HomeMy WebLinkAboutCC Ord 948 1974-12-09
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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"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.
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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.
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"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.
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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.
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"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.
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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.
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(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
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Ordinance Number
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(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 .
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Ordinance Number
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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.
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28--400.
(1)
I (2)
(3)
(4)
(5)
(6)
(7)
(8)
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Ordinance Number
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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.
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Ordinance Number
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(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.
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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.
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Ordinance Number
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(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.
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Ordinance Number
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Article 6. S-P Parking Zone
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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)
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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.
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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
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District I
District II
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(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.
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Ordinance Number
Article 8. High Density Residential
Zone lR-3 zone).
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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
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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.
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(2) Minimum number per
dwelling unit
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(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'.' .'
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* 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.
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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.
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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.
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Article 10.
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Ordinance Number
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(Reserved )
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Ordinance Number
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Article 11. Planned Unit Development
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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:
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Ordinance Number
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(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.
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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.
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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
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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
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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.
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Ordinance Number
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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.
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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
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Ordinance Number
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(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.
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Ordinance Number
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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
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Ordinance Number
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(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
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(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.
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28--1500.
(1)
I (2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(ll )
(12)
Ordinance Number
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Article 15. l~lht Manufacturing
Zone -1 Zone t
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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.
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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.
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Ordinance Number
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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
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Ordinance Number
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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.
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(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
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Article 17.
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(reserved)
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Ordinance Number
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Ordinance Number
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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.
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Ordinance Number
Article 19. Recreational Golf Zone
jR-G Zone}
"
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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)
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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
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Ordinance Number
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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
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Ordinance Number
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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.
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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.
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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.
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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.
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Ordinance Number
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.,
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.
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Ordinance Number
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(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.
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Ordinance Number
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(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
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Ordinance Number
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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.
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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.
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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.
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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.
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Ordinance Number
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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; ;
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Ordinance Number
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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
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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.
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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.
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Ordinance Number
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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.
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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.
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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.
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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.
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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.
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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.
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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:
,
,
,
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(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.
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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.
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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.
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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
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