feet in the RHD-20 district, allowing for 2-story structures consistent with a voter-approved height restriction; and 35 feet in the RHD- 33 and RHD-46 districts, which allows 3-story structures. Other development standards such as setbacks and lot coverage are typical for the allowable densities. These regulations help to facilitate the production of low- and moderate-income housing.
During the 2010 comprehensive Development Code update process, architects and builders indicated that development standards do not pose any significant constraints to achieving maximum allowable densities. However, nearly all residentially-zoned land is developed, and there is limited capacity for additional housing on these properties. As discussed in Appendix B, the greatest potential for additional residential development is within underutilized commercial areas.
The lack of vacant land is a constraint to new housing development. The City will rezone various parcels in the City to provide additional sites for residential development. This action will require the creation of a new mixed-use zoning district. The City intends to collaborate with design professionals, affordable housing developers, and affected property owners to ensure the new mixed-use standards can result in higher density development that includes an affordability component.
However, due to the lack of vacant land, the City expects developers will rely in part on density bonus provisions to ensure new residential developments include affordable units in developments (refer to Housing Element Program 1c). The City will also revise to its Density Bonus Ordinance to provide incentives for the provision of affordable units (Program 2a).
Seal Beach is committed to implementing a review process and development standards which facilitate, and do not serve to constrain, quality multi-family housing.
Local Coastal Program
Seal Beach does not currently have an approved Local Coastal Program (LCP). As a result, all projects located within the portion of the city that is within the Coastal Zone are subject to review by the California Coastal Commission. This additional requirement represents an impediment to housing development within the Coastal Zone. To address this issue, the City is currently working on the preparation of an LCP. An Ad Hoc General Plan/LCP Committee has been established to provide guidance to staff in this effort. Program 3c describes the City’s efforts toward the C-20 | City of Seal Beach Housing Constraints
completion of the LCP during the current planning period. Completion of the LCP is targeted for 2025, depending upon funding availability and review times.
While a certified LCP will allow the City to have local control regarding coastal zone land use decisions, the City will still be responsible for implementing the Coastal Act. Policy directives from the California Coastal Commission and HCD often conflict with each other, creating challenges for cities like Seal Beach where a significant portion of the jurisdiction and its residential base is located within the coastal zone.
Provisions of the Coastal Act can come at the detriment of maximum unit yield for residential developments within the coastal zone. For example, the recent Ocean Place housing development at Marina Drive and 1st Street (known as the DWP Property in the former Housing Element) submitted Coastal Development Permit (CDP) Application No. 5-13-003 to the Coastal Commission in 2013 to create a 6.4-acre passive open space park and 32 residential units on the remaining 4.5 acres. The site was originally zoned for visitor-serving commercial use in the 1980s.
Coastal Commission originally denied the proposal, on the basis that changing land use from visitor-serving to residential use was inappropriate. A staff report from the Coastal Commission dated August 11, 2014, specifically states: “Private residential use, which is a low priority use under the Coastal Act, is not one of the allowed uses.” This statement is followed by: “The applicant continues to propose a residential use, which is a low priority use under the Coastal Act.”5
The applicant and the City had to spend extensive time and resources to demonstrate that market conditions have changed in the forty years since the visitor-serving use was originally established.
Coastal Commission staff preference for the site to be used as a hotel/motel, park, or other visitorserving commercial over residential use is reiterated several times in documentation associated with this CDP. The project was ultimately approved in March 2015, after two years of complex permitting and negotiation with Coastal Commission.6 Several conditions of approval and project changes were imposed by the Coastal Commission, including:
• Park proposal changed from a passive park to active park, including addition of several amenities adding cost to the developer.
• Park and trail improvements must be open for use by the general public prior to any residential occupancy.
• Parcel along Marina Drive was required to be dedicated free of charge, to be developed with visitor-serving uses including lower-cost overnight accommodations. 5 California Coastal Commission, Staff Report: Appeal of Executive Director Determination, Dispute Resolution No. 5-13-1233-EDD, Submitted June 17, 2014, Staff Report Published August 1, 2014. 6 California Coastal Commission, Staff Report: Revised Findings, Application No. 5-12-1233, filed October 21, 2014 and approved March 12, 2015.
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Over 60% of Seal Beach is located within the Coastal Zone. The Coastal Commission’s directive clearly favors uses other than residential on vacant parcels within the coastal zone, which poses a significant regulatory barrier to additional housing projects in over half of the city. CDP processing further complicates the approval process and introduces entitlement risk for a developer. There is also a financial burden for CDP processes that extend into several years or require additional studies to be submitted for Coastal Commission consideration. After the City has an approved LCP, there still is the potential for future residential project challenges and appeals to be raised to the Coastal Commission for decision-making purposes.
Further, sea level rise now must be taken into consideration when issuing CDPs per Coastal Commission’s directive. In 2019, a project applicant submitted a CDP to Coastal Commission proposing a lot split at APN 199-064-55 to build two detached housing units on a single vacant lot. Though this property is surrounded on both sides by residential uses in similar size/density, is not waterfront, and does not currently experience flooding or other sea level rise related impacts, Coastal Commission denied the CDP. The property is mapped within a sea level rise hazard zone in a model called CoSMoS (Coastal Storm Modeling System, prepared by the US Geologic Survey). The basis for this decision was stated as “The proposed project was inconsistent with Section 30253 of the Coastal Act, to minimize risks to life and property and assure stability and structural integrity, as the proposal would effectively increase the density and intensity of use of a site in a manner that is different than if the same density were built on a single, unsubdivided lot, in a highly vulnerable area of Seal Beach.”
The applicant ultimately withdrew the proposal and resubmitted a new application in 2021. This new application included the same development footprint but eliminated the lot split component and was approved with conditions as application No. 5-20-0646. While the desired density was accomplished without the lot split, Coastal Commission has now introduced concern that lot splits and lot line adjustments in other inland parts of the city will be prohibited in the future Coastal Commission will continue to evaluate properties within Seal Beach against CoSMoS Sea level rise modeling and the City of Seal Beach Sea Level Rise Vulnerability Analysis, both of which indicate significant portions of the City may be at risk in the future.
Coastal Commission reluctance to increase density can also be found in the Coastal Commission’s decision-making regarding ADUs and off-street parking requirements. While Government Code Section 65852.2 and the Seal Beach Municipal Code Section 11.4.05.115 allow some types of ADUs to be exempt from parking requirements, the Coastal Commission historically has not permitted ADUs created through garage conversion projects that eliminate parking in the coastal zone.7 The basis for this decision is that eliminating off-street parking would 7 The Coastal Commission affirmed this practice recently in its guidance memorandum dated January 21, 2022, entitled “Updates Regarding Implementation of New ADU Laws.” This guidance memorandum was issued following the 2020 enactment of AB 68, AB 587, AB 881, AB 670, AB 671 and SB 13.
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require residents to park on-street, thus taking away parking spots from potential visitors, particularly in high visitor-serving areas and/or areas with significant public recreational access opportunities, and where on-street parking is heavily used. Allowing for parking exemptions to be made for specific types of ADUs is anticipated to be included in the Seal Beach LCP, but further coordination and approval from Coastal Commission will be required on this topic.8 Lastly, as a condition of certain CDPs, some residential properties have deed restrictions that require property owners to waive their right to future shoreline protective devices. Depending how sea level rise hazards materialize, property owners in Seal Beach with recorded waivers would be prohibited by Coastal Commission to construct protective devices. This could result in residential unit loss in the future, and an overall negative impact on housing stock and availability.
Based on the examples covered above, land use decision making and policy directives from the California Coastal Commission significantly impact residential development within the coastal zone. Because directives from the Coastal Commission and HCD may be in conflict, cities like Seal Beach face challenges in trying to meet the expectations of both agencies. The adoption of the LCP and the addition of procedures for CDP waiver or other types of expedited processing, will eliminate a significant time constraint and reduce the level of uncertainty developers face when proposing residential development in Seal Beach.
Provisions for a Variety of Housing
Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, persons needing emergency shelter, transitional or supportive living arrangements, and single room occupancy units. The City’s provisions for these housing types are discussed below. Many of these households also fall into the extremely-low-income category.
Definition of “Family”
The Municipal Code defines “family” as “1 or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a “family” need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.” This definition is consistent with current law.
Group Homes
The Municipal Code defines Group Home as:
“A dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency which provides 24-hour non-medical care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Includes: children’s homes; orphanages; 8 The guidance memorandum also emphasizes the need to ensure that new ADUs or JADUs protect coastal resources
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rehabilitation centers; self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of Medical Services - Extended Care.”
Group homes are permitted in the RHD district subject to approval of a Minor Use Permit by the Planning Commission. There are no separation requirements for group homes. However, in order to comply with State law and remove governmental constraints and facilitate special needs housing, the City will amend its Zoning Code as described in Program 3g (Facilitate Residential Care Facilities/Group Homes).
Residential Care Facilities
The Municipal Code allows facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. This category excludes transitional housing and community social service facilities. (§ 11.4.85.020.N) Three types of residential care facilities are recognized in the Code:
1. Residential Care, General. A residential care facility providing 24-hour non-medical care for more than 6 persons in a single unit in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.
These facilities are conditionally permitted in the RHD (High-Density Residential), PO, (Professional Office), SC (Service Commercial), and GC (General Commercial) districts. Residential care, General uses are subject to the following required findings:
a. The proposal is consistent with the general plan and with any other applicable plan adopted by the city council;
b. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code;
c. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints;
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d. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and
e. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use.