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HomeMy WebLinkAboutCC Ord 948 1974-12-09 I r ~I l. , y ,11 " , ORDINANCE NO. 94f3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING DISTRICTS AND ZONES IN THE CITY OF SEAL BEACH AND THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS AND YARD SPACES; PROVIDING FOR THE ADOPTION OF MAPS SHOWING THE BOUNDARIES OF SAID DISTRICTS AND ZONES; DEFINING THE TE~lS USED IN THIS ORDINANCE; PROVIDING FOR ITS ADJUSTMENT, AMENDMENT AND ENFORCEMENT; PRESCRIDI"G PENALTIES FOR VIOLATION; REPEALING ORDINANCES OR PORTIONS OF ORDINAtICES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: CHAPTER 28 ZON ItlG Article 1. Declaration of Purpose. 28--100. Purpose of ordinance. A precise land-use plan for the City of Seal Beach is here~ adopted and established to serve the public health, safety and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. 28--101. Name of ordinance. This ordinance shall be known as "The Comprehensive Zoning Ordinance." .// Article 2. Definitions. 28--200. Provisions not affected by headings.- Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof. 28--201. Tenses. The present tense includes the future and the future the present. 28--202. Number. The singular number includes the plural and the plural the singular. 28--203. Accessory. "Accessory" means a building, part of a building or structure or use which is subordinate to that of the main building, structure or use on the same lot. If an accessory building is attached to the main building it shall be considered a part of the main building. 28--204. Alley. "Alley" means a dedicated public right-of-way which afforrlt'onl-1a secondar.n means of access to abutting 'property. - .. 28--205. Amendment. "Amendment" means a change in the lI'Ording, content or substance of this ordinance or a change in the zone boundaries upon the zoning map, which is part of this ordinance. 1 \ \ I I I Ordinance Number ~ , , .~ . 28--206. Apartment. "Apartment" means a room or suite of tll'O or more rooms in a multiple dwelling occupied or suitable for occupancy as a dwelling unit for one family, but not including hotels or motels. 28--207. Apartment, bachelor. "Bachelor apartment" means one or more rooms with bath, without cooking facilities, in a multiple dwelling. A bachelor apartment constitutes a dwelling unit within the meaning of this ordinance. 28--208. Apartment house. "Apartment house" means a building or a portion of a building designed for occupancy by three or more families Jiving independently of each other and containing three or more dwelling units. 28--209. Basement. "Basement" means that portion of a building between floor and ceiling which is partly below and partly above grade. A basement, when designed for or occupied for business or manufacturing or for dwelling purposes, shall be considered a story. 28--210. Bedroom. "Bedroom" means for purposes of detennining required parking spaces, all rooms other than a living room, kitchen, hall, pantry, closet or bathroom. 28--211. Block. "Block" means all property fronting upon one side of a street between intersecting and intercepting streets or between a street and a railroad right-of-way, waterway,alley, tenninus or dead-end street or city boundary. An intercepting street shall detennine only the boundary of the block on the side of the street which it intercepts. 28--212. Building. "Building" means any structure having a roof but exclUding all fonns of vehicles even though immobilized. Where this ordinance requires, that a use shall be: entirely enclosed with a building, this definition shall be QUalified by adding "and enclosed on all sides." ' 28--213. Building height. "Building height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the building site covered by the building to the highest point of the roof peak. 28--214. Building, main. "Main building" means the principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; there may be more than one main building on a lot or building site. 28--215. Building site. "Building site" means: (a) The ground area of one lot or, (b) the ground area of two or more lots when used in combination for a building or group of buildings, together with all open spaces as required by this ordinance. 2 I I I Ordinance Number , 'J , " < , " . , 28--216. Business or commerce~. "Business" or "commerce" means the purchase, sale or other transaction involving the handling or disposition of any article, service, or commodity for livelihood or profit; or the management or maintenance of buildings, offices, or recreational enterprises. 28--217. Cellar. 28--218. Church. "~l~r" mei$.s that portion of a building between floor and Ceiling which is wholly below grade. "Church" as used in this ordinance shall mean an establishment the principal purpose of which is religious worship and for which the prinCipal structure ., contains the sanctuary, and including accessory uses in the main structure or' in separate buildings, including Sunday school rooms, assembly rooms, titchen, library room and a one-family dwelling unit, but excluding day-care nurseries and facilities for residence of or training of religious orders. 28--219. Club. "Club" means an association of persons for some common non-profit purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. 28--220. Commission. "Commission" means the Planning Commission of the City of Seal Beach, California. 28--221. Conforming building. (a) In the residential "R" zones a conforming building is one which fully meets the requirements of the State Housing Act and the Uniform Building Code as they pertain to residential buildings and which building fully conforms to the requirements of this ordinance with respect to the district and zone in which it is located; and (b) in the commercial "C" and manufacturing "M" zones a conforming building is one which fully conforms to the structural design, building materials and their assembly as prescribed for commercial or industrial buildings by the Uniform Building Code and which building fully conforms to the requirements of this ordinance with respect to the district and zone in which it is located. 28--222. Court. "Court" means any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings and which is not a reQUired yard or open space. 28--223. Covered patio. "Covered patio" means a roofed space supported by posts or columns which is unscreened and unenclosed, 28--224. Day nursery. "Day nursery" means any type of group day-care programs including nurseries for children of working mothers, nursery schools for children below minimum age for education in public schools, parent cooperative nursery school, playgrounds for pre-school children and programs covering after school care for school children; provided, such establishment is licensed by the state and city and conducted in accordance with state and city requirements. 3 I I I Ordinance Number ~. , , , " ~ " 28--225. Drive-in restaurant. "Drive-in restaurant" means a retail food service establishment in which all, or a portion of, said food service is to customers remaining in their automobiles, while on the premises, or in which drive-in or walk-up customers may park on or walk on to the premises. This definition includes "drive-through" restaurants. 28--226. Driveway. "Oriveway" means a short private road leading from a public or private street or alley servicing a property to a garage or carport or parking area on said property. 28--227. Owelling. "Dwelling" means a building or portion thereof designed exclusively for residential purposes including single family, and multiple dwellings, but not including hotels. 28--228. Owelling Unit. "Dwelling unit" means one or more rooms in a dwelling or apartment house and designed for occupancy by one family for living or Sleeping purposes and having kitchen facilities for the exclusive use of only one family. A bachelor apartment also constitutes a dwelling unit within the meaning of this ordinance. 28--229. Dwelling, single family. "Single family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. 28--230. Dwelling, multiple. "Multiple dwelling" means a building, or portion thereof, designed for occupancy by two or more families living independently of each other and containing tll'O or more dwelling units. 28--231. Educational institution. "Educational institution" means elementary, junior high, high schools, colleges or universities or other schools giving general academic instruction in the several branches of learning.and study.required to be taught by the Education Code of the State of California. I ' 28--232. Erected. "Erected" means the construction of any building or structure or the structural alteration of a building or structure the result of which WDuld be to change the exterior walls or roof or to increase the square foot floor area of the inter,ior of the building or structure. . 28--233. Family. "Family" means an individual or two or more persons related by blood or marriage or group of not more than five persons who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit. 28--234. Foster family day-care home. "Foster family day-care home" means a residence licensed by the State of California and the City of Seal Beach to be used to care for children by the day with or without compensation; provided, the number of children cared for at anyone time shall not exceed six. 4 I I Ordinance Number f '1 ~ '~ . " 28--235. Fraternity. "Fraternity or sorority" house means a\I6U~'d~ng occupied-by a fraternal club, group, association, or organization recognized and approved'by a state approved educational institution, or whose membership consists of students actively enrolled in state approved educational institutions or colleges. 28--236. Garage, private. "Private garage" means an accessory building or an accessory portion of the main building enclosed on three sides and designed or used for the shelter or storage of vehicles owned or operated only by the occupants of the main building. 28--237. Garage, public. "Public garage" means a building other than a private garage used for the care, repair or equipment of automobiles or where such vehicles are kept for remuneration, hire or sale. 28--238. Grade. "Grade" means the average elevation of the finished surface of the ground at the '~enter of all walls of a building. 28--239. Home occupation. "Home occupation" means an occupation conducted on the premises within the main dwelling unit by the occupant of the dwelling as a secondary use in connection with which there is no display, no stock in trade or commodity sold upon the premises, no person employed and in connection with which no mechanical equipment is used except such mechanical equipment as is customarily used for housekeeping purposes. 28--240. Hospital. "Hospital" means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practices as distinguished from treatment of mental and nervous disorders, but not excluding surgical and postsurgical treatment of mental cases. 28--241. Hospital, mental. "Mental hospital" means an institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, but not licensed to provide facilities and services in surgery, obstetrics and general medical practice. Establishments limiting services to juveniles below the age of five years, and establishments housing and caring. for cases of cerebral palsy, are specifically excluded from this definition. . 28--242. Hospital, small animal. "Small animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats and. other small animals and domestic pets. . I 28--243. Hotel. "Hotel" means. a building in which there are six or more guest rooms~re lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. 5 I I I Ordinance Number fA) -'.' '< .. " 28--244. Institution. "Institution" means an establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups or individuals. 28--245. Kennel. "Kennel" means a place where five or more adult dogs or cats or any combination thereof are kept whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four months. 28--246. Kitchen. "Kitchen" means any room or portion of a room used or intended or designed to be used for cooking or the preparation of food. 28--247. Lot. "Lot" means: (a) A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the county recorder of Orange County. (b) A parcel of land containing not less than the prescribed minimum square footage required in the zone in which boundaries of which are defined by a record of survey recorded pursuant to law when recorded in the office of the county recorder of Orange County and which abuts at least one public street or private easement determined by the commission to be adequate for purposes of access from a street; or (c) A parcel of real property not delineated as in (a) or (b) above and containing not less than the prescribed minimum square footage required in the zone in which it is located nor more than one acre, and which abuts at least one publ ic street or a private easement determined by the commission to be adequate for purposes of access from a street. 28--248. Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot. 28--249. Lot, corner. "Corner lot" means a lot situated at the intersection of two or more streets. 28--250. Lot coverage. "Lot coverage" means the percentage of total lot, parcel or building site covered by structures, open or enclosed. 28--251. Lot depth. "Lot depth" means the horizontal length of a straight line drawn from the mid- point of the lot front line and at right angles to such line, connecting with a line intersecting the mid-point of the lot hear ~ine and parallel to the lot front line. In the case of a lot having a curVed front line, the lot front line, for the purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the lot side lines of the lot with the lot front line. 6 '1 I I Ordinance Number' ~) .. ...... " '. 28--252. Lot, interior. "Interior lot" means a lot other than a corner lot or reversed corner lot. 28--253. Lot, key. "Key lot" means the first lot to the rear of a reversed corner lot and whether or not separated by an alley. 28--254. Lot front line. "Lot front line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the lot front line shall be the line separating the narrowest street frontage of the lot from the street. 28--255. Lot line, rear. "Lot line rear" means a lot line which is opposite and the most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot or of a lot the rear line of which is formed by two or more lines, the following shall apply: (a) For triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the lot front line and at right angles' to be the line comprising the depth of such lot shall be used as the lot rear line. (b) In the case of a trapezoidal lot the rear line of which is not parallel to the lot front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line. (c) In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angles shall be employed for determining the lot rear line in the same manner as prescribed for a triangular lot. In no case shall the application of the above be interpreted as permitting a main building to locate closer than three feet to any property line. 28--256.. Lot line~,s~de~. "Lot line side" means any lot boundary line not a lot front line or a lot rear line. 28--257. Lot, reversed corner. "Reversed corner lot" means a corner lot, the side street line of which is substantially a continuation of the lot front line of the lots to its rear. 28--258. Lot width. "Lot width" means the horizontal distance between the lot side lines measured at right angles to the line comprising the depth of the lot at a point'midway between the lot front line and the lot rear line; provided, that the length of the line constituting the rear line of the required front yard shall never be less than the required lot width established in each zone. . 28--259. Mechanical equipment. "Mechanical equipment" means machinery, condensers, coolers and other similar equipment used in conjunction with swimming pools, air conditioning systems and heating systems, but speCifically excludes antennae, flues, chimneys, vents and hoods. 7 I I I Ordinance Number f'o' , . '<.., . , " 28--260. Medical-dental building. "Medical-dental building" shall mean a building or group of buildings designed for the use of and occupied by physicians and dentists and others engaged professionally in such healing arts for humans as are recognized by the laws of the State of California including the installation and use of therapeutic equipment, X-ray equipment or laboratories, chemical, biochemical and biological laboratories including facilities for the making of dentures on prescription, and pharmacies limited to the retail dispensing of pharmaceuticals and sick room supplies (but not room or orthopedic equipnent); provided, there shall be no exterior display windows or signs pertaining to such accessory uses other than a directory sign. 28--261. Motel. "Motel" means a group of attached or detached buildings contiining individual sleeping or liVing units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for temporary use by automobile tourists or transients. An establishment shall be considered a motel when it is required by the Health and Safety Code of the State of California to obtain the name and address of the guests, the make, year and license number of the vehicle and the state in which it was issued. 28--262. Nonconforming building. "Nonconforming building" means a building, or portion thereof, other than a ' "conforming building" as defined by this ordinance and which was lawfully erected or altered and maintained but which, because of the application of this ordinance to it, no longer conforms to the provisions of this ordinance. A nonconforming' buildfng~or nonconforming portion of the building shall be deemed to constitute a nonconforming use of the land upon which it is located. 28--263. Nonconforming use. "Nonconforming use" means a use which was lawfully established and maintained but which, because of the application of this ordinance to it, no longer conforms. to, the use regulation of the zone in which it is located. A nonconforming porti.on... of the building shall be deemed to constitute a nonconforming use of the land.. upon which it is located. 28--264. Professional offices. "Professional offices" means offices maintained and used as a place of business conducted by persons eng.ged in actiVity conSisting principally of services to . persons as distinguished frCllll the handling of commodities. . 28--265. Reclassification or zone change. "Reclassification or zone change" means a change in zone boundaries or change in zone designations upon the zoning map which map is part of this ordinance. 28--266. Restaurant. "Restaurant" means a retail food service establishment in which food is prepared and served to customers, on a plate, by waiters or waitresses, for consumption on the premises within thil 'building. This definition includes "coffee shops.," 28--267. Restaurant, semi-enclosed. "Restaurant, semi-enclosed" means a retail food service establishment in which food is prepared and served to customers on a plate, by waiters or waitresses, for consumption on the premises, mainly within the building. 8 I I I Ordinance Number ~ .' .... ~ " 28--268. Restaurant, walk-up/take-out. "Restaurant, walk-up/take-outH means a retail food service establishment in which all of said food service is to customers for consumption off the premises. No on-site facilities for consumption of food may be provided. No drive-through or drive-up facilities may be provided. 28--269. Rest home, convalescent home, nursing hOMe, home for the aged or gUest home. "Rest home," "convalescent home,. "nursing home," "home for the aged," or "guest home" means a home operated as a boardinghouse and in which nursing, dietary and other personal services are furnished to convalescents, invalids and aged per,sons, but in which are kept no persons suffering from mental sickness, disease, disorder or ailment or from a contagious or communicable disease, and in which are perfonued no surgery, maternity or other primary treatments such as are customarily provided in sanitariums or hospitals, or in which no persons are kept or served who normally would be admitted to a mental hospital. 28--270. Residential board and care home. "Residential board and care home" means a home operated as a boardinghouse in which dietary and other personal services are furnished to persons 65 years of age or older, but in which are kept no persons suffering from a mental sickness, disease, disorder or ailment or from a contagious or communicable disease, and in which are performed no surgery, maternity or other primary treatments such as. customarily provided in sanitariums or hospitals, or in which no persons are kept or .served who normally would be admitted to a mental hospital. . 28--271. Service. station. "Automotive service station" means a retail place of business engaged, primarily in the sale of motor fuels and supplying only those parts and- incidentals related to oper.ation of automobiles. Beverage, candy and food machines may ~ permitted ~~ an automobile service station. 28--272. Stable, public. "Public stable" means a detached accessory building in which horses are kept, for sale or hire or are boarded. 28--213. State freeway. "State freeway. means any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to the Streets and Highways Code. ~ 28--274. Story. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. If the finished floor level .directly above the basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story. 28--275. Street. "Street" means a public or recorded private thoroughfare which affords primary means of access to abutting property. 28--276. Street line. "Street line" means the boundary line between a street and the abutting property. 9 I I I Ordinance Number , < " '. 28--277. Street. side. "Side street" means a street which is adjacent to a corner lot or a reversed corner lot and Nhich extends in the general direction of the line determining the depth of the lot. 28--278. Structure. "Structure" means anything constructed in the ground or anything erected which required location on the ground or which is attached to something having location on or in the ground, but not including fences or walls used as fences less than six feet in height. This definition excludes paved areas. 28--279. Structural alterations. "Structural alterations" means any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists,' girders or rafters or changes in the exterior dimensions of the building, 28--280. Tire display. 1-"- "Tire display" means a tire or group of tires placed outside the building in the customer service area of an automobile service station. 28--281. To place. . .. .~ The verb "to place" and any of its variants as applied to advertising displays and outdoor advertising structures includes maintaining, erecting, constructing, posting, painting, printing, nailing, gluing or otherwise fastening, affixing or making visible in any manner whatsoever. 28--282. Trailer, automobile. "Automobile trailer" means a vehicle without motor power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property. '; 28--283. Trailer park, trailer court. public camp and mobile home park. , "Trailer park," "trailer court," "public camp," "mobile home park" means any area or tract of land used or designated to accommodate two or more automobile trailers and/or recreational vehicles including trailer camp as defined by law. 28--284. Trash enclosure. "Trash enclosure" means a wall or fence, six feet in height surrounding the trash bin and accessible by a gate of sufficient width to allow the bin to be removed and Which is constructed in a manner and of materials that blend architecturally and aesthetically with the main structure. 28--285. Twenty-four hour foster care home. "Twenty-four hour foster care home" means a dwelling occupied by a family who, for compensation or otherwise, accepts and cares for chfldren as full-time residents as a part of the family and which children are assigned by authorized public authorities, providing the number of such foster children shall not exceed three at anyone time. 28--286. Use. "Use" means the purpose for which land or building is arranged, designed or intended or for which either is or may be occupied or maintained. When applied to a building, the definition of .conforming building" as contained herein shall be employed. 10 I I I Ordinance Number ,.. ~ , ... '\ " 28--287. Variance. "Va~iance" means a modification of the specific regulations of this ordinance granted by resolution of the Planning Commission or approved by the City Council in accordance with the terms of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 28--288. Vehicle, recreational, "Recreational vehicle" means a motor vehicle designed or used for human habitation, Recreational vehicle includes "house car" as defined by the California Vehicle Code. 28--289. Veterinary Clinic (out-patientt. "Veterinary out-patient clinic" is'a veterinary medical office providing medical services and surgery to small animals, primarily domestic dogs and cats. Bathing, clipping, boarding and kenneling are not conducted in a veterinary out-patient clinic. 28--290. Yard. "'"';I "Yard" means an open space other than a court on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this ordinance. 28--291. Yard, front. "Front yard" means a yard extending across the full width of a lot, the depth' of whiCh is the minimum horizontal'C1istance-betwgen the front property line and a line parallel thereto-on the lot. . 28--292. Yard, rear. "Rear yard" means a yard extending across the full width of a lot, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the lot. 28--293. Yard, side. "Side yard" means a yard adjacent to a side lot line extending from the rear line of the required front yard or the front lot line where no front yard is required to the rear yard, except that on the side street side of a corner lot or reversed corner lots or where a lot sides on an alley, the required side yard shall extend to the rear property line of the lot. The width of the side yard shal~ be the minimllR horizontal distance between the side property line and a line parallel thereto on the lot. II Ordinance Number i , ~ ~ " Article 3. Establishment of Districts and Zones, the Boundaries Thereof and Llmiti~ the Uses of Land and Areas Required T reln. 28--300. Names and descriptions of districts and zones. In order to classify, regulate, restrict and segregate the use of land, buildings I and structures and to regulate and to limit the type, height and bulk of buildings and structures in the various districts and zones and to regulate the areas of . yards and other open areas about and between buildings and structures and to regulate the density of population, the city is hereby divided into six districts designated and known as I, II, III, IV, V, and VI, and thirteen zones designated and known as R-l, R-2, R-3. PUD, R/C/P, C-O, C-l, C-2, O-E, M-l, PLU, SP and R-G, which districts and zones are hereby established and adopted by ordinance. (1) the districts are described as follows: (a) Oistrict I (Coastal District) consists of all those lands in the' City of Seal Beach lying on the southwesterly side tocean side) of Pacific Coast Highway between the northwesterly side of the United States Naval Weapons Station and the San Gabriel River, excepting that area which lies northerly of Marina Drive and Fifth Street to the San Gabriel River. (b) District II (Inland District) consists of all those lands not in District I, District III, District IV, District V and Oistrict VI. (c) District III (Surfside District) consists of those lands described as Annexation No. 67-1, excepting all those lands within the United States Naval 'Weapons Station. (d) District IV (Military District) 'consists of'all 'those lands within the United States Naval Weapons Station. . . I (e) District V (Marina Hill District) consists of all subdivided portions of Marina Hill, commonly known as Tracts 1817, 2590 and 2591. (f) Oistrict VI (Rossmoor Center Oistrict) consists of all lands within the Rossmoor Business Center as described in Annexation No. 66-1. (2) The zones are described as follows: (a) R-l Low density residential zone (b) R-2 Medium density residential zone (c) R-3 High density residential lone (d) PUO Planned unit development zone (e) c-o Professio~al office zone (f) C-l Service commercial zone ~) C-2 General commercial zone I (h) M-l Light manufacturing zone (i) O-E Oil extraction zone (j) R-G Recreational golf zone (k) PLU Public Jand use zone 12 , I I I Ordinance Number , . " (1) R/C/P (m) S-P Residential/commercial/park zone Southern Pacific parking zone 28--301. Boundaries of districts and zones. The designations, locations and boundaries of the districts and zones described and established in 28--300 are delineated upon the maps entitled "City of Seal Beach, Orange County, California, Zoning Map," each dated June 26, 1974. Said maps and all notations and information thereon are hereby made a part of this ordinance by reference. 28--302. Division of zoning map. The zoning map may, for convenience, be divided into parts and each such part may be subdivided into units and such parts and units may be separately employed for purposes of amending the zoning map or for any official reference to the zoning map. 28--303. Changes in boundaries. Changes in the boundaries of the districts and/or zones shall be made by ordinance adopting an amended zoning map or part of said map. 28--304. Uncertainty of boundaries. Where uncertainty exists as to the boundaries of any district or zone shown upon a zoning map or any part or unit thereof, the following rules shall apply: (1) Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be. . such boundaries. . ".' ". (2) In the case of unsubdivided property and where a zone boundary divided a lot, the location of such boundaries unless the same are indicated by dimensions shall be determined by use of the scale appearing on said zoning map. . . . . (3) Where a public street or alley is officially vacated or abandoned,:the area comprising such vacated street or alley shell acquire the classification of the adjoining property. (4) Areas of dedicated streets or alleys and railroad right-of-way, other than such as are designated on the zoning map as being classified in one of the zones provided in the ordinance, shall be deemed to be unclassified and in the case of streets permitted to be used only for purposes lawfully allowed and.the case of railroad rights-of-way permitted to be used solely for the purpose of accommodating track, signals, other operative devices and the movement of rolling stock. . 28--305. Classification of annexed lands and.unclassified property. Any land hereafter annexed to or consolidated with the City of Seal Beach or ~allY. land which for any reason is not designated on the zoning map or a prezoning :map::., as being classified in any of the zones established hereby shall be deemed to be - zoned R-l (low density reSidential). 28--306. Prezoning of properties outside of city. The City Council recognizes the fact that a city's social and economic life is seldom limited to the area within its corporate limits; that real need exists to consider zoning and physical planning on the basis of the existing and developing area rather than only the areas currently within the city limits; that state law, through the medium of the State Planning Law, recognizes the existence of the . 13 ,,' I I I Ordinance Number fA' , -. 't '. " relationship between a ci~ and the areas adjacent thereto and has incorporated. in such State Planning Law a mandate that cities shall preplan areas contiguous thereto if, in the opinion of the city, such areas bear a relationship to its planning. In recognition of such policy and purpose and the possibili~ of ' annexation of adjoining lands, the city undertakes to establish an expansion of a consistent land-use pattern that shall prevail if and when areas contained within such expanded plans annex to the city. For that purpose, prezoning maps may be developed and adopted in the same manner'prescribed by this ordinance,for the classification or reclassification of proper~ within the'city including procedures for and concurrent consideration of variance, conditional use pe~fts and site plans. ;: . 28--307. Zoning status of annexing properties. . (1) If a prezoning map for an area has been adopted, then such annexing property contained therein s hall, upon becom!lng' a part of the ci~,. possess' the classification indicated on the detailed prezoning map, and I.' such portions of the prezoniny map governing properties so annexed .. shall become part of the City s zoning map and thereafter be subject to all of the provisions of this ordinance. I ,. (2) If a prezoning map for an area has not been adopted, then such area .... shall, upon annexation, be deemed to be classified R-l until reclassified I . in the manner prescribed by law. , '. 28--308. Area zoning symbols. Where a number follows the zoning symbol on the zoning map, it shall represent the number of thousands of square feet of area required in lieu of the minimum areas established in each zone as herein defined. If no number follows the zoning symbol, the areas prescribed in the article governing such zone shall apply. 28--309. limitation of land use. Except as provided in this ordinance, no building shall be erected, reconstructed or structurally altered. nor shall any building or land be used for any purpose except as hereinafter speCifically provided and allowed in the same zone in which such building and land is located. 14 28--400. (1) I (2) (3) (4) (5) (6) (7) (8) I Ordinance Number .' , " Article 4. Low Oensi~esidential Zone t.!!.:L.Z.!!!!l.. Permitted uses. One dwelling unit on each lot of record Accessory buildings or structures including private garages to accommodate not more than three automobiles Flower and vegetable gardening Animals .and fowl. a.s p,r.ovided. in Chapter 3 of the City Code. Home.:.occupations. Twenty-fopr hour foster-care homes Mobile homes in a mobile home park established by the issuance of an unclassified use permit Temporary real estate offices, in conjunction with a subdivision, not to exceed a twelve month period of time from recordation of the final tract map. Office location subject to approval of the Planning Director. (9) Swimming pools used solely by persons residing on the site and their guests. (a) Pool setbacks: 1) side proper~ line - 4 ft. 2) rear property line - 4 ft. (b) Mechanical pool equipment: 1) setback 1 ft. from property line and 10 ft. from neighboring residence 2) heater vent not to extend more than 6 inches above the nearest wall or fence (10) The following uses subject to the issuance of a conditional use permit: (a) Public utility buildings.. (b) Private churches, museums, libraries, schools and colleges. 28--401. General ~rovisions, lot size, open space, bulk & yards. (1) Provisions applying in all districts: (a) Minimum lot size: Width, interior lvt Width, corner lot Depth Area, interior lot Area, corner lot I 50 ft. 55 ft. 100 ft. 5,000 sq. ft. 5,500 sq. ft. (b) Density, lot area per dwelling unit (c) Minimum floor area (d) Maximum height, main building (e) Maximum height, accessory building 5,000 sq. ft. 1,200 sq. ft. 2 stories, maximum 25 ft. (*) 15 ft. (*) Maximum height in Oistrict I shall be 2 stories, or 25 ft., 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. 15 Ordinance Number .J . . " (2) Provisions varying in districts. (a) (b) Maximum lot coverage District I District II Oistrict V 60S 40S* 45S I Yard Dimensions: (minimums) Front yard abutting street Side yar.4 abutting street Rear yard abutting street Side yard not abutting street Rear yard not abutting street 18 ft. 18 ft.-front entry garage. ** 10 ft.-side entry garage-. 15% lot width - - maximum required 10 ft. 18 ft. -- 10% lot width - - minimum required 3 ft. 96 ft. *** 10 ft. 10 ft. * Open pa~io cover permitted which does not exceed 5% of the lot area. College Park East. ** Living area must observe 18 ft. 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 be less than 10 ft. from the front property line. *** Balcony and walkway may extend 10 ft. into this yard. 28--402. Required parking, parking space size. form and type. District I Districts II and V (1) Parking dimensions per space 1:0 ft. x 20 ft. ... 10 ft. x 20 ft. * (2) Number of spaces per unit 2 2 (3) Form open & accessible open & accessible I (4) Type garage or carport garage or carport *Interior dimensions. I 28--403. The effect of nonconforming parking space dimensions on structural alterations. The prohibition against the enlargement, structural alteration or expansion of a nonconforming building shall not apply to residential buildings which'are non- conforming only by reason of a failure to comply with the provisions of this code as to the required dimen$ions of parking spaces or gara~es provided the minimum size of an existing nonconforming parking space is nine feet by nineteen feet interior dimensions with a minimum of a twenty-four foot turning radius. 28--404. Use of garages and carports. 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. 28--405. Nonconforming buildings. Structural alterations to nonconforming buildings such as porches, balconies, bathrooms, small storage rooms, enlargement of existing rooms or other similar additions may be approved by the Planning Commission by.the issuance of a conditional use permit. Additions of bedrooms and additional living quarters may not be approved under this provision. 28--406. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. 16 I I I Ordinance Number . , . . " Article 5. General Provisions, Conditions and Except10ns for D1str1ct III 28--500. District III zoning schedule. The designations, locations and boundaries of the zones described and established for District 111 are delineated on the zoning map. 28--501. Yard requirements for residential zones, R-l and R-3. (1) Front yard: The ground floor shall setback two and one-half feet from the front property line, however, no building permit shall be issued unless the first floor is setback two and one-half feet from the sea wall. The second and third stories may cantilever to two and one-half feet from the first floor line, however, in no case shall said second and third floor encroach the sea wall. Front yard shall be defined as that portion of a lot abutting a street. The front yard of a corner lot shall be the narrowest width abutting a street. Side yard: The minimum side yard shall be three feet or ten per cent of the width of the lot, whichever distance is greater. In no case shall the required side yard exceed ten feet. (2) . (a) Block A: A stairway and elevated walkway not to extend above the first floor living area are permitted to encroach three feet into the side yard setback on the northwest side of any residential structure, Exception: Where a residentially zoned parcel is located to the northwest of a Colony pedestrian easement and abuts said easement, a stairway and elevated walkway may be constructed and maintained on either the southeast or northwest side of a residential structure. (b) Cornices or eaves may project one foot into required side yards. (c) Chimneys may project one foot into side yards beginning at the second story and in no case less than eight feet above grade. Rear yard: (a) Block A: No rear yard required. (b) Block B: Anderson Street (Lot 1) northwesterly to Sea Way (Lot 70): The first floor shall setback three feet from rear property line. The second and third stories may cantilever to rear property line. (c) Block B and Block C: Sea Way northwesterly to end of Colony: The minimum rear yard shall be three feet. 28--502. Height limit. The maximum building height shall not exceed thirty-five feet or three stories measured from existing road level, whichever is most restrictive. (3) 28--503. Parking requirements. (1) R-l Zone: Each dwelling unit shall be provided with two off-street parking spaces. (2) R-3 Zone: Each dwelling unit shall be provided with two off-street parking spaces. 17 I I I Ordinance Number , ~ (3) Each garage stall shall be a minimum of nine feet in width and twenty fcet in depth. These dimensions shall be interior dimensions. (4) Future development: Upon rede~elopment of single family properties with parking off-site, provisions for a two-car garage area shall be included within the new residence. (a) Block B, Andersoo Street (Lot 1) northwesterly to Sea I~ay (Lot 70) future development: Upon devclopment or redevelopment of said properties with parking provided off-site in the S-P Zone, provisions for a two-car garage area shall be included within the new residence. Said garage arca need not be used as a garage until such off-site parking becomes unavailable. Construction of this garage area shall be in compliance with the building code for its ultimate use. Upon request for a building permit for a new residence, applicant must sign an agreement with the city binding upon his heirs, successors and assigns that such garage area will be converted to its intcnded use as a garage when off-site parking becomes unavailable. Said agreement shall be in recordable form and will be recorded. (b) Block B, Anderson Street (Lot 1) northwesterly to Sea \lay (Lot 70) remodeling: Upon remodeling of single family residences, when parking is proposed to be located off-site in the S-P Zone, said on-site area previously used for parking purposes shall be reconverted for parking purposes should parking in the S-P Zone become unavailable. Upon request for a building permit to remodel, the applicant must sign an agreement with the city binding upon his heirs, successors and assigns that such on-site garage area will be reconverted to its intended use as a garage ~men off-site parking becomes unavailable. Said agreement shall be in recordable form and will be'recorded. (c) Provisions (a) and (b) above are not affected by 28--2209(2)(a). (5) Parking for all other uses shall conform with section 28--2210 of the Seal Beach Code. 28--504. General Requirements. (1) Other provisions of the R-l, R-3, C-l and C-2 Zones shall apply. (2) Stairs, balconies, or patio decking may encroach ten feet into the walkway southwest of Block A on the first floor, and five feet on thc second and third floors. (3) Lot coverage: No maximum lot coverage. (4) Lot area per dwelling unit: No minimu, provided applicant meets all parking requirements. (5) Minimum square footage per dwelling unit: As provided in 28--401 (l)(c) and 28--801(4). (6) The Planning Department may, but shall not be required to, approve plans for construction of buildings or structures, or exterior alterations or additions to existing buildings or structures until Surfside Colony, Ltd. has reviewed said plans and filed a report with the city's Planning Department. 18 Ordinance Number ~ Article 6. S-P Parking Zone " 28--600. Description. That area shown on Annexation 67-1, City Council Ordinance 760, lying between Pacific Coast Highway and the residential areas of Blocks B and C in Surfs ide Colony. commonly known as the Southern Pacific right-of-way, is designated AS_P." Uses Permitted. Parking garages. Carports. Patios. I 28--601. (1 ) (2) (3) 28--602. (1) (2) I I Yard requirements. Front yard: The front yard shall be setback two and one-half feet from the street or alley right-of-way. . Side yard: Garages or carports shall maintain a zero sideyard setback on the westerly side and a five foot setback on the easterly side of any lot. (3) Rear yard: No minillllm rear yard required. 28--603. Parking requirements. (1) Each garage stall shall be a mini~ of nine feet in width and twenty feet in depth. These dimensions shall be interior dimensions. (2) Garage access: All vehicular access to garages or carports shall be from an alley, collector or local street, the intent of this provision is to reduce conflict points of individual driveways intersecting arterial highways. 28--604. Maximum building height. The maximum building height shall not exceed ten feet. Where the roof of a garage or carport is to be used for a sun deck, a guard rail ing may exceed the ten foot height 1 imit by not more than forty-two inches. 19 I I I Ordinance Number .. Article 7. Medium Density Residential Zone (R-2 Zone) " 28--700. Permitted uses. (1) All uses pennftted in the R-l zone (2) Medium density residential uses (3) The foll~wing uses subject to issuance of a conditional use permit: (a) Parking lots established in conjunction with the use of nearby lots zoned commercial. 28--701. General provisions, lot size. open space, bulk and yards. (1) Provisions applying in all districts: (~) Minimum lot size: Width, interior lot Width, corner lot Depth Area, interior lot Area, corner lot 50 ft. 55 ft. 100 ft. 5,000 sq. ft. 5,500 sq. ft. (b) f'laximum height, main building: Lot width, less than 37~ ft. Lot width, 37~ ft. or more 2 stories, maximum 25 ft. Front 1/2 of lot, 2 stories, maximum 25 ft Rear 1/2 of lot, 3 stories, maximum 35 ft. (c) Maximum height, accessory buildings (d) Minimum floor area for dwelling unit (2) Provisions varying in district: 15 ft. 750 sq. ft. (Jistrict I Di strict II 2500 sq. ft. (a) Density, lot area per dwell ing unit Lot coverage Yard dimensions: (minimums) Yard abutting street: Front Side 1875 sq. ft. 60% (b) (c) 50% 12 ft. 15% lot wi dth; 10 ft. maximum required 12 ft. 18 ft. 15% lot width; 18 ft. r.1aximum required 18 ft. Rear Yard abutting alley: Side Rear 4 ft. 9 ft. on 15 ft. wide alley 12 ft. on 12 ft. wide alley 13 ft. on 11 ft. wide alley (Second and third stories may encroach 1/2 the required setback.) Yard not abutting street or alley: Side 10% lot width; 3 ft. minimum, 10ft. maximum required Rear 5 ft. 10% lot width; 5 ft. minimum, 15 ft. maxir.1ur,) required 20 I I I Ordinance Number f . District I District II " (d) Parking requirements: Parking dimensions per space (interior dimensions) ,g ft. x 20 ft. 10 ft. x 20 ft. 2 Number per dwelling unit 2 Form Open & accessible* Open & accessible Type Garage or carport Garage or carport * On lots of 50 foot of frontage or less, tandem parking may be permitted. On lots of more than 50 foot of width, tandem parking shall be discouraged because alternative parking designs are feasible. However, the Planning Commission may approve tandem parking for a project by the issuance of a conditional use permit when tandem parking appears to be the best alternative in fulfilling the on-site parking requirements. 28--702. Use of garages and carports. 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. 28--703. Nonconforming buildings. Structural alterations to nonconforming buildings such as porches, balconies, bathrooms, small storage rooms, enlargement of existing rooms or other similar additions may be approved by the Planning Commission by the issuance of a conditional use permit. Additions of bedrooms and additional living quarters may not be approved under this provision. 28--704. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. 21 I . I I . . Ordinance Number Article 8. High Density Residential Zone lR-3 zone). ow " 28--800. Permitted uses. (1) All uses permitted in ~he R-l and R-2 zones (2) Apartment houses (3) The following uses subject to issuance of a conditional use permit: (a) (b) .~~~ Hote 15 Fraternity and sorority houses Private clubs Residential board and care facilities for not more than 15 persons . (4) Other similar uses which, in the opinion of the Planning Commission, would not. be. detrimental to the neighborhood in which such.uses would be located. 28--801. General provisions, lot size, open space, bulk and yards.' Rear yard.abutting street Side yard abutting alley 4 ft. Rear yard abutting alley 9 ft. on 15 ft. alley . . 12 ft. on 12 ft. alley 13 ft. on 11 ft. alley (2nd and 3rd stories may encroach 1/2 of the required setback) None required (1) Minimum lot size: Width, interior lot Width, corner lot Ol!pth Area, interior lot Area, corner lot (2) Yard dimensions: (minimums) Front yard abutting street Side yard abutting street Yard abutting Seal Way Side yard not abutting street or alley Rear yard not abutting street or alley (3) Density: lot area per '.dwell in9 unit (4) Minimum floor area: (5) Maximum lot coverage: District I District II 50 ft. 55 ft. 100 ft. 5,000 sq. ft. 5,500 sq. ft. 50 ft. 55 ft. 100 ft. 5,000 sq. ft. 5,500 sq. ft. 12 ft. average, 6 ft. minimum 18 ft. 15S lot width, 10 ft. maximum required 15S lot width, 10 ft. maximum required . 18 ft. 4 ft. 4 ft_ DI1 20. ft. .alley 9 ft. on.15 ft. alley 10S lot width, 3 ft. minimum, ,10ft. maximum "'t!quired 3 ft. 1 OS 1 ot width, 5 ft. minimum, 10 ft. maximum, re~uired 18 ft. 1250 sq. ft. 700 sq. ft. 75S 1350 sq. ft. 700 sq. ft. 60S 22 District VI 50 ft. 55 ft. 100 ft. 5000 sq. ft. 550~ sq. ft. 18 ft. 15S lot:w.i dth, 10 ft. .maximum required 18 ft. ..- 18 ft. 10S lot width;. . 5 ft. minimum, { 10 ft. maximum, .~ required 18 ft. 960 sq. ft. 700'sq. ft. 80s Ordinance Number , ~ Distr.ict VI District I District II (6) Maximum building height, main building: Lot.widths, Jess than 37~ ft. 2 stories, 35 ft. 35 ft. 25 ft. maximum Lot widths,.37lt ft. I 9r .more Front 1/2 of lot 35 ft. 35 ft. 2 stories, 25 ft. maximum - rear 1/2 of lot 3 stories. 35 ft. maxilllUm (7) Maximum building height, accessory building 15 ft. 15 ft. 15 ft. The Planning Commission may, by the issuance of a conditional use permit. approve modifications in therequired front yard setbacks provided a minimum setback of six feet is maintained. Consideration may be given to open courtyards, patios or other functional open space located on the lot. Orive aprons, drive aisles, walkways, stairs, etc. shall not be considered as functional open spate:' . The intent of this provision is to encourage individual design while providing'" ., functional open space to improve the qua1ity of life. . 28--802. Parking requirements. Di strict I District II . District VI (1) Minimum dimensions per space (interior dimensions) 9 ft. x 20 ft. 10 ft. x 20 'ft. 10 ft. x 20 ft. I (2) Minimum number per dwelling unit ~ (3) Form 2 minimum, plus 2 minimum, plus ' l~' 1 guest space 1 guest space for each 7 for each 7 dwelling units dwelling units (no guest parking required for less. than 7 DU.) Open and Open and Open and accessible * accessible accessible , " (4) Type Garage or carport (guest spaces may be uncovered) Garage or ' carport (guest spaces may be uncovered) ,Garage or carPcn:t.. : * .On lots. ~f fifty ~o~t of fron~ge or less, taflltem parking may be permitteC'.' .' I * On lots of more than 50 foot of width, tandem parking shall be discouraged because alternative parking designs are feasible. However, the Planning Commission may approve tandem parking for a project by the issuance of a conditional use permit when tandem parking appears to be the best alternative in fulfilling the on-site parking requirements. 28--803. Use of garages and carports. 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, tra ilers, furniture, building material s, or other materials ~.. m.idl would interfere w!th ~~e parking of license~ passenger vehicles. - "'I h'.' ~ 23 I I I Ordinance Number . , . " . , 28--804. NOnconforming buildings. Structural alterations to nonconforming buildings such as porches, balconies, bathrooms, small storage rooms, enlargement of existing rooms or other similar additions may be approved by the Planning Commission by the issuance of a conditional use permit. Additions of bedrooms and additional living quarters may no~ be approved under this provision. 28--805. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. J , 0" ~ 23.1 I I I Ordinance Number " , . .. Article 9. Residential~ommercial/park Zone {R/C/P _net 28--900. Generally. Certain real property within the city is unique due to its proximity to the ocean and its water oriented character. It is detennined to be in the best interest of the city to permit some flexibl1 ity in development of said property. Only medium density residential and/or service commercial uses shall be permitted within the zone. In addition, a minimum'of'one-third of any parcel within this zone shall be devoted to park uses with unrestricted access to the publ ic. Development of said property shall be subject to the issuance of a conditional use permit. "----- 24 , ' Article 10. I I I Ordinance Number ~ (Reserved ) 25 Ordinance Number .' Article 11. Planned Unit Development . '. 28--1100. Intent and purpose. The planned unit development may be applied to land zoned under any other residential zone classification of this ordinance. The planned unit development is intended to provide flexibility in site design, more useful open space by eliminating unusable side and/or front yards and the possibility of mixing residential building types. I In applying the planned unit development classification to residential land, the requirements of the subdivision ordinance and the zoning regulations shall be applied to the project as a whole. Densities, open space, lot coverage, height and intensity shall be calculated on a project-wide basis. 28--1101. Uses permitted. (1) The uses permitted in the base zone shall apply. (2) All other residential uses. (3) Religious institutions (4) Schools (5) Community center (6) Membership clubhouse (7) Public and private outdoor recreation (8) Accessory uses I (9) Parking (10) Other uses approved by the Planning Commission 28--1102. Uses prohibited. The uses prohibited in the base zone shall also be prohibited in a planned unit development. 28-1103. Property development standards. The provisions of the base zone to which the planned unit development is added shall apply when deemed appropriate. In addition, said development shall conform to any conditions established on the approved plan of development. (1) The minimum site which may be considered for a planned unit development shall be two (2) acres. (2) The density permitted in the base zone shall be calculated on a project wide basis. (3) Lot coverage, height, bulk and intensity permitted in the base zone shall be calculated on a project wide basis. I (4) All development requirements contained in Chapter 21, "Subdivisions" of the Municipal Code shall be required in a planned unit development, if said project is a subdivision. 28--1104. Special provisions. Development of land under a planned unit development shall be subject to an amendment to the zoning map of the City of Seal Beach under the procedure in Article 26 of this ordinance. The application shall include: 26 I I I Ordinance Number , " . . (1) A boundary map of the property. A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property. (2) Existing topography of the development area shall be shown with contours at not more than two (2) foot intervals. (3) The gross land area of the development and the present zoning classification thereof. (4) A general development plan with at least the following details shown to scale and dimensioned: (a) Location and use or uses proposed for each existing and each proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances. (b) All existing and proposed curb cuts, driving lanes, parking areas and loading areas. (c) All pedestrian walks and open areas for the use of occupants of the proposed development and the public. (d) Types of material proposed for all walks and driveways. (e) A plan for the landscaping of the development, including the location and heights of proposed walls, fences, and screen planting, and a statement setting forth the method by Which such landscaping and fencing shall be preserved and maintained. (f) A preliminary grading plan for the entire development. (g) All existing or proposed physical features such as hydrants, utility facilities, floodlights, drainage facilities and recreation facilities, and a statement setting forth the method whereby these features shall be preserved and maintained. (h) Any additional drawings or information as may be required by the Commission. (5) Plans and elevations of one or more typical structures to indicate architectural type and materials of construction. 28--1105 Required study session Prior to consideration of a formal application for a planned unit development, the applicant shall meet with the Planning Commission at least one time in a study session. The purpose of the study is to discuss concepts, exchange ideas, and receive comments and input from the Planning Commission. 28--1106 Planning Commission authoritv. The Planning Commission shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone Where it is determined that such conditions are necessary to further the objectives of the general plan and are in harmony with the intent, purpose and spirit. of this ordinance and/or Where such additional requirements are deemed essential to protect the public safety and general welfare of the community. All special conditions established by the Commission in accordance with this section may be appealed to the Council. 27 I I I Ordinance Number Article 12. Professional- Office Zone (C-o. Zone t 28--1200. Permitted uses. In the C-O zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article. (1) Medical offices and laboratories (2) Professional offices (3) Prescription pharmacies (4) Financial institutions (5) Barber shops and beauty parlors (6) Private parking lots (7) Political trailers, not to exceed a period of ninety days, subject to approval of the Planning Director (8) Other similar uses when determined by the Planning Commission to meet the intent of uses wi thin the zone (9) The following subject to issuance of a conditional use permit: (a) Hospitals (b) Residential board and care facilities (c) Temporary modular units (trailers) used for activities permitted in the zone for a period not to exceed one year. The Planning Commission may, at their discretion, permit said unit to remain for one additional year upon reapplication. (l~) Accessory buildings and structures 28--1201. Limitation on permitted use. Every use permitted shall be subject to the following conditions and regulations. (1) Except parking areas which may be unenclosed, all uses shall be conducted wholly within an enclosed building. (2) Storage shall be limited to the accessory storag'e of supplies utilized in the business conducted upon the premises. (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes. (4) Off-street parking space or garages shall be provided as required in this article. (5) Lights illuminating the grounds, driveways, walkways, signs, parking areas or building exteriors or interiors shall be installed and maintained in such a manner as to confine direct rays to the premises and prevent direct rays or glare onto neighboring properties. (6) Where any property used for commercial purposes has a cOlllllOn property line with property zones for residential purposes, there shall be provided a solid masonry or concrete block wall not less than six feet in height at such property line except where a wall of the building is on such property line, no separate block wall need be provided. 28 I I .1 Ordinance Number 28--1202. General provisions, lot size, open space, bulk and yards. " (1) Minimum lot size: Width Depth Area (2) Yard dimensions: (minimums) Yard abutting street: Front Side Rear Yard abutting alley: Side Rear Yard not abutting street or alley: Side Rear (3) (4) (5) (6) Lot coverage Maximum height, main building Maximum height, accessory building Minimum lot area for landscaping District I 70 ft. 100 ft. 7,000 sq. ft. 10 ft. 15% lot width, 3 ft. minimum, 10 ft. maximum 10ft. 4 ft. 9 ft. on 15 ft. alley 12 ft. on 12 ft. alley 13 ft. on 11 ft. alley lOS lot width, 10 ft. maximum 10 ft. (*) 60s 35 ft. 15 ft. 5% District II 70 ft. 100 ft. 7,000 sq. ft. 18 ft. 15% lot width, 5 ft. minimum, 15 ft. maximum 18 ft. 18 ft. 10% lot width, 15 ft. maximum 18 ft. 50s 35 ft. 15 ft. 5% (*) Trash enclosures may be located in the required rear yard provided such enclosures do not obstruct the turning radius or ingress and egress to the property. 28--1203. Parking size and requirements. Parking spaces shall be a minimum of nine foot by 20 foot in Districts I and II for the C-O uses. A minimum drive aisle width of twenty-four feet shall be provided. All parking areas shall be paved with Portland Cement concrete or asphaltic concrete. Parking facilities shall be provided on the property on which the building is located or within 300 feet of the building. The number of parking spaces required for the permitted uses in the zone is as follows: Financial institutions, medical offices, professional offices, pharmacies Beauty Shops and barber Shops Hospitals Board and care facilities 29 1 for each 200 sq. ft. of gross floor area or part thereof 2 for each operator , 2 for each bed 1 for every 3 beds .' I I I .. Business offices Ordinance Number 1 for each 300 sq. ft. 'of gross floor area or part thereof 1 for each employee, minimum 2 Day nurseries 28--1204. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. 30 I I I Ordinance Number '. Article 13. Service Commercial Zone Jl;-I,lonet 28--1300. Permitted uses. In the C-l zone the following uses only are permitted and as hereinafter specifically provided and allowed b,y this article. (1) Any use permitted in the C-O zone (2) Service businesses dealing directly with consumers '(Dressmaker, Tailor, etc.). (3) General retail businesses such as grocery store, furniture store, etc. (4) Liquor store (off-sale) (5) Restaurant (not including drive-in restaurants) (6) Following uses subject to issuance of a conditional use permit: (a) Establishments with on-sale liquor (b) Restaurant, walk-up/take-out (c) Automatic ice vending machines (d) Ambulance service (e) Orive-in window film stand (f) Electric cart sales and minor service (g) Pet shop (7) 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 28--1301. Limitations on permitted uses. Every use permitted shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within an enclosed building except such uses as: (a) Growing stock, only when in connection with horticultural nurseries (b) Parking lots (c) Restaurant, semi-enclosed (2) Storage shall be limited to accessory storage of commodities sold at retail on the premises. (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes. (4) Where any property used for commercial purposes has a common property line with property zoned for residential purposes, there shall be provided a solid masonry or concrete block wall not less than six 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. 31 I I I Ordinance Number 28--1302. General provisions. lot size, open space, bulk and yards. (1) Minimum lot size: Width Depth Area (2) Yard dimensions: (minimums) Yard abutting street: Front (~r Side (* Rear (*) Yard abutting alley Side Rear Yard not ibutting alley or street Side (*) Rear (*) (3) Lot Coverage (4) Maximum height, main building (5) Maximum height, accessory building (6) Minimum required landscaping District I District II 70 ft. 100 ft. 7,000 sq. ft. 70 ft. 100 ft. 7,000 sq. ft. o o 6 ft. 151 lot width, 6 ft. maximum 6 ft. 4 ft. 4 ft. -- 4 ft. 22 ft. o 101 lot width, 5 ft. minimum, 10 ft. maximum -- 6 ft. 751 35 ft. 15 ft. 51 601 35 ft. 15 ft. 51 (*) When commercially zoned property has a front, side or rear yard on a block ,face with residentially zoned properties, the required front, side, or rear yards for the commercial property shall be the same as required for the residential zone, except loading zone requirement shall supercede residential zone rear yards. 28--1303. Parking and loading space requirements. Parking spaces shall be a minimum of nine foot by twenty foot in Districts I and II, and in the Residential/Commercial/Park Zone. A minimum drive aisle width of twenty-four feet shall be provided. The loading space in District I shall be twenty-two' feet by forty-five feet and located off the alley. In the case of lots of less than 45 feet in width, the loading space may be provided in an area 22 feet in depth across the entire width of the lot and said space shall be provided off the alley at the rear of the property. The loading space in District II and in the residential/commercial/park zone shall be twenty-two feet by forty-five feet and located at the rear of the building All parking areas and loading areas shall be paved with Portland Cement concrete or asphaltic concrete. Parking facilities shall be provided on the property on which the building is located or within 300 feet of the building. 28--1304. Number of parking spaces required. (1) Retail stores 1 for each 300 sq. ft. gross floor area or part thereof (2) Ambulance service (3) Hardware, furniture, etc. 32 1 for each service vehicle plus 1 for each employee, minimum 4 1 for each 500 sq. ft. gross. floor area or part thereof I I I Ordinance Number . . " (4) Establishments for the sale and consumption on the premises of food and beverage 1 for each 100 sq. ft. of gross floor area or part thereof 28--1305. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. 33 I I I Ordinance Number . , " " Article 14. General Commercial Zone lC-2 Zone) 28--1400. Permitted uses. In the C-2 zone the following uses only are permitted and hereinafter specifically provided and allowed by this article. (1) Any use permitted in either the C-O or the C-l zone (2) Automobile and boat sales (3) Auto repairing and tire cente~ (4) Mortuaries (5) Motel (6) Gymnasiums. (7) Furniture repair and upholstery shop (8) Fishing tackle shop (9) Retail Meat storage locker (10) RetailI0~.ser.vice'bu5tnesses catering directly to consumers, when interpreted by the Planning Commission as meeting the intent of general commercial uses.. (11) The following additional uses subject to the issuance of a conditional use permit. (a) Car wash during daylight hours (b) Motorcycle sales or rentals (c) Automobile service stations (See 28--2318) (d) Private tennis club (e) Veterinary clinic (out-patient) (f) Billiard parlor (g) Drive-in restaurant. 28--1401. Limitations on permitted uses. Every use permitted shall be subject to the following conditions and limitations: (1) All uses shall be conducted wholly within an enclosed building except: (a) Automobile house trailer sales area (b) Boat sales (c) Drive-in restaurants (d) Parking lots (e) Service stations, but only insofar as materials and equipment to service automobiles are concerned. (f) Automobile sales areas (g) Commercial swimming pools used for display purposes 34 Ordinance Number I " (2) Products made incident to a permitted use and manufactured or processed on the premises shall be sold on the premises and at retail only. (3) All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar cause. (4) Storage shall be limited to accessory storage of commodities sold at retail on the premises. (5) Where any property used for commercial purposes has a common property line with property zoned for residential purposes, there shall be provided a solid masonry or concrete block wall not less than six 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. 28--1402. General provisions, lot size, open space and yards. District I District II District VI (1) Minimum lot size: Width 70 ft. 70 ft. 100 ft. Depth 100 ft. 100 ft. 100 ft. Area 7,000 sq. ft. 7000 sq. ft. 10000 sq. ft. (2) Yard dimensions: (minimums) Abutting front street* 0 0 18 ft. Abutting side street* 0 15% lot width, 18 ft. 6 ft. maximum Abutting rear street* 6 ft. 18 ft. Abutting side alley 4 ft. 10ft. Abutting rear alley 22 ft. 10 ft. I Not abutting street or alley on side* 0 10% lot width, 10% lot width, 5 ft. minimum 10 ft. maximum Not abutting street or alley on rear* 6 ft. 18 ft. (*) When commercial zoned property has a front, side or rear yard on a block with residentially zones properties, the required front, side or rear yards for commercial property shall be the same as required for the residential zone, except loading zone requirement shall supercede the residential zone rear yard. (3) Lot coverage 75% 60% 80% (4) Maximum height, main building 35 ft. 35 ft. 35 ft. (5) MaxilllUlll height for accessory buildings 15 ft. 15 ft. 15 ft. (6) Landscaping 5% 5% 5% 28--1403. Parking required, parking size, loading space. District I District II District VI I (1) Parking space dimensions (2) Drive aisle (3) Loading space per building 9 ft. x 20 ft.9 ft. x 20 ft.9 ft. x 20 ft. 24 ft. 24 ft. 24 ft. 22 ft. x 45 22 ft. x 22 ft. x 45 ft.,' ft. off alle)'* 45 ft. at ,I rear of building (*) In the case of lots of less than 45 feet in width, the loading space may be provided in an area 22 ft. in depth across the entire width of the lot and said space shall be provided off the alley at the rear of the property. 35 Ordinance Number . (4) Parking requirements: (I) Motel 1 for each sleeping unit (b) Service station 5 plus 1 for each lubr.ication bay (c) Drive-in restaurant 1 for each 75 sq. ft. of floor area I or porti on thereof (d) Motor vehicle and machinery sa les 1 for each 400 sq. ft. of floor area or portion thereof (e) Nurseries for horticultural stock 1 for each 2500 sq. ft. of lot area or portion thereof (f) Hospitals 2 for each bed (g) Offices not providing customer services on the premises 1 for each 4 employees or 1 for each 500 sq. ft. floor area, whichever is greater (h) Veterinary clinic (out-patient)l for each 200 sq. ft. of gross floor area or portion thereof (5) In District VI the gross parking area shall be one and one-half times the gross building area for all of District VI. (6) All parking areas and loading areas shall be paved with Portland I Cement concrete or asphaltic concrete. (7) Parking facilities shall be provided on the property on which the building is located or within 300 feet of the building. 28--1404. Roof mounted mechanical equipment. Roof mounted mechanical equipment shall be architecturally screened. I 36 28--1500. (1) I (2) (3) (4) (5) (6) (7) (8) (9) (10) (ll ) (12) Ordinance Number . Article 15. l~lht Manufacturing Zone -1 Zone t " Permitted uses. Wholesale businesses Aircraft manufacturing Automobile painting and body work Boat building, repairing and outfitting Bottling plant Building materials yard Light manufacturing and component assembling Vehicle storage yard Veterinary hospitals Warehousing Other similar enterprises when interpreted by the Planning Commission as meeting the intent of light manufacturing uses Accessory buildings and uses customarily incidental to any of the above uses when located on the same site with the main building. 28--1501. Limitations on permitted uses in the M-l zone. All M-l uses shall be conducted wholly within a building or conducted behind a six foot high willcof concrete block or other material approved by the Planning Director. I 28--1502. General provisions, lot size. open space and yards. (1) Minimum lot size: Width 100 ft. Depth 100 ft. Area 10,000 sq. ft. (2) Yard dimensions: (minimums) Front yard abutting street 15 ft. * Side yard abutting street 15 ft. * Rear yard abutting street 15 ft. * Side yard not abutting street 15 ft. Rear yard not abutting street 15 ft. (3) Lot coverage 70% maximum (4) Maximum height, main building 10 acre or larger site 75 ft. less than 10 acre site 35 ft. I (5) Maximum height, accessory building 10 acre or larger site 20 ft. less than 10 acre site 15 ft. (6) Landscaping 5% (*) When manufacturing property has a front, side or rear yard on a block with residential properties, the required front, side or rear yards for manufacturing property shall be the same as required for the residential zone, except loading zone requirements shall supercede the residential zone rear yard. 37 I I I Ordinance Number , , 28--1503. Parking required, parking size, (1) Parking space dimensions (2) Drive aisle (3) Loading space per building loading zone. 9 ft. x 20 ft. 24 ft. 22 ft. x 45 ft. at rear of building (4) Parking requirements: General manufacturing uses 1 for each 3 employees on maximum working shift, or not less than 1 for each 800 sq. ft. of floor area, whichever is greater Warehouse and storage buildings 1 for each 4 employees or 1 for each 800 sq. ft. of floor area, whichever is greater Transportation terminal facilities AdeQUate number as determined by the Planning Commission 38 Ordinance Number . , . . '. Article 16. Oil Extraction Zone (D-E Zone t 28--1600. Permitted uses. In the oil extraction zone the following uses are permitted subject to the I issuance of a conditional use permit to be processed in the manner specified in Article 25 of this ordinance. I I (l) Orilling operations for the production of oil, gas or other hydrocarbon substances (2) Separation centers for oil and gas (3) Storage tanks and related facilities (4) Maintenance and operations yards in cOnjunction with any of the uses listed above 39 , ' Article 17. I I I (reserved) 40 Ordinance Number I I I Ordinance Number " Article 18. Sign Provisions 28--1800. Planning Commission to review all signs. All proposed signs shall be subject to review by the Planning Commission to insure compatibflity with surrounding uses and to insure that health, safety and welfare are not 3il1Opardizect. 28--1801. Signs not to flash or rotate. All proposed signs shall not flash or rotate or simulate movement or appear to flash or rotate. 41 Ordinance Number Article 19. Recreational Golf Zone jR-G Zone} " " 28--1900. Permitted uses. Golf course Driving range Club house containing a restaurant, locker room, pro shop and meeting rooms when constructed in conjunction with a golf course Maintenance facilities as required for the operation of a golf course other recreational uses when constructed in conjunction with a golf course (1) I (2) (3) (4) (5) (6) 28--1901. (1) (2) (3) I I Cocktail lounge subject to the issuance of a conditional use permit Required parking. Parking space size: Turning radius (aisle width) NUlllber of parking spaces (a) Restaurant and cocktail lounges 9 ft. x 20 ft. 24 ft. 1 for each 100 sq. ft. of gross floor area or portion thereof 1 for each 300 sq. ft. of gross floor area or portion thereof 5 spaces for each hole (b) Pro shop (c) Golf course 42 I I I Ordinance Number . Article 20. Public Land Use Zone J PLU Zone J. 28--2000. Preamble. In order to provide the protection of open space lands and publicly used lands within the City of Seal Beach a zoning designation of public land use (PLU) is deemed necessary. 28--2001. Intent. The public land use zone is intended to provide a land use designation for publicly owned and publiclyused buildings, public parklands and public open space areas. The zone is intended to protect parcels and/or areas which have been designated in the Open Space Element to the General Plan as providing either existing or proposed open space needs for the public. In addition to open space areas deemed necessary for the preservation of public health, safety and welfare, publicly owned buildings and facilities which are used by the public are also included within this zone. 28--2002. Uses permitted. The follOWing uses are hereby permitted in the public land use (PLU) zone. (1) Public parks, green belts, beaches, piers, wildlife refuges, tidal marshlands, bicycle trails, nature trails, flood control basins, flood control channels, parking lots or facilities, and earthquake fault buffer zones ' (2) All buildings and facil ities owned or operated by the City of Seal Beach, County of Orange, State of California, United;iStates Government and .special assessment districts such as a sanitation or water district provided such buildings and facilities are used for public purposes' (3) Public schools, museums and other historical ~~ndmarks, sites, memorials 'or monuments (4) Concessions and businesses when so designated and approved by the City Council, subdect to all conditions imposed at the time of approval and located on public land (5) Other public uses when found by the Planning Commission to be within the intent and contemplation of this article 43 I I I Ordinance Number . ~ Article 21. Unclassified Uses. 28--2100. Generally All of the following uses are determined to possess characteristics of such a unique and special form as to make impractical their automatic inclusion in any single zone. The authority for the location and operation of such uses shall be subject to review and the issuance of an unclassified use permit. The purpose of the review shall be to insure that the proposed use is reasonably compatible with the type of uses permitted in surrounding areas. If the proposed use is found to be compatible, conditions may be imposed at the time of issuance of the unclassified use permit to insure compatibility. (1) Airports or landing fields (2) Establishment or enterprises involving large assemblages of people or automobiles as follows: (a) Open air theaters (b) Recreational centers, privately owned (c) Riding and boarding stables (3) Kennels, but excluded from any residential zone (4) Mobile home parks, subject to development standards 28--2101. Yard requir.ements. The provisions for required front and side yard applicable to the particular zone in Nhich any such use is proposed to be located shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions or additions are made'with respect thereto. 28--2102. Height and .area;requirements. The provisions for height and area applicable to the particular zone in which any such use is proposed to be located shall. prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions or additions are made with respect thereto. ~ .a~2103. Off~street parking and loading space requirements. The requirements for provision of off-street parking and loading space requirements applicable to the particular use shall prevail, unless in the findings and conditions recited in the resolution dealing with each such matter specific exemptions or requirements are made with respect thereto. 44 I I I Ordinance Number Article 22. General Provisions. Conditions and Exceptions. Use. lligh~lay Dedication .and Improvement 28--2200. Foregoing regulations subject to the article. The foregoing regulations pertaining to the several zones shall be subject to the general provisions. conditions and exceptions contained in this article. 28--2201. Limitation on land use. Except as provided in this article and Articles 23 and 24, no building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is specifically permitted in the zone in ~Ihich such building or land is located. ' 28--2202. Clarification of ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within this ordinance or if ambiguity exists with respect to the interpretation of any provision within this ordinance, it shall be the duty of the Planning Commission to ascertain all pertinent facts and by resolution of record set forth its findings and its interpretations. Such resolution shall be forwarded to the City Council and the City Council's determination on the matter shall govern. For classifying or determining the proper zone for a proposed use the degree of compatibility between the proposed use and other uses permitted in the zone shall be evaluated. 28--2203. Public utilities. The provisions of this ordinance shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipe lines and Cable TV, electric or telephone transmission lines or railroads when located in accordance l'lith the applicable rules and regulations of the Public Utilities Commission of the State of California within right-of-way, easer.1ents, franchises or ownerships of such publ ic util ities. 28--2204. Temporary real estate office. One temporary real estate office may be located on any new subdivision in any zone; provided, that such office if in any residential zone shall be removed at the end of a twelve-month period measured from the date of the recording of the map of the subdivision upon which said office is located. 28--2205. Temporary construction buildings. Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction or major construction projects may be established and maintained during the progress of such construction on such projects and shall be removed within sixty days after completion or sixty days after cessation of work. 28--2206. Required off-street parking. Every building or portion of building hereafter erected shall be provided with permanently maintained parking space as provided in the respective zones and such parking space shall be made permanently available and be pennanently maintained for parking purposes. 45 I I I Ordinance Number 28--2207. Parking provisions may be waived by Commission. Upon the presentation of evidence showing sufficient justification, the Commission may, by resolution, waive or modify the provisions establishing required parking spaces for uses such as electrical power generating plants, electrical transformer stations, utility storage yards or other uses of a similar or like nature requiring a very limited number of persons. 28--2208. Parking requirements for uses not specified. Where the parking requirements for a use are not specifically defined, the parking requirements for such use shall be determined by the Planning Commission during a public hearing. Such determination shall be based upon the requirements for the most comparable use specified. The findings in such matters shall be set forth by resolution citing the considerations upon which the decision is based. Such determination shall not become effective until affirmed by the City Council. 28--2209. General requirements pertaining to parking. The following general requirements shall apply: (1) Form and access: (a) For residential uses, parking facilities shall be parking spaces in a garage or carport and, where there is a partition or partitions, one foot of additional width shall be provided for each such partition and all of such parking spaces shall have adequate provisions for ingress and egress. Width and length insofar as they pertain to this ordinance shall be interior dimensions only. Curb openings: In the R-2 and R-3 zones there shall be no curb openings or curb cuts to any lot or parcel served by an alley. Exceptions: On lots of more than 50 foot in width and containing more than four dwelling units, curb opening may be approved by issuance of a conditional use permit in the following cases; when it is determined to provide the most efficient parking arrangement on site: (b) ((1)) Facilities designed for drive-through ingress and egress, and ((2)) Facilities with at least 1/2 of the required parking provided via a curb opening. (2) Location: Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve. (a) For residential buildings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve. (b) For hotels, hospitals, sanitariums, homes for the aged, rooming houses, club rooms, fraternity and sorority houses, not more than one hundred fifty feet from the building they are required to serve. (c) For uses other than those specified above, not over three hundred feet from the building they are required to serve. (3) ~l1xed occupancies: In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for common facilities. 46 I I I Ordinance Number (4) Common facilities: Common parking facilities,may be ,provided iri lie~' of individual requirements; provided, the-total-of such off-street parking spaces shall not. be less than the sum of the' various uses computed separately. Such facilities shall be approved by the Planning Commission as to size, shape and relationship to business sites-to. .be. served. When any such common facility is to occupy a site of five thousand. square feet or more, then the parking requirements as. specified. herein. for each of two or,mor.e participating buildings or uses may be reduced not more than fifteen per cent upon the issuance of a conditional use permit by the Planning Commission. (5) Plans: A plan of the proposed parking areas shall be submitted to the Planning Department at the time of the application for the building permit for the building to which the parking area is accessory. The plans shall clearly indicate curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot. Any building in parking areas shall be subject to the same restrictions governing accessory buildings as defined in the zone in which said parking is located. 28--2210. Required improvement and maintenance of parking areas and vehicle sales areas. (1) All permanent off-street parking and vehicle sales areas shall be paved with Portland Cement concrete or asphaltic concrete ur other similar material. ~ll off-street parking areas shall be 'graded and drained so as to dispose of all surface w~ter. Drainage shall be taken to the curb and gutter or nearest public drainage facilities and away from adjoining property. (a) Oriveways shall be paved with Portland Cement concrete or asphaltic concrete or such other materials as may be approved by the City ~~~ineer. . "~t (2) Border barricades, screening and landscaping. (a) All parking areas and vehicle sales areas that are not separated by a fence from any street or alley property line or side property line upon which they abut shall be provided with a suitable concrete curb or timber barrier not less than six inches in- .height located not less than four feet from such property lines. (b) Every parking area or vehicle sales area which abuts property located in.a-residential zone'shall be separated'from such property by a solid wall six feet in height measured from the grade of the finished surface of such lot closest to the contiguous residentially zones property, provided, that along the required front yard of-the "R" property the wall shall not exceed forty-two inches in height. (c) Any lights provided to illuminate any parking area, or vehicle sales area permitted by this ordinance shall be arranged so as to reflect the light away from any premises upon which a dwelling unit is located. (3) Entrances and exits: The location and design of all entrances and exits shall be subject to the approval of the City Engineer. 28--2211. Required loading space. Every main building hereafter erected or structurally altered or designed for use for commercial or industrial purposes in a commercial or manufacturing zone (excepting C-O zone) shall be provided with loading spaces as follows, and under the foll~ng conditions: 47 (1) (2) (3) I 28--2212. (1) Ordinance Number , . All loading and unloading operations and parking of trucks shali be . provided for and performed on the site. Space designated as a loading area shall not be considered as satisfying any off-street parking requirements prescribed by this ordinance. All required off-street loading areas shall be paved with Portland cement concrete or asphaltic co~crete and shall be graded and drained so as to dispose of all surface water. Drainage shall be taken to the curb and gutter or to the nearest public drainage facilities and atmy from adjoining property. Uighway dedication and improvement. No certificate of occupancy shall be issued for development or redevelopment of any use or building on any property abutting streets and highways shown in the "Circulation Element of Streets and lIighways of the General Plan" until the streets and highways are dedicated to the City of Seal Beach to their ultimate right-of-way width and length abutting the subject property. Full improvements shall be constructed by the developer to tiE specifications contained in Chapter 21 and Chapter 5 of the Seal Beach City Code and to the requirements of the City Engineer. (2) Exception: If at the time of development it is impractical, in the opinion of the City Engineer, for the required improvement to be provided, the owner of the subject property shall deposit a,faithful performance bond with the City in an amount, as determined by the City Engineer, sufficient to insure the construction of the improvements. (3) The center 1 ine of any street or highway shown on the Circulation Element may be established by resolution of the Planning Commission and becomes effective upon affirmation by City Council. (4) Minor additions or expansion to existing buildings shall be excluded from the highway dedication and improvement. (5) Any deviations from the provisions of this section may be approved by issuance of a conditional use permit by the Planning Commission. I I 48 I I I Ordinance Number " ., Article 23. General Provisions, Conditions and Except10ns. Yards,~ Area, Open space an~ 28--2300. Foregoing regulations subject to this article. The foregoing regulations pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this article. 28--2301. -Lot area and dimensions; requirements and exceptions. (1) Requirements: Minimum lot area, width and depth shall be as required in articles 4, 5, 6, 7, 8, 12, 13, 14 and 15 except as otherwide provided in this ordinance. (2) Exceptions: Area, width and depth of nonconforming lots. (a) Except as otherwise provided in this ordinance a lot having an area, frontage, width or depth less than the minimum prescribed for the district and zone in which the lot is located, which lot is shown on a duly approved and recorded subdivision map or record of survey map or for which a deed or valid contract of sale was of record prior to the adoption of this ordinance and which had a legal area, frontage, width and depth at the time that the subdivision map or record of survey map, deed or contract of sale was recorded, may be used for any use permitted in the district and zone in which the lot is located; provided, that said lot and use conform to~all regulations of said district and zone other than lot minimum area, width or depth. ( NOTE: The following schedule is provided for information purposes indicating legally acceptable minimum lot areas and widths prior to the adoption of this zoning ordinance. Zones Schedule of Legal Lot Areas Prior to Adoption of this Ordinance Minimum leQal areas and dimensions'of'lots'of record Prior to 1/18/55 1/18/55 to 1/15/66 1/15/66 to 6/26/74 per Ord. 406 per Code 21-8 per Code 21-8 Area Width Area Width Area Width SQ. Ft. Feet SQ.Ft. Feet SQ. Ft. Feet 2,400 25 5,000 50* 7.000 70 2,400 25 5,500 50* 7,000 70 2,400 25 6,500 50* 7,000 70 R-l R-2 R-3 All C and M Zones 50* 7,000 70 -- -- -- * Minimum corner lot width -- 55 feet (3) No~ 10toarel<.shal1 be SO reduced.or::dim~ni5hed sOi"that the:'lot,al'lea,' yard or other open spaces shall be smaller than prescribed by this ordinance nor shall the density of population be increased in any manner except in conformity with the regulations established by this ordinance. (4) The minimum width of corner lots shall be ten per cent greater than the minimum width for the district or zone given in the zoning schedule. 49 I I I Ordinance Number - . (5) When any lot or parcel in any zone contains a greater area than"the " required minimllll lot area for the zone in which it is located, then said lot or parcel may be divided into individual lots provided each resulting lot contains the minimum required length, width and area for the zone in which it is located. 28--2302. Yard regulations, general. Except as provided in this article, every required yard shall be open and unobstructed from the ground to the sky. No yard or open space provided on a parcel or building site for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other parcel or building site. 28--2303. Yard measurements, general. Required yards shall be measured as the minimum horizontal distance from the property line of the site or street line to a line parallel thereto on the site. 28--2304. Descriptive plates or drawings. The Planning Commission may, by resolution, adopt descriptive plates or drawings for purposes of inter~eting yard, area, dimension, location or other provisions of this ordinance. After the adoption of such plates or drawings, the provisions indicated thereon shall be applied as an administrative act. 28--2305. Commission may establish formula for modifying yard requirements. The Planning Commission may, by resolution, adopt a formula or establish standard practices by which to determine an appropriate and practical modification of required yard depths in all residential zones where geometric shape and dimensions and topography~re such as to make the literal application of such required depths impractical. After adoption of such formula or standard practices, they shall be applied as an administrative act. 28--2306. Vision clearance, corner and reversed corner lots. No obstruction -in excess of two and one-half feet in height shall be located on a corner lot or reversed corner lot wi thin a triangle formed' by the street property lines and a line connecting points on the street property lines (fifteen feet in Oistrict I and thirty-five feet in the remainder of the city) from the intersection of said street property lines except that trees shall be permitted profided that they are pruned up to eight feet above the established grade at the center of the street intersection so as not to obstruct clear view by motor vehicle drivers. 28--2307. Vision clearance, alley or alley and street intersection. No fence, wall or shrub exceeding three feet in height shall be located, placed, constructed, or maintained within four feet of the point of intersection of any alley with any street right-of-way, or at the intersection of any alley with any other alley. 28--2308. Side yards abutting front entr.ances of dwellings. Where dwellings are arranged so that their front entrances abut on 'a side yard a nd the required side yard is less than five feet in width, the setback at the main entrance shall be increased to five feet at the main entrance abutting the side yard except where other provisions of this ordinance requires a side yard setback in excess of five feet. (1) In the case of Single leaf doors and stairways said five foot setback shall extend two feet on both sides of the single leaf door and stairway entrance or landing. 50 Ordinance Number " (2) In the case of double leaf doors, said five foot setback shall extend' one foot on both sides of double leaf doors. 28--2309. Side yard modification on combined lots. When the common boundary line separating two or more contiguous lots is covered by a building or permitted group of buildings or when the placement of a building I or group of buildings with respect to such common boundary line or lines does not fully conform to the required yard spaces on each side of such common boundary line or lines, such lots shall constitute a single building site and the yard spaces as required by this ordinance shall then not apply to such boundary line. 28--2310. Rear yards of lots abutting alley, structure clearance. Structures located on lots bounded on two sides by an all~ shall be constructed at the second and third stories so that no obstruction exists within an isosceles triangle formed by the intersecting centerlines of the alleys and a line drawn between two points twenty-eight feet in either direction from the point of said intersection. 28--23ll. Yard requirements for commercial or manufacturing zoned lots which abut residential zoned lots. I Where any conii1ercial or manufacturing zoned lot has a common property line with a residential zoned lot, then a minimum yard width of five feet shall be provided on said commercial or manufacturing zoned lot adjacent to the full length of said cOllll\On property 1 ine, except that if a greater width of yard is required by other prOVisions of this ordinance, then said greater width of yard shall be provided. 28--2312. Required distances between structures. (1) No dwelling or other main building shall be closer than ten feet to any other dwelling or main building on the same lot or building site and no detached accessory building shall be closer than six feet to any main buildings. (2) Garages, carports and other accessory structures may be attached to and have a common wall with the main structure on a lot or building site or may be connected with the main structure by a common roofline. 28--2313. Permitted intrusions into required yards. The following intrusions may project two feet into required yards; provided, the required side yards shall not be reduced to less than three feet in width, nor shall any pedestrian walkway on the lot be reduced below three feet in unobstructed width: I (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features above the first floor (2) Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part (3) Stairways, balconies and fire escapes (4) Uncovered porches and platforms which do not extend above the level of the first floor; provided, they may extend into a required front yard not more than thirty inches (5) Planting boxes or masonry planters not exceeding forty-two inches in height (6) Guard railings for safety protection around ramps 51 I I I Ordinance Number . IIi"District I, all of the above protrusions may project not more than twci 'feet. into the required side yards; provided, the required side yards shall not be reduced to less than two feet in width. 28--2314. Trees, shrubs and flowers permitted in yards. Shrubs, flowers, plants, hedges and trees shall be permitted in any required yard except as provided in section 28~~2306 of this ordinance. 28--2315. Screening and landscaping. (1) In a COlIIllercial or manufacturing zone a use not conducted entirely within an enclosed structure and on a site across a street or alley from a residential zone shall be_screened by a wall or fence, with solid gate,s where necessary, not less than six feet i'n height. (2) A landscaped area provided as a requirement of this ordinance or as a condition of a conditional use permit or variance shall be planted with materials suitable for screening or ornamenting the site, and.. plant materials shall be replaced as needed to screen or ornament the site. The landscaped area shall be permanently maintained by the owner.. (3) The provisions of this section shall be subject to the limitations prescribed in section 28--2306 of this ordinance. 28--2316. Fences, walls, hedges, screen planting. (1) Interior lots. On an interior lot or interior~side of a corner lot a wall, fence, hedge or screen planting not more than six feet in height may be located anywhere to the rear of the required front yard setback. If said wall, fence, hedge or screen planting serves to divide two lots and if one lot has a different front yard requirement than the other, the least restrictive requirement shall preva it . (2) Corner lots. On the side street side of a corner lot a wall, fence, hedge or screen planting not more than six feet in height may be located anywhere on the lot to the rear of the corner of the residence nearest to the front street. In College Park East said wall or fence shall be set back four feet from the exterior side property line. (3) Reversed corner lots. On a reversed corner lot a wall, fence, hedge or screen planting not more than six feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard. (4) Common lot lines. A wall, fence, hedge or screen planting:lnot more than six feet in height may be located and maintained along or within one foot of the common line between two lots su~ect only to the lesser of the two restrictions applying to the two adjoining lots as per the preceding paragraphs in this section. (5) legally required fences. The provisions of this section shall not apply to fences required by state law to surround and enclose public utility installations. (6) Retaining walls. Where a retaining wall is located on the line separating lots or parcels, such retaining Nilll may be topped by a wall, fence, hedge or screen planting of the same height that would otherwise be permitted at the location if no retaining wall existed. 52 I I I Ordinance Number 28--2317. Building height limits. (1) Requirements, general. No building or structure shall exceed the building height limit for the district and zone in which it is located or proposed to be located, except as otherwise provided in this ordinance. (2) Measurement. The height of a structure shall be measured vertically from the average elevation of the grade of the ground covered by the structure to the highest point of the structure or to the coping or top of parapet of a flat roof or to the peak of a gable, hip or gambrel roof. (3) Exceptions: Chimneys, flagpoles, radio and television aerials, stairwells, and antennae covering not more than five per cent of the ground area covered by the main structure may be erected to a height of not more than twenty feet above the building roof. Utility poles and towers shall not be subject to the height limits prescribed in these zoning regulations. 28--2318. Automobile service stations; performance and development standards. Notwithstanding the requirements of any district, the following performance and development standards shall apply to the establishment, maintenance and operation of automobile service stations in the C-2 zone. (1) Purpose and intent. The automobile service station standards are established to allow the construction, operation and maintenance of service stations so as to be compatible with other permitted uses in the zone. It is recognized that service stations warrant special consideration because of several important elements of design and' operation that are unique and significant such as: total dependenee on vehicular traffic, distinctive physical appearance, unenclosed nature of activities, and long hours of operation. The standards are intended to minimize any adverse effect on neighboring uses by the application of standards for signs, landscaping, screening, and the location and nature of operating activities. (2) Uses permitted. An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in the operation and maintenance of automobile vehicles and fulfilling of motorist automotive needs. These may include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental motorist servi~es and products. Major automotive repairs, painting, body and fender work, and any other use permitted in the zone is prohibited. Only vehicles being services, vehicles of employees and/or service vehicles shall be parked or stored upon the site. Wrecked or dismantled vehicles shall be removed from the site within forty-eight hours. (3) Building line regulations. Building setback line for all structures is eighteen feet from the ultimate street right-of-way line, or as otherwise provided in subsection (7) of this section, except canopy roofs over pump islands may be cantilevered to within five feet of the ultimate street right-of-way line. (4) Minimum lot area and frontage. (a) The minimum lot area shall be 22,600 square feet. (b) The minimum lot frontage upon any street shall be 125 feet. 53 I I I Ordinance Number (5) Exterior displays and trash and storage. Displays of merchandfse sha~l not be located further than five feet from the service station building. However, oil products necessary for daily direct service to automobiles may be stored on the pump island. This display shall not be greater than six feet in height. . Storage of parts or trash shall be within a building or trash enclosure. (6) Signs. Business signs are permitted in conformance with the regulations of the Seal Beach Sign Code and the provisions of the zoning ordinance subject to the follOWing limitations: (a) The total area of all signs shall not exceed an aggregate of 200 square feet on the premises as follows: ((1)) One free-standing identification sign-1ocated no closer than fifty feet from any parcel used or zoned residential. ((2)) For corner lots, two price boards, not exceeding twenty square feet each may be located either at the intersection or along the frontage of either street. ((3)) For interior lots, one free standing price sign not exceeding twenty square feet may be located along the frontage road. ((4)) Advertising signs not related to motor vehicles shall not exceed seventy-five square feet in total area, and shall be affixed to a building or permanently mounted sign structure. ((5)) Portable signs are prohibited. ((6)) Three single faced promotional banners. each not to exceed twenty-four square feet per face, may be located on permanent 'poles or building structures on the premises. ((7)) Only one face of double faced signs are included in the total sign area. (b) The maximum area of any sign shall not exceed one hundred square feet. (c) Sign supports shall not be closer than five feet to the ultimate street right-of-way line. (d) Maximum and minimum heights. ((1)) The maximum height of the identification sign structure shall not exceed twenty-five feet. ((2)) The maximum height of the price sign structure shall not exceed fifteen feet. ((3)) Within the front and exterior side setback, there shall be no sign ,below seven feet that would obstruct vision. (e) Advertising devices and advertising displays are prohibited outside the building excepting displays of merchandise as provided under paragraph (5) above. ' (7) Lighting. All liahting shall be designed and located so as to confine direct rays to .the -premises. 54 I I I Ordinance Number (8) Outside activities. Vehicle repairs and adjustments, wheel alignment, tune-ups, and all activities other than sale of motor fuels and services incidental to such sale of motor fuels, are prohibited outside the main building. (9) Screening. A masonry wall shall be installed and maintained along property lines where the premises abut areas zoned for residential uses. Said wall shall be six feet in height, except within twenty feet of any ultimate street right-of-~/ay line, where the he.ight shall not exceed 24". Where there is a difference in elevation on opposite sides of the wall, the height shall be measured from the highest elevation. No signs or sign supports shall be permitted upon any wall~ Notwithstanding the requirements listed above, where the finished elevation of the property is lower, at the boundary line or within five feet inside the boundary line, than abutting property elevation, such change in elevation may be used in lieu of or in combination with a wall to satisfy the screening requirements for this zone. (10) Landscaping. Landscaping, consisting of evergreen trees, shrubs, vines, ground cover or any combination thereof, shall be installed and maintained subject to the following standards: (a) A minimum of five per cent of the site shall be landscaped. (b) Boundary landscaping is required for a minimum depth of four feet along property lines abutting streets except for the area required for street openings and the area wi thin five feet on either side of street openings. (c) Separation. Any landscaped area shall be separated from an adjacent vehicular area by a wall or curb at least six inches higher than the adjacent vehicular area. (d) Intersections. Landscaping along all streets and boundaries shall be limited to a height of not more than three and one-half feet within twenty feet of the point of intersection of: ((1)) A vehicular trafficway or driveway and a street, ((2)) A vehicular trafficway or driveway and a sidewalk, or ((3)) Two or more vehicular trafficways, driveways or streets. (e) Watering. Permanent watering facilities shall be provided for all landscaped areas. (f) Maintenance. Required landscaping shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of laws, weeding, removal of litter, fertilizing, replacement when necessary, and the regular watering of all plantings. (11) Architectural design. All service station buildings and facilities shall be architecturally designed for the conditions of each specific site and neighborhood. (12) Discontinued operation. When the intended use of any service station is discontinued and said use is not reestablished within ninety consecutive days, any conditional use permit or variance issued for that site shall immediately become null and void, and the buildings and structures shall be and are hereby declared to be a public nuisance and shall be abated. In the event that a ninety-day discontinuance can be sho~m to cause an undue and unnecessary hardship, said owner may apply for one ninety-day continuance by submitting facts sufficient to satisfy the Planning Conmission that hardship exists. 55 I I I Ordinance Number " .. Article 24. General provisionsd Conditions and Exceptions, Nonconformlng Suil 1ngs and Uses. 28--2400. Nonconforming use limits; other uses. While a nonconforming use exists on any lot, no additional use may be established thereon unless such additional use is conforming and, in addition, such additional use does not increase the nonconformity. 28--2401. Time limit on abandoned nonconforming use. If a nonconforming use is discontinued for a period of three consecutive months, such use shall be considered abandoned and shall thereafter be used only in accordance with regulations for the district and zone in which the property is located. 28--2402. Removal of nonconforming buildings or change in status of nonconforming .!!!!!,. If any nonconforming building is removed, every future use of the land on which the building I~S located shall conform to the provisions of this ordinance. 28--2403. Provisions of this article to apPlf to nonconformin{ use and nonconforming buildings resultlng rom reclasslfica lon. The provisions of this article shall apply to buildings, lands and uses which hereafter become nonconforming due to any reclassification of zones under this ordinance or any other ordinances. 28--2404. Ilonconforming use of land when no structure involved. In any zone, the nonconforming use of land wherein no structure is involved shall be abated within one year from the date this ordinance becomes effective and any further use of such land shall conform to the provisions of this ordinance. If the nonconforming use of land existing at the time this ordinance takes effect is thereafter discontinued for three consecutive months or more any further use of such land shall conform to the provisions of this ordinance. 28~2405. Commission may determine conditions for abatement. When any nonconforming condition exists in any zone, other than the nonconforming use of land where no structure is involved, the Planning Commission may after a public hearing, fix a date upon which the nonconforming building I~S establ ished. 28--2406. Reconstruction of nonconforming building partially destroyed. A nonconforming building destroyed to the extent of not more than fifty per cent of its value at the time of its destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this article. 28--2407. tlonconforming buildings and uses may not be enlarged or structurally altered. Except as provided in sections 28--405, 28--703 and 28--804, no nonconforming building may be enlarged or structurally altered nor nonconforming use expanded unless such enlargement or structural alteration or expansion makes the building or use conforming. However, where a building or buildings are nonconforming only by reason of substandard yards or open spaces, the provisions of this ordinance prohibiting structural alterations or enlargenlents shall not apply; provided, that any structural alterations and enlargements shall not further reduce the size of required yards and open space. ..t; ; 56 I I I Ordinance Number ~ Article 25. Variances and Conditional Use Permits 28--2500. Variances may be granted. When practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this ordinance result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have the authority. as an administrative act subject to the provisions of this article, to grant upon such conditions as it may determine such variance from the provisions of this ordinance as may be in harmony with its general purpose and intent so that the spirit of this ordinance shall be observed. public safety and welfare secured and substantial justice done. 28--2501. Purpose of variance. The sole purpose of any variance shall be to prevent discrimination and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone; provided that a variance may be granted permitting the temporary establishment of uses necessary by rcason of public emergencies or need. 28--2502. Required showings for variances. Before any variance be granted it shall be shown that: (1) Such variance shall not adversely affect the general plan. (2) Because of special circumstances applicable to the property. including size, shape. topography, location or surroundings. the strict application of the zoning ordinance deprives such property of privileg~s enjoyed by other property in the same vicinity and zone. (3) The granting of such variance shall not constitute a grant of special privilege inconsistent with other limitations upon other properties in the same vicinity and zone. 28--2503. Conditional use permits may be granted. The Planning Commission may grant a conditional use permit in the case of an application for a use which is required to be revie~red and conditioned prior to approval so as to insure compatibility with surrounding uses and the community in general and the General Plan. 28--2504. Purpose of conditional use permit. The purpose of a conditional use permit shall be to insure proposed uses are compatible with surrounding uses and not detrimental to the neighborhood. 28--2505. 1I0tice and hearing on application for variance or conditional use permit. Upon the filing of an application for a variance or conditional use permit by a property owner, or by the authorized agent or the owner. which application .sets forth fully the grounds for and the facts deemed to justify the granting of the variance or the conditional use permit, the Planning Commission shall givc public notice as provided in Article 27 of the intention to consider at a public hearing the granting of a variance or conditional use permit. 28--2506. Planning Commission shall announce findings and decision by resolution. Not more than forty calendar days following the action on a variance or conditional use permit, the Planning Commission shall announce its findings by formal resolution. The resolution shall recite the facts and reasons which in the opinion of the Planning 57 I I I Ordinance Number ) Commission made the granting or denial of the variance or conditional use permit necessary to carry out the provisions of this ordinance and general plan. If the resolution orders that the variance or conditional use permit be granted, it shall also recite such conditions and limitations as the the Commission may impose. 28--2507. llotice of decision of Commission when denying the application. When the action of the Commission is to deny an application, the Commission shall notify the applicant of such action by mail. 28--2508. Resolutions of Planning Con1Dission announcing findings and order shall be numbered and kept as permanent record. The formal resolution of the Planning Commission announcing its findings after a hearing on the application for a variance or conditional use permit shall be numbered consecutively and shall become a permanent record .in the files of the Planning Department. 28--2509. Effective date of order granting or denying variance or conditional use permit; time for appeal. . ~ The order of the Planning Commission in granting or denying a variance or conditional use permit shall become final and effective unless within ten calendar days after notification an appeal in writing is filed with the City Council by either an applicant or an interested party. The.filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as tl~ City Council has acted on the appeal as hereafter set forth in the ordinance. ' 28--2510. Transmission of Planning Commission's record to the City Council. Upon receipt of a written appeal filed with the City Council by the applicant or other interested party as provided in this article, the City Clerk shall advise the secretary of the Planning COllJlliss.;on who shall transmit to the City Clerk the Planning Commission's complete record of the case. 28--2511. City Council to hold public hearing on appeal. I~ithin a period not to exceed forty calendar days follol'ling the receipt of the written appeal from the decision of the Planning Commission, the City Council shall conduct a duly advertised public hearing, public notice of 11hich shall be given as provided in Article 27 of this ordinance. 28--2512. Adverse decision by City Council to be referred to Planning Commission. If the City Council proposes an action that is in any ~Iay contrary to the recommendations of the Planning Commission, it shall refer the matter back to the Planning Commission one time and request a further report of the Planning Conmission on the matter. Failure of the Planning Commission to report to the City Council withio forty calendar days after reference may be deemed to be arproval by the Planning Commission of any proposed change. 28--2513. City Council to announce findings and decision. by resolution or iili nute order. The City Council shall announce its decision by formal resolution not more than forty calendar days following the termination of the proceedings of the hearing or upon receipt of a report from the Planning Commission when a matter has been referred back to the Planning Commission, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, makes the granting or denial of the variance or conditional use permit necessary to carry out the general purpose of this ordinance and shall order that the . variance or conditional use permit be granted or denied or modified subject to such conditions or limitations that it may impose. 58 I I I Ordinance Number : '~ . , " 28--2514. Decision of the City Council shall be final. The action by the City Council on the application for variance or conditional use permit shall be by a majority vote of the entire membership of the City Council and shall be final and conclusive. 59 Ordinance Number .. Article 26. Amendments, Unclassified Use Permits and Planned Unit Developments 28--2600. Ordinance may be amended. The boundaries of the zones established by this ordinance, the classification of property uses therein or other provisions of this ordinance may be amended as follows: III (1) By amending the zoning map. (2) By revising the text of the ordinance. (3) By adopting a planned unit development amendment to the zoning map. 28--2601. Initiation of amendment to zoning ordinance, Amendments of this ordinance may be initiated by: (1) Adoption of a motion by the Planning Commission. (2) Adoption of a motion by the City Council requesting the Planning Commission to set the matter for hearing. 28--2602. Initiation of amendments to the zoning map. Amendments to the zoning map may be initiated by: Adoption of a motion by the Planning Commission. Adoption of a motion b,y the City Council requesting the Planning Commission to set the matter for hearing. The application of one or more property owners of property which is proposed to be changed. Submission of an application for a planned unit development. Initiation of an unclassified use permit. Initiation of an unclassified use permit may only be made by one or more property owners or their authorized agent. 28--2604. Applications. (1) (2) I (3) (4) 28--2603. . Whenever the owner or the authorized agent of any land or: property desires an amendment to the zoning map, an unclassified use permit or planned unit development, he shall file with the Planning Department a verified application. 28--2605. Commission to hold hearing on amendments and planned unit developments. Upon filing of. verified application or upon the adoption of.a motion by'the . Planning COIllIItissioil...or City Council,. the Planning Commission shall "'old :at least . one pub.l it hearing .l!." the ..ptoP.Osl!d amendmen~. or..plllnn'~. u!'ft ~ilevelopment ,as ' .p~~i~!ld .i.n :~rticle.;27'of tliis o.rdiriance. .' .." -. :. _:'., . 28--2606. Commission to hold hearings on unclassified use permits. I Upon the filing ofa verified application for an unclassified use permit the Planning Commission shall hold at least one pUblic hearing as provided in Article 27 of this ordinance. 60 Ordinance Number : 28--2607. Time for hearing. (1) Public hearings on amendments shall be not later than forty calendar days following the filing of an application or the adoption of a motion by the City Councilor Planning Commission. I 28--2608. Commission to announce findings. (2) Public hearings on planned unit developments or unclassified use permits shall be not later than forty calendar days fOllowing the filing of an application. The P~anning Commission shall announce its findings by formal resolution not more than forty calendar'days following the hearing. 28--2609. Notice of decision of Commission when denying the application. When the action of the Commission is to deny an application, the Commission shall notify the .a.pplicant .C!f such aCtion by mail. -- 28--2610. Commission action shall be final when denying application. The action of the Planning Commission in denying an application shall be final and conclusive unless within ten dalendar days following the date of notification to an applicant by the Planning Department an appeal in writing is filed with the City Council. 28--2611. Transmission of Commission's record to City Council. Upon receipt of a written appeal filed with the City Council by the applicant or other interested party as provided in this article, the City Clerk shall advise the secretary of the Planning Commission who shall transmit to the City Clerk the Planning Commission's complete record of the case. I 28--2612. ~:~ .~"'" Within forty calendar days following receipt of the resolution from the Planning Commission recommending the ado~ion of an amendment or planned unit development or the granting of an unclassified use permit or the filing of a written appeal from an order of the Commission denying an application for a planned unit development or unclassified use permit, the 'City Council shall conduct a public hearing on the matter, public notice of which shall be given as provided in Article 27. 28--2613. Adverse decision to be referred to the Planning Commission. If the City Council proposes an action that is in any way contrary to the recommendations of the Planning Commission, it shall, before final action is taken, refer any proposed changes on the matter ~.the.P~.nning Commission;one time. Failure of the Planning Commission to report to the City Council within forty calendar days after reference may be deemed to be approval by the Planning Commission of any proposed changes. 28--2614. City Council to announce findings and decision by ordinance or resolution. I The City Council shall act by ordinance to adopt all matters specified in this article, except that the City Council shall approve or deny an unclassified use permit by resolution. 28--2615. Decision of the City Council shall be final. The action by-the City Council on the application for amendment, planned unit development or unclassified use permit shall be by a majority vote of the entire membership of the City Council and shall be final and conclusive. 61 I I I Ordinance Number ~ 28--2616. Notice of decision of City Council. One copy of the ordinance or resolution shall be attached to the file in the case and the complete file returned to the Planning Department for permanent filing. 62 Ordinance Number Article 27. Procedure, Hearings, Notices and Fees 28--2700. Commission shall rescribe form of a lication blanks and app cat on an s an type 0 reQU n onnat on. The Planning Commission shall prescribe the form in which all applications are made for various types of modifications to this ordinance. I 28--2701. Acceptability of signatures on application. . If Signatures of persons other than the owners of property making the application are reQUired or offered in support of or in opposition to an application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of Seal Beach as represented by the Planning Commission and the City Council. . , e of 28--2702. Applications a part of permanent record. Applications filed pursuant to this ordinance shall be numbered consecut'ivelydn'" the order of their filing and shall become a part of the permanent official records of the Planning Department, and there shall be attached thereto and permanently filed therewith copie~ of all notices and actions with certificates and affidavits of posting, mailing or. publication thereto. 28--2703. Filing fees. The following fees shall be paid upon the,filing of any application: (1) Zone changes, amendment or planned unit development $250.00 (2) Unclassified use ,permit 100.00 I (3) Variance 60.00 (4) Conditional use, permit 50.00 (5) Prezoning.- - proceedings in any respect with reference to the initial adoption of a prezoning map shall involve no filing. Any modification of a prezoning map shall involve no filing. Any modification of a prezoning map initiated by other than the city subsequent to the initial adopti"on' of such map shall be subject to a filing fee of 200.00 (6) Appeal 50.00 28--2704. Setting hearing. All proposalS for amending the zoning ordinance, changes of zone, amending zone boundaries, planned unit developments as they are defined by this ordinance, or the consideration of conditional use permits or unclassified use permits as provided in this ordinance, or variances ow tentative tract maps shall be set by the secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission. The date of the hearing,shall be not less than ten calendar days nor more than forty calendar days from the time of filing of such verified application or the adoption of such resolution or the making of a motion. I All proposals for amending the zoning ordinance, changes of zone, amending zone boundaries, planned unit developments as they are defined by this ordinance or the consideration of unclassified use permits as provided in this ordinance or appeals shall be set by the City Clerk for publiC hearing when such public hearings are to be held before the City Council. The date of the hearing shall be not less than ten calendar days nor more than forty calendar days from the'time'of'filing~. of such verified application or the adoption of such resolution or the making of a motion or receipt of a resolution from the Planning Commission by the City Clerk. 63 I I I Ordinance Number 28--2705. . 1I0tices. " Notice of time and place of public hearings shall be given in the follolling manner: (1) Changes of zone request initiated by property owner, appeals, planned unit developments and unclassified use permits shall be by written notice posted in four public places and mailing written notice to all property owners within a 300 foot radius of the property to be directly affected. This action shall take place not less than ten days before the hearing date. (2) Amendments to the zoning ordinance or changes to zoning districts shall be by written notice posted in four public places not less than ten days before the hearing date. (3) Variances, conditional use permits or tentative tract maps shall be by written notice mailed to all property owners lofithin 300 feet of the property to be affected, not less than ten days before the hearing date. (4) Change of zone initiated by the City shall require that the City notify the affected property owner(s) and post in four, public places. (5) Both such methods may be employed at the direction of the Planning Oirector. 28--2706. Required wording of notices. Public notice of hearings shall consist of the words "Notice of Public Uearing," and the description of the property under consideration, the nature of the proposed change or use and the time and place at which the publ ic hearing or hearings on the matter will be held. 28 --2707. Investigations. The Planning Department shall investigate and report to the Planning Commission all facts bearing upon an application set for hearing in order to assure that proposed action on each case is consistent with the purpose of this ordinance. 28--2708. Establishment of rules for conduct of hearing. The Planning Commission may establish rules governing the conduct of public hearings conducted by it. 28--2709. Uearings may be continued wi thout recourse to publ ic notice. If, for any reason, testimony on a case set for public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to and at which said hearing will be continued and no further notice is required. 28--2710. Permanent files shall include summary of testimony. A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this ordinance and the names of~ersons testifying shall be recorded and made a part of the permanent files of the case. 28--2711. Limitation on refiling of applications. Final action as set forth in this ordinance by the Planning Commission or the City Council in denying application shall prohibit the further filing of an identical application on property previously filed upon until not less than one year shall have elapsed from the date of denial. 28--2712. Denial without prejudice. The Planning Commission or City Council may deny any application and add the words "without prejudice." If an application is denied in this manner, the provisions of section 28--2711 will not apply. 64 Ordiance Number . : Article 28. Revocation; Expiration 28--2800. Permits or variances may be revoked. After a publiC hearing held in the manner prescribed in Article 25 governing variances and conditional use permits and Article 26 governing unclassified use permit, the Planning Commission may on anyone or more of the following II grounds, revoke or modify any use permit or variance issued: II. I (1) That the use for which such approval was granted has ceased to exist or has been suspended for one year or more. (2) That the use for which such approval is granted is not being exercised. (3) That the permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation. (4) That the use for which the approval was granted was so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance. _ (5) That the permit or use granted was obtained by fraud or deceit. 28--2801. Expiration. Any~conditional use permit, unclassified use permit, or variance granted by the Planning Commission becomes null and void if not exercised within the time specified in such permit or variance, or if no date is specified, within one year from the date of approval of said use permit or variance. 65 I I I Ordinance Number . . , Article 29. Permits; Licenses; Enforcement and Rev1ew of Plans 28--2900. Certification of occupancy permit. To assure compliance with the parking requirements and other provisions of the zoning ordinance, a certificate of occupancy shall be obtained from the building department before: (1) Any new building be initially occupied or used. (2) Any existing building be altered or a.change of type or class of use made. (3) A change of use of any unimpr.oved premises be made. 28--2901. Site plan and building plan review of developments. No building permit shall be issued for the construction, alteration or addition to any building or structure until the Planning Oepartment shall have reviewed each proposal to insure that said proposal conforms with both the intent and provisions of this article. 28--2902. Filing copies of plan. In addition to meeting all the other requirements of this ordinance any applicant for a permit for a building or structure shall file with the Planning Oepartment three copies of the plans for the proposed building or structure. 28-2903. Information to be shown on site plan. The site plan shall be drawn to scale and shall indicate clearly and with full dimensioning the following information: (1) (2) (3) (4) (5) Lot dimensions All buildings and structures: location, size, height, proposed use Yards and space between buildings Walls.and fences: location, height and materials Off-street parking: location, number of spaces and/or dimension of parking area, and internal circulation pattern (6) Access: pedestrian, vehicular, service. points of ingress and egress (7) Lighting: location and general nature, holding devices (8) Street dedications and improvements (9) Availability of utilities (10) Such other data as may be required to permit the Planning Department to make the required findings. 28--2904. Action by department. Within ten days after the filing of the site, floor and elevation:_Pl~ns, the Planning Oepartment shall revi!w the plans' for clll)lpliance with provisions of this ordinance and shall approve, conditionally approve or deny said plans. 28--2905. Required findings by department. , , The Planning Department after an examination of the site, ,floor and ~l~vation plans prior to the approval of such plans, must make the following findings of fact: , , , 66 ! I I I I I I I I Ordinance Number . (11) the proposed building or development conforms with the provisi~ns of the zoning ordinance. (2) That the proposed building or structure' is' determined to be compatible lrith that of existing developments in the immediate neighborhood. (3) The plans indicate the manner in 1~lich adjacent structures are protected against noise, vibration and other undesirable environmental factors. (4) Proposed lighting be directed im'lard and downward to reflect light away from adjoining properties. (5) The following are so arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are protected and there will be.no adverse effect on surrounding property: (a) Building, structures and improvements (b) Vehicular, ingress and egress and internal circulation (c) Setback (d) Height of buildings (e) Walls (f) Landscaping. 28--2906. Department's action final. The decision of the Planning Department shall be final unless appealed to the Planning Commission. 28--2907. Appeal to the Commission. The applicant may appeal in writing the decision of the Planning Department to the Planning Commission. Such appeal shall be filed with the secretary to the Planning COfimission within ten days after the decision and shall be placed on the agenda of the next regular meeting of the Planning Commission, three additional sets of plans are required. The Planning Commission shall at the meeting or at any meeting which the matter may have been continued to, review said plans for compliance with the zoning ordinance and shall approve with conditions deemed necessary to protect the public health, safety and welfare or disapprove them. The decision of the Planning Commission may be appealed to the City Council. 28--2908. Appeal to the Council. The applicant may appeal in writing to the decision of the Planning Commission to the City Council. Such appeal shall be filed with the City Clerk within ten days after the decision and shall be placed on the agenda of the next regular meeting of the City Council. The City Council shall at the meeting or at any meeting which the matter may have been continued review said plans and shall approve with conditions deemed necessary to protect the public health, safety and welfare or disapprove them. The decision of the City Council shall be final. 28--2909. Final action. The approved plans, with any conditions shown thereon or attached thereto, shall be dated and signed by the secretary of the Planning Commission. Two copies of said plans and conditions shall be delivered to the building inspector who shall issue a building permit requiring compliance with the approved plans and conditions. 28--2910. Revisions or amendments. Revisions or amendments to an approved site or building plan shall be made pursuant to the procedure set forth in this part. 67 I I I Ordinance Number . l . . . Article 30. Penalty 28--3000. Violators punishable by fine and imprisonment. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed 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. 28--3001. Each day a separate offense. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable therefore as provided for in this ordinance and my use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance. ~ I I I Ordinance Number . . . . . . .- Article 31. Inte~retation; Purpose; Conflfct; verabflfty 28--3100. Interpretation. In interpreting and applying the provisions of this ordinance, said provisions shall be considered to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant or other agreement between parties. When this ordinance'imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this ordinance shall control. 28--3101. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance; it being hereby expressly declared that this ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact than anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 69 Ordinance Number . . ~ . & , ~ . . Article 32. Enactment and Repeal 28--3200. Repealing clause. Ordinance No. 628, together with all amending ordinances thereof, is hereby expressly repealed and all ordinances or parts of ordinances in conflict with this ordinance shall be and the same are hereby repealed. I 28--3201. Enacti ng clause. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be posted in four public places for a period of thirty days. . PASSEO, APPROVED AND ADOPTEO by the Cit~ouncil of the City of :11 Beach at a regular meeting thereof held on the :l day of ~./"h".,h , 1974. ~.- ~~~~ Mayor I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55 CITY OF SEAL BEACH ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certify to the passage and adoption of the foregoing ordinance by the j;ityj Council at a regular meeting. thereof held on the -0./( day of Lbh"hIf!LAl , 1974, by the following vot~ A ~ j AYES: Councilmen h/Uli2-A-7t{.~ ~'/~"'(~<J~-4-# JFtiv.u~hA NOES: 'Councilmen tz d ABSENT: Councilmen I 70 \j