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HomeMy WebLinkAboutCC Ord 1531 2004-09-27 ORDINANCE NUMBER J '5 3/ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 30(0) ZONE, SECTIONS 28-450 THROUGH 28-456; AND TO MAKE OTHER CONFORMING AMENDMENTS I WHEREAS, On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An 1.terim Ordinance of the City of Seal Beach Enacted Pursuant to Califomia Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other La.!ld Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area DUI'!.ng th" Pendency of the City's Review and Adoption of Permanent Zoning Reg.llations for Sur.h Uses and Declaring the Urgency Thereof, and subsequently extended the effective period of this ordinance until January 7, 2005 by the adoption of Ordinance Number 1517 on February 23, ~004; and WHEREAS, The subject properties are located in the Residential Low Density, Ji>istrict II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City, and I WHEREAS, The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP-I-66, and the subject properties have been developed in accordance with the provisions of PP-I-66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front-entry or side-entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist; and WHEREAS, Tracts No. 6345 and 6346 are subject to recorded CC&R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC&R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the terms of the recorded CC&R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346; and WHEREAS, On March 17, 2004 the Planning Department staff conducted an initial I Public Information Meeting regarding this issue. At the conclusion of that meeting it was determined to schedule another meeting to allow staff to present to the neighborhood a set of .. proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precisf Plan av~m;lVals and the recorded CC&R's; and .' il WHEREAS, On April 12; 2004 the; Planning Department staff conducted their second Public Information Meeting regarding t~e issue. At this meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to' questions were provided both written and orally. Based on the questions and comments a revised "Final Draft Residential Low ," '" " . " l 'I i' I I I . Ordinance Number 1':531 .j . '. .; '. 4 ~ .. ' Density 3000" zoning classification and proposed development standards was prepared for final presentation to the neighborhood; and ' WHEREAS, On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current Zoning Ordinance standards as applied to the Bridgeport area; and WHEREAS, The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1-66 and the applicable CC&Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future ~lanning DfPartment anq Building Department staff, and the future owners of properties in Bridgeport have a ci~ar indication in the Zoning Ordinance as to the required development standards that ,are applicable 19 each tract, a separate table is incorporated into the zoning ordinance that' sets forth the major development standards imposed either by Precise Plan 1-66 or the applicable CC&R documents; and WHEREAS, The Planning Commissifln conducted a public hearing regarding Zone Text AmendmeQ.t 04-3 on August 18, 2004 and has recommended approval of said Zone Text Amendment through the adoption of Planning Commission Resolution 04-43; and WHEREAS, On September 13, 2004 the City Council conducted a public hearing to consider Zone Text Amendment 04-3, and received testimony regarding the proposed Zone Text Amendment. NOW, THEREFORE, THE ,CITY C&UNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: " , Section 1. Section 28-300.2(a) or'Article 3 or'Title 28 of The Code of The Citv of Seal Beach is amended to read as follows: "(2) The zones are described as follows: (a) RLD (i) (ii) Residential low density zones; RLD - 5000 Residential Low Density Zone RLD - 3000 Residential Low Density Zone" Section 2. Article 4 of Title 28 of The Code of The City of Seal Beach is hereby deleted in its entirety and replaced with the following: "Article 4. Residential Low Densitv Zone - 5000 (RLD - 5000 Zone) Section 28-400. A. Permitted Uses. (I) One dwelling unit on each lot,ofrecord; (2) Accessory buildings or structures including private garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided In Title 7,Chapter 7.05, Animals; , ' " Ordinance Number 153/ (5) Home occupations; (6) Twenty-four hour foster care homes; Small family day care homes, caring for up to 6 children; (7) (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit; I (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback I foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of ' Section 28-407. B. Conditionallv Permitted Uses. I (I) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and colleges; (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) (b) (c) (d) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child. The outdoor play area shall be contiguous usable area, enclosed by a 6-foot high masonry wall. Any gate entry shall be securely fastened and self- closing. Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed. All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department. I , ~ .. Ordinance Number I~3J . (e) The applicant sh~l submit a copy of the Orange County Social Services License prior to the operation of the day care facility. The applicant shall obtain a City business license prior to the operation of the day care facility. In addition to the 2 required covered parking spaces, I on-site parking' space shall be provided for each employee other than the operator, and I drop-off- pickup space shall be provided on-site or in)mediately adjacent to the subject property. I (t) (g) C. Prohibited Uses (sinl!1e-familv dwellinl!s). (1) Exterior stairways providing access from the ground level and/or the first floor to the second floor or above, when such stairways are not specifically required by the California Building Code. Excepting such stairways may be permitted through the building permit process in Planning District V 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-family dwelling. ExceDtion: Exterior stairways may be permitted on single- family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. I Section 28-401. General Provisions. Lot Size. Ooen SDace. Bulk and Yards. A. Minimum lot size: Width, interior lot.................................................................................. 50 ft. Width, corner lot ........................:.......................................................... 55 ft. Depth .................................................................................................... 100 ft. . Area, interior lot.......................!..................................................5,000 sq. ft. I Area, corner lot ...........................................................................5,500 sq. ft. B. Density, lot area per dwelling unit: ..................................,'..........5,000 sq. ft. C. Minimum floor area: Primary Dwelling Units ..............................................................1,200 sq. ft. Efficiency Second Dwelling Units.................................................150 sq. ft. One-Bedroom Second Dwelling Units ..........................................400 sq. ft. Two- or more Bedroom Second Dwelling Units ...........................600 sq. ft. D. Maximum heil!ht. main buildinl! and , Second Dwellinl!: Units ................................................2 stories max. 25 ft. (1) Ocean Avenue betwee~ First and Eighth Streets: Maximum height shall be 2 stories, or 25 feet, measured at the wall of the building nearest Ocean Avenue and the height of this roofline shall not be exceeded on the remainder of the lot I E. Maximum heil!ht. accessorv building: ..................................................15 ft. F. LandscaDinl!: ................................ 40% of Required Front Yard (minimum) G. Maximum floor area for Second Dwellinl! Units: Detached Second Units..................................................................800 sq. ft. Attached Second Units........................................... 30% of existing Primary Dwelling Unit living area Ordinance Number I ~ 3 J H. Maximum lot coveral!e: ......................................................................... 45% (I) Ocean Avenue between First and Eighth Streets:...................... 60% (2) College Park East:..................Open patio covers permitted which do not exceed five percent of the lot area. I. Yard Dimensions (Minimums): (I) Front Yard Abutting Street .J............................ 18 ft. front entry garage ................................................................................10 ft. side entry garage (a) Ocean Avenue between First and Eighth Streets: Front-entry garages only are permitted:............................... 18 ft front yard , setback required (b) Except where 2nd floor decks existing as of January I, 200 I extend into the front yard setback area. In such situations, the second floor setback shall be the edge of the existing deck. I (c) Living area must observe eighteen-foot front yard setback, except over a side entry garage where the living area may encroach to the front wall of the building and in no case less 'than ten feet from the front property line. (2) Side Yard Abutting Street ..............................................15% lot width; ............................................................................ Maximum required 10 ft. (3) Rear Yard Abutting Street and other Area Specified in Section 28-2316.2.(H)................................. 10 ft., except for the following: (a) Detached covered patio roofs, gazebos (over 50% of perimeter open) and sun screens (over 50% of perimeter open) are permitted within five (5') feet subject to the issuance of a building permit. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line, are subject to the maximum lot coverage requirement, shall have a maximum covered area of 200 square feet and a maximum perimeter dimension (on anyone side) of fifteen (15') feet. I (i) Subject to the issuance of a conditional use permit, and bound by all conditions of paragraph I above as well as any conditions imposed through the issuance of the use permit, the above listed structures may be constructed to the rear property line. (b) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plsn review approval. Such structures shall have a maximum height of twelve (12') feet when located within five (5') feet of the rear property line and are subject to the maximum lot coverage requirement. (4) Side Yard Not Abutting S~et ......................................................... 5 ft. Ocean Avenue between First and Eighth Streets: ...................................10% lot width; Minimum required 3 ft. I (5) Rear Yard Not Abutting Street .....................................................10 ft.; ...........................:..........:......~:.........except for the following exceptions: .1 (a) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar pla1'l: revie,W approval. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line and are subject to the maximum .,., :1 Ordinance Number . I 53/ lot coverage requirement. Additionally, such structures shall have a maximum covered area of 150 square feet and a maximum perimeter dimension (on anyone side) of twelve (12')'feet. I (b) Uncovered deckS designed as a level extension of the flat graded portion of a lot!' on thbse certain properties in the Residential Low Density Zone Which abut the Hellman Ranch or Gum Grove Park, may be approved 'by the Planning Commission through the conditional use permit process. (c) Ocean Avenue between First and Eighth Streets.......... 96 ft. (i) Walkway may extend a maximum of ten (10) feet into the rear yard. Balcony/deck may extend or project a maximum often (10) feet into or over the rear yard in the area 6elow or at the second floor level (from street). Above the second floor level, eaves may project a maximum of five (5) feet over the rear yard, subject to Planning Commission approval of a consent calendar plan review application. Section 28-402. Reauired Parkinl!. Parkinl! SDace Size. Form and Tvoe. A. Parkinl! Dimensions Der sDace: .................................................10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions I B. Number of sDaces Der unit: Primary Dwelling Units ...............................................................................2 Second Dwelling Units ........................................... 1 per Efficiency Second Dwelling Unit or per bedroom for non-Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One- Bedroom Second Dwelling Unit have two parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. C. Form: Primary Dwelling Units ................................................. Open & Accessible Second Dwelling Units ................................ Open & Accessible or Tandem Notwithstanding the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions." D. ~: ..................................................................................................Garage I ........................................................................................................................ Garage , . ........................................................................................................................ , ' E. , " (~r carport by conditional use permit only) Church Darkinl!: One space for: each five fixed seats or one space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. ~' Ordinance Number ~ Section 28-403. The Effect of Nonconforminl! Parking Soace Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non-conforming building shall not apply to residential buildings which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the minimum size of an existing nonconforming parking space is nine feet by nineteen I feet interior dimensions with a minimum of twenty- four foot turning radius. Section 28-404. Use of Garal!es and Caroorts. All required garages and carports shall be used for short term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking of licensed passenger motor vehicles. Section 28-405. (Reoealed). Section 28-406. Roof-Mounted Mechanical Eauioment. Roof-mounted mechanical equipment shall be architecturally screened. Section 28-407. Second Dwelling unit!!. A. Definitions. (1) "Second Dwelling Unit" means an attached or a detached residential dwelling unit which ll!Ovides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. A Second Dwelling Unit also includes Efficiency Units and Manufactured Homes, as those terms are defined below. A Second Dwelling Unit is not an "Accessory Building." I (2) "Efficiency Unit" means a separate living space with a minimum floor area of 150 square feet which contains partial kitchen or bathroom facilities. (3) "One-Bedroom Unit" means a separate living space that contains a living room, one bedroom, and full kitchen and bathroom facilities. (4) "Two-Bedroom Unit" means a separate living space that contains a living room, two bedrooms, and full kitchen and bathroom facilities. (5) "Manufactured Home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured, Home" shall also include any structure which meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for manufactured homes and the standards set forth for manufactured homes in the California Health and Safety Code. I I; II ", I G. I Ordinance Number /63/ ..., . ~ B. Second Dwellinl! Units Permitted. An application for a Second Dwelling Unit that meets the standards contained in this section shall be approved ministerially without discretionary review or public hearing. C. Primary Dwellinl! Unit. A legal singl~-family dwelling (the "Primary Dwelling Unit") must exist on the lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. D. Indeoendent facilities. A Second Dwelling Unit shail provide independent living facilities for one or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Zoninl! reauirements. A Second Dwelling Unit shall comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. F. Ownership. The property shall be the primary residence of the property owner. The owner must occupy either the Primary Dwelling Unit or Second Dwelling Unit as his or her primary principal residence. Deed restriction. The Second Dwelling Unit shall not be sold, transferred, or assigned separately from the Primary Dwelling Unit. Before obtaining a building permit for the Second Dwelling Unit, the owner of the lot or parcel shall. file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: (I) The Second Dwelling Unit shall not be sold separately. (2) The Second Dwelling Vnit shall be considered legal only so long as either the Pri'rriary Dwelling Unit or the Second Dwelling Unit is occJpied by the' owner of record of the ," , property. (3) The restrictions shall, be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. H. ImDact on Historic resources. No Second Dwelling Unit may be approved if located on, or adjacent to, real property that is listed on the California Register of Historic Places. I. Architectural Comoatibilitv. The Second Dwelling Unit shall incorporate the same or similar architectural features, building materials and colors as the main dwelling unit or dwellings located on adjacent properties." I Section 3. Article 4.5 of Title 28 of The Code of The Citv of Seal Beach is hereby added to read: "Article 4.5 Residential Low Density Zone - 3000 (RLD - 3000 Zone) Section 28-450. A. Permitted Uses. (I) One dwelling unit on each lot of record; Ordinance Number /531 I (2) Accessory buildings or structures including private garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided In Title 7,Chapter 7.05, Animals; I (5) Home occupations; (6) Twenty-four hour foster care homes; (7) Small family day care homes, caring for up to 6 children; (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit; (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback I foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28-407. I B. Conditionally Permitted Uses. (I) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and <;olleges; (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) (b) (c) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child. The outdoor play ar~a shall be contiguous usable area, enclosed by a 6-foot high masonry wall. Any gate entry shall be securely fastened and self- closing. Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day eare home on the street for which the home is proposed. I I I I ,.. r Ordinance Nwnber I S3/ (d) All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department. The applicant shall submit a copy of the Orange County Social Services License prior to the operation ofthe day care facility. The applicant sHall obtain a City business license prior to the, operation br the day'care facility. I II, I'll I In addition to tile' 2 reqUired covered parking spaces, I . 'I. I I on-site parking. space shall be provided for each employee other than the 'operator, and 1 drop-off-pick- up space shall be provided on-site or immediately adjacent to the subject property. (e) (f) (g) . C. Prohibited Uses (sinl!le-familv dwelJinl!s). (I) Exterior stairways providing access from the ground level and/or the first floor to the second floor or above, when such stairways are not specifically required by the California Building Code. Excepting such stairways may be permitted through the building permit process 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-family dwelling. - Exceotion: Exterior stairways may be permitted on single- family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. (2) Roof decks. Section 28-451. General Provisions. Lot Size. Ooen Soace. Bulk and Yards. A. Minimum lot size: Width, interior lot.................................................................................. 30 ft. Width, corner lot ................................................................................... 35 ft. Depth..................................................................................................... 80 ft. Area, interior 10t..........................................................................3,000 sq. ft. Area, corner lot ...........................................................................3,000 sq. ft. B. Densitv. lot area oer dwellinl! unit: .............................................3,000 sq. ft. C. Minimum floor area: Primary Dwelling Units ..............................................................1,200 sq. ft. Efficiency Second Dwelling Units.................................................150 sq. ft. One-Bedroom Second Dwelling Units ..........................................400 sq. ft. Two- or more Bedroom Second Dwelling Units ...........................600 sq. ft. D. Maximum heil!ht. main buildinl! and Second Dwellinl! Units: ..............,................refer to Tables I through 3 II , ',' M. h 'I!h b 'l'i!' I' ! , ft axnnum e! t. accessorv u! IDg:,..~....;.........,...............................15 . . . I LandscaolDl!: ............................:::.~......:.......:.......rc:fer to Tables I through 3 E. F. G. Maximum floor area for Second'Dwellinl! Units: , Detached Second Units .............,...................................................800 sq. ft. Attached Second Units........~.................................. 30% of existing Primary Dwelling Unit living area Ordinance Number 153/ H. Maximum lot coveral!e: ......................................................................... 67% I. Yard Dimensions (Minimums): ..........................refer to Tables 1 through 3 Section 28-452. Reauired Parkinl!. Parkinl! Soace Size. Form and Tvoe. I A. Parkinl! Dimensions oer soace: .................................................1 0 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of soaces oer unit: (I) Primary Dwelling Units: (a) Tract 9814. ......... ..........................................refer to Table 3 (b) All other tracts......................................................................2 (2) Second Dwelling Units:, ..........:.................. 1 per Efficiency Second Dwelling Unit or per bedroom for non-Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One-Bedroom Second Dwelling Unit have 2 parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. C. Form: I (I) Primary Dwelling Units .......................................... Open & Accessible (2) Second Dwelling Units.......................... Open & Accessible or Tandem Notwithstanding the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions." D. IYill1: .................................................................................................. Garage E. Church oarkimz: 1 space for each 5 fixed seats or 1 space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. Section 28-453. The Effect of Nonconforrninl! Parkinl! Soace Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non-conforming building shall not apply to residential buildings I which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensioqs of Pl!I'~ing spaces or garages, provided the minimum size of an existing nonconforining parking space is 9 feet by 19 feet interior dimensions with a minimum of a 24 foot turning radius. Section 28-454. Use of Garal!es and Caroorts. All required garages and carports shall be used for short term parking oflicensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking of licensed passenger motor vehicles. ': ,. I. I I I ) Ordinance Number 'J '531 , :j . Section 28-455. Architectural Committee Aooroval Reauired. The City shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those Tracts within the RLD-3000 Zone that have an legally constituted Architectural Committee, as has been submitted to the City. Section 28-456. Roof-Mounted Mechanical Eauioment. mechanical equipment shall be architecturally screened. Roof-mounted RLD - 3000 Zone Specific Tract Development Standards TABLE 1 . TRACT ,6345 II Development Standard Required Standard - Building Setbacks: Front Yard: First Floor 6 feet - Lot 30 and 31. 8 feet - All remaining lots. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet on one side - opposite side yard is O-foo~ minimum,setback. Street Side Yard. 3 feet. Height Limit: 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential strudure. Number of Stories: 2-Story Lots - Maximum of 24 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. ProJections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves - Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. Ordinance Number I ~3J RLD - 3000 Zone Specific Tract Development Standards TABLE 2 - TRACT 6346 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 8 feet - All lots except Lots 1 and 6. 7 feet - Lot 1; 4 feet - Lot 6. o. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet. Opposite Side Yard o feet. Street Side Yard 3 feet. Height Limit: 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential structure. Number of Stories: 2-Story Lots - Maximum of 38 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. ProJections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves - Rear Yard 1 foot into public alley (includes garage door in open pot.;tion). - Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. I I I I I I .' .,' .{ Ordinance Number 1'53/ RLD 3000 Zone Specific Tract Development Standards , TABLE 3. TRACT 9814 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 12 feet":' Lot 1, 4, 6, 9, 15, 17,20,24,25,27,29, 31,33. 10 feet - Lot 2,5,8, 10, 12, 16, 19, 21, 23, 26, 30. 8 feet - Lot 3,7,11,13,14,18,22,28, and 32. 6 feet - Lot 34, 35. Front Yard: Second Floor 30 feet except as follows: 20 feet -' Lot 13, 34, 35. - . Rear Yard , 2 feet - I;,'ots 1 through 24. 8 feet - Lots 25 through 35. Interior Side Yard 6 fee!. (Southwesterly Side) , Interior Side Yard o feet - All lots except Lot 12 and 35. (Northwesterly side) Street Side Yard 6 feet - Lot 1, 24 and 25. Height LImit: , 25 feet overall- Lots 12, 13 and 35. 25 feet overall - 12 feet within 3 feet of an exterior Side Yard - All other Lots. Number of Stories: 1-Story Lots - Lot 1, 3, 7,11,18,22,24,25,28. 2-Story Lots - All remaining lots: Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Architectural Projections: 2 feet - except no fireplace or chimney structure allowed in first floor front yard setback area or rear yard setback area. Required landscaping: Entire front yard setback area except entry walks and driveways. 6 square feet minimum in rear yard setback area. TABLE 3 - TRACT 9814 (Continued) Trash Enclosure: Minimum 2-foot by 4-foot area adjacent to rear yard setback area - all lots except 31, 32, 33, 34, and 35. Patio Area: 240 square foot minimum - adjacent to 6-foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area. Must have 50% open roof area and cannot be enclosed. .' " ,\ Ordinance Number 1'33/ Section 4. Paragraph (a) of subsection 2 of Section 28-300 of Article 3 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(a) RLD-3000 Residential Low Density Zone - 3000;" Section 5. Paragraphs (b) through (0) of subsection 2 of Section 28-300 of Article 3 I of Title 28 of The Code of The Citv of Seal Beach are hereby renumbered as paragraphs (c) through (p), respectively. Section 6. A new Paragraph (b) is hereby added to subsection 2 of Section 28-300 of Article 3 of Title 28 of The Code of The Citv of Seal Beach to read as follows: "(b) RLD-5000 Residential Low Density Zone - 5000;" Section 7. Subsection 1 of Section 211-506 of Article 5 of Title 28 of The Code of The Citv of Seal Beach is hereby revise::! to read as follows: "(1) Other provisions of the RLD-5000 and C-2 zones shall apply." Section 8. Paragraph (1) of subsection A of Section 28-700 of Article 7 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: "(I) All uses permitted in the RLD - 5000 Zone." Section 9. Paragraph (1) of subsection B of Section 28-700 of Article 7 of Title 28 of The Code of The Citv of Seal Beach is bereby revisr.d to read as follows: "(I)' Unless otherwise permitted in Subsection A, all uses prohibited in the RLD - 5000 Zone." I Section 10. Paragraph (I) of subsection A of Section 28-800 of Article 8 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: "(I) All uses permitted in the RLD - 5000 and RMD Zones." Section 11. Paragraph (I) of subsection B ofS'ection 28-800 of Article 8 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: "(I) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD - 5000 and RMD Zones." Section 12. The title of Article 10 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: "Article 10. Mobile Homes on RLD - 5000 Single Family Lots" Section 13. Subsection I of Section 28-1804, Permitted Sims. of Article 18 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: I "(1) RLD - 5000, RLD - 3000, and RMD Zones. The following signs are permitted in the RLD - 5000, Rill - 3000, and RMD Zones:" Section 14. Paragraph (a) of subsection 2 of Section 28-1804, Permitted Sims, of Article 18 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: . "(a) All signs permitted in the RLD I" ?OOO, RLD - 3000, and RMD Zones:" ..~ 1 .' .' Ordinance Number J?3J Section 15. Subparagraph (4) of Paragraph (A) of Subsection (I) of Section 28-2316, Fences. Walls. Hedl!es and Screen Plantim!s, of Article 23 of Title 28 of The Code of The Citv of Seal Beach is hereby revised to read as follows: I "(4) Except in the RLD - 3000 Zone, a wall, fence, hedge, or screen planting not more than forty-two (42) inches in height may be located in the required front yard setback from the point that a six (6) foot high fence, wall or screen planting is permitted to the front property line, subject to the provisions of this section." Section 16. A new Subparagraph (5) is hereby added to Paragraph (A) of Subsection (I) of Section 28-2316, Fences. Walls. Hedl!es and Screen Plantinl!s, of Article 23 of Title 28 of The Code of The Citv of Seal Beach to read as follows: "(5) Notwithstanding the preceding, in the RLD - 3000 Zone, a wall, fence, hedge or screen planting not more than thirty-six (36) inches in height may be located in the required front yard setback from the point that a eight (8) foot high fence, wall or screen planting' is permitted to the front property line, subject to the provisions of this section." Section 17. A ncw Paragraph (L) is hereby added to Subsection (2) of Section 28- 2316, Fences. Walls. Hedl!es and Screen Plantinl!s. of Article 23 of Title 28 of The Code of The Citv of Seal Beach to read as follows: I "(L) Eight (8) Foot Fences. In the RLD - 3000 Zone, eight (8) foot high fences may be constructed where six (6) foot fences are pemlitted by this chapter." Section 18. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 19. The City Clerk shall cause this ordinance to be published In accordance with applicable law. Section 20. Ordinance Number 1517 shall be rendered null and void upon the effective date of this ordinance. PASSED, APPROVED AND ADOPTED b~ the City Council of the City of Seal Beach at a meeting thereof held on the Ol. ,.Jh day of . ~.1 f4P/h'l ~/( , 2004. I ~q May~ ATTEST: ~' ~4 ity lerk ~(;-? )t-V;,/ Ordinance Number ~ STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number Jt::) 3 J on file in the office ~the City Clerk, introduced at a meeting held on the ) f!:Ju" day of f;f]nn)N/l , 2004, and passed, appro~ and adoP~ Council of th City of Seal Beach at a meeting held on the ,;l? day of ., 'M , 2004 by the following vote: . I AYES: Councilmembers ~,) I /JpALUJn I c1t/}f-t1:t J ~ NOES: Councilmembers ~ ABSENT: Councilmembers ~ ABSTAIN: Councilmembers ~ and do hereby further certify that Ordinance Number ;:53/ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. ~ h~ (k~, ~rk I I PROOf OF PllB'.,ICATlON (~n'15}'; C.C.P.) I .':nAff:: or CALlF-OrlNIA, ( ;ounly uf Orange I ~ --1m a dillen ,)f tile Un!h,cI 8jal~)s "ITld Fl I"t~sictenl' of lhf~ e()un'lV afom- ",aid; , ..m ove, tho 139(') ()f I;'l;rlhtflrm </0<'1,1'1'1, and not A party '0 or in1f.lr.. ,;'_~tf.ld i" Ih'-1 flhnVEl-enlitlecJ matLer. ! :117\ thr.. princlpol c:lf'rk of Ihe prll\Ior "./ 'he :;1t.;AI~.!lt;8Q.t::LS.tJJ',l. a . 'f'WSPHpcr 0/ ~fmem' circl.lliJlion, I "inter! And punlis/)f)d W.00,h,ly in Ille " Ily 01 Q0~.I.Q@[j!,,!l. COl.lnly of .- 'rim!),') "iT,d which n(,lWSpnrer hn:; i IA(~n ndjlJcJ~ed a newspaper I)f ',nll~n.l dl'l;ula'l;on by the SlIperiol , '{\'lrlllllho (;ol,nly of On:lnf,le, Sial€: "'\ (~alif',\llIi:J. umler the clal(~ of ;'i2~j.U5. Luse Number M~fl;!; 1I1al J),r' T)ol'il't" (>1 whit;h Ih(~ (-Annexed ;s 0 ! .nnl(-\(II~I.'PY ($$1 in tYP0 n01 Dtllalle, 'han nonPdreIJ), lum been published ,r, each mqlJlor and entire iflSW~ of lid n':"."I~'I'i'lpH tll)(j 1101 in i1I1Y .,~'~)pfNrwnt Ihoroof on the following hi~(-:!;)l 'o..vvil . ~/ tv; ,I! In lh(! jlf,ar ~On4 · "t'\"tify (n\" d(.\c:I[lft>) unrler pennltv of I ,/ f\UlY Ihnl Ill/!' foregoinq j::> II'IIP ;-m(~ . 'lI1'1XI I 11.,terl nl f1f!_wJll:lnrh. CA I'i,,~, 2.0 rt~y of ~;Jrf... ~.M~__ .__.__._ :.:~, .(j::~, ~~i!JnaILJre · ,( '('ILl. .AnOtJ /-'rtOCESSEfl BY, THE S~Al. BEACH SUN ?16 Main Sll'eol 8p.<l' Beach, CA. 90740 (5~2) 430-'7555 .2004, Ordinance Number,' /'S'JJ This space is l'OI the Counly Clark's Filing Stf.lmp f.'.r20.LQ(Publl~~j<?!l or __ ...""........~..................~..........,....,;........'" ~....~..............~.~....~.....~........ ll1olheelmdsnlheilnclgepc,n area of the Cdy are Tract 6345, 6346 and 9814, The Proposed development standards will. -O_...of_ opmen, standards In the pro- posed RlO 3000 Zone for each tract that reOect rhe pt'OVlsions Of " the appIlCabte CC&R's, I ProhIbit roof decks through- I , out Ihe area based on prevIOus : public comments: 1 , EsIabIsh 1aI.......' '!I and pobo requirements as erther requIred ,by CI\y-wlde zoning standards, or as_speclitjdnlhoapplc, able CC&R document for each lract. NOTICE IS HEREBY GIVEN that the City Council of Ihe City 01 Seal Beach Will hold a public heanng on Monday, September 13, 2004, at7 00 p.m In the CIIY Council Chambers. 211 Eighth Stnlel, Sea' 1leacI1, Cohrcrma, '" consider the following item ZONE TEXT AMENDMENT 04--3 and , ZONE CHANGE 04-1 DEVELOPMENT STAN- DARDS FOR BRIDGEPORT PROPOSED RESIDENTIAL LOW DENSITY-3OOQ STAN. DARDS AND CONFORMING ZONE CHANGE Envlronmentall Review: This f,roject IS Calegoncally Exempt Request: I rom the CaIiIoIRa ErMnnnent8r TOnMserheZonngOrdlnance Quality ACI. Class 5, Minor of the Clly 10 establish achieve PJI:elaIJrjos n l.Jn:t Use l.mmtI:re Internal conststency between the Code Sections: ZOning Ordinance and the 28-300,28-400, 28-2600. ~ RedewIopmenI: Plan and 10 near- Applicant: City 01 Seal Beach poolte varlotls sIar1datds ~ - by vanous .Preclse Pfan- 'PP-) At rhe above time and place all approvals granted by the ity In InIeresled persons may be heard the 1960's for the "Bndgeport- Ifsodeslred. Ifyouc:hallengelhe area All of the properttes Wlth- prcposed a::IIon9 n oourt, you may In the -Bndgeport Area" are cur- be -limited 10 raising only those rently located In the Residential Issues you or someone else Low DenSity (RLD), Dlstnct II raised at lhe pUblic hearing ZOning area oflhe City , described In thiS nohce, or In The City IS proPOSing the cre- wnlten correspondence dellY- a',,", oIa RESIDENTIAL LOW eISd "'.... CIIy of SnlIleacI1 ai, DENSITY..:iOOO ZONE that wdI set or pnor to. the pUblic heanlig IorIh speaflc development stan- DATED Ths 30th dav,of August, dards for the Bridgeport Area 2004 _ that are consistent WIth the pre- Lrnda Devine VIOUS -Precise PIan~ approvals and CIIY Clerk the proVISIonS of the CC&R's for PtbIished In the Seal Beach Sun the three tracts that make up 812&'2004 the Wieport Area . P ENOTE'ftlslhel...... 0' the proposed developmenr sl8ndardsto develop unllorm development standards for the "Bridgeport" area rhlllt art renective 01 the current devel- opment pattern within this area at the City. -It Is not the Intent of this review to Impose stan. dards that will drasllcally change the current develop- ment pallern 01 Bridgeport. The nature of the Issues Involved With the proposed zon. Ing reVISions require amend- ments to the current develop- ment standards as set forth 111 the Zoning Ordmance. In addition. s Zone Change III proposed 10 , change the current zOning des- /lgnatlOR of the "Bndgeport" area from ReSidential Low Denslt)' (RLD), DIstrict II zOning to -ReSidential low Oensrty-3000 Z4!'SR. I' Ordinance Number J 'J ? \ PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp r STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the .5.EAl.- BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California. under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: q /z,-:I; . Proof of Publication of ............................................... ............................................... all in the year 2004. SUM-MARy.:--ro .....:-:-.. ORmNANCENUM'E~1$ri - ZONE TEXT AMENDMENT 04-3 - BRIDGEPORT DEVEL OPMENT STANDARDS I> REVISION, DF RESIDENTIAL LOW DENSITY STANDARDE Ordinance Number 1531 of lilt City of Seal Be8ch WIll amend "" Seal Beach MunIClpBFCode to change the title of. the cUrrent Re&ldentlallow 08nsIty'{RlDY. zoning provlstons to AeSidenhal; Low DenSity -.5000 (RLD ':::' 5000); maintaining the sam"'J development standards fOr 81881l of the City loCated In that zone~ the Gold Coast, the Hill,-CoI1ege:, Park East. and College Park' West, and establISh B ResfdenIfaI LaN QerotIy - 3000 (RLD - 3000) zone Specific to the Bndgeport' area, 'Tracls 6345,' 6346. and 9814, and make other conform.:' Ing amendments conslstent.wlth the provIsions of lhe approved Precise Plans and Covenants,l Condrbons and Ae6tt~tioIlS fOrVlat, area Onflnance Number'1531; was introduced' at' lhe regular" aty Cotrd meebng ri $BpIeirIJo!ii 13th. 2004 and fll'S\ feeding w~J approved by the follOWing vote:l AVES: Antos. Larson.~LevllI: 'Ybaben <" \"",' ......~. NOES' Non&'-' "'-. .It tl? ABSTAIN:-Yost..Mot.on'carn8d;" Ordinance Number 1531 Will: receive second reading and b\ oonstdollldfOradcipo!onalth8l8{f. ular meetJng of September 27th, 2004 Caples at Ordinance Number 1531 are avallab!e In:im tho office of tho City Clork, City Hal, 211 : 8th SIreeI, SoaI BelIch; -tolophone (562) 43~2527 I.". DAiED THIS 14th .day' of September. 2004. "Ii' .::..1 lInda DeVIne. City Clerk: ..... City of Seal Beach .. PubRshed IIllhe Seal Bs8ch Sun; 912312004 ..._. '=-::-'1 I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this ~ day of ~~, 2004. Signature PUBLIC ION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I , Ordinance Number /.S3) PROOF OF. PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp I r STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a.party to or inter- ested in the above-entitled matter. I am the principal clerk of th'e printer of the SEAL BEACH SUN. a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of > general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the 'annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: './7 Proof of Publication of ............................................... ............................................... all in the year 2004. ~;U-M'MA'R y -:'i?:;-, ---, 10RDINANCE NuMBER 1531 ' : ZONE TEXT AMENDMEHr ., ,04-3 BRIDGEPORT DEYEL- .. OPMEHr STANDARDS I . '.' 'REVISION OF ..' '.... ......_ '.RESIDEN'IlAL LOW DENSI- .. TV STANDARDS ' ' :l' ,. - '" ..., . "Ordinance Number'1531 of 1118' . CIty or _Beach... 8n&1d the \Se81 Beech MuniciPal Cede 10 . change Ihe dlle of the current !ReslaenllBI Low Denslly (ALD) :zonlng provIsJons to Residential ,Low Denelly --.5000 (RLD -,-. SOOO).!R):afntainlng the same .deveIoPrrient_for.....' lor the Q1y Ioceled In thaI zone. the Gold CoosI, the H,n, College, ~Park E.B8t,~and COllege Park1 'ViesI,ahd_a_. ':~~-3llOO(RID-3IlOO)i ~~pne s c 10 the Brfdgeportj I area, racts 6345. 6346, 'and: ,9Bj4, and make otherconiorm_ '!N1g amendments consistent Wlth- 'I ,the proviSIOns of the approved: I Precise Plans and Covenants \ ~CaidtIons end --.. forlhei .area Ordinance Number 1531 1recelved second reading and lW8S adopted at the '!'gular City iCoUncll meeting of SBptemberl I~:~,bythe,~",",!,g_., IAYES: Antos, '12rson'" revltt''; IYbaben ,~'.'t' '.'''' ' ~NOES: None~'~:~ .,/,}O:.... I~BSTA'N: Yost, MolI<in canled' ~ , . ~ ~'" '. 1 \ :Coples ot Ordinance 'Nu~ber; 1531 are available from Iha DIfICll, of lire C/Iy Cieri<, CIty'HaU 211', -IIIhSlreel;_BeoicIi;~, (562) 431-2527.., .' '...J ,DATED IT.HIS -29th ~day'o' September, 2004,1, _/0 ... ..' 'Linda Devine, CIty Ciei1C:, f J.~: ,CItv or Seal Beai:h .' I '1"u&I1Shed In the::!",al Beach Suti! :1pn~'~:l'-~I,;, t ::".1 I certify (or declare) under penalty of perjury that the foregoing is true and correct. I Dated at Seal Beach, CA,sthis' dayof~,2004. h-t~J Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ,