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HomeMy WebLinkAboutCC AG PKT 2008-04-21 #I AGENDA STAFF REPORT . DATE: April 21, 2008 THRU: FROM: Honorable Mayor and City Council David Carmany, City Manager TO: Lee Whittenberg, Director of Development Services SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 1569 - SEAL BEACH MUNICIPAL CODE, TITLE 11: ZONING SUMMARY OF REQUEST: Conduct second reading and adopt Ordinance Number 1S69, amending the Seal Beach Municipal Code by deleting Chapter 28, Zoning, in its' entir-ety,. and. replacing it with a new Title 11, Zoning. . BACKGROUND: The City Council concluded its public hearing on the proposed Title 11, Zoning on April 14. After considering the testimony of numerous residents, the Planning Commission's recommendations, the staff report and exhibits, the Council requested revisions to the draft ordinance with respect to the height of residential structures and certain parking requirements. After considering revised language with respect to height and parking, the Council introduced Ordinance Number 1S69. As introduced, Ordinance Number 1569 contains the language recommended by the Planning Commission and the following revisions: [J A maximum height of 25-feet for residential construction in the RHD-20 District. Cl Off-street garage parking requirements for new or expanded homes to provide parking based on the follQwing standards: (J 2 space per dwelling unit for each unit of 1 to S bedrooms; Cl 3 spaces per dwelling unit for each unit of 6 bedrooms or more plus 1 additional space for each bedroom above 6 total bedrooms in the dwelling unit; and Cl An Administrative Use Permit will be required for proposed additions to existing single-unit dwellings if applicants do not want to comply with the new parking standards. . As" indicated during the public hearing, the new Zoning Ordinance does not require additional parking spaces where interior alterations create additional bedrooms, provided the structure is not enlarged. Agenda Item ~:\My Oocuments\Zonlng Code Revisions\Seal Beach Revisions\Final Zoning Code\CC Staff Report04-21- OB.DOC\LW\04-15-0S I . . . Conduct Second Reading and Adopt Ordinance 1569- Title 11: Zoning, Seal Beach Municipal Code City Council staff Report April 21, 2008 RECOMMENDATION: Conduct second reading and adopt Ordinance Number 1569, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, in its Entirety and Adopting a New Title 11, Zoning. SUBMITTED BY: NOTED AND APPROVED: Da~Cily Manager Attachments: (1) Attachment 1: Ordinance Number 1569, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, in its Entirety and Adopting a New Title 11, Zoning CC Staff Report.04-21..QS 2 . Conduct Second Reading and Adopt Ordinance 1569- Title 11: Zoning, Seal Beach Municipal Code City Council Staff Report April 21, 2008 ATTACHMENT 1 ORDINANCE NUMBER 1569, AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE 11, ZONING . . CC Staff Report.04-21-OS 3 . ORDINANCE NUMBER 1569 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE 11, ZONING THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby deletes Chapter 2B, Zoning, in its entirety and adopts a new Title 11, Zoning, to read as shown in Attachment A, with the following revisions: A. Revise Title 11 by adding the Title designator "11" in front of all Chapter, Section, Table, and Figure Numbers. To illustrate this revision, the following examples have been provided: Q Chapter 11.1.05:Title, Components and Purposes; Cl ~ 11.1.05.005: Zoning Code Adoption; Cl Section 11.1.05.005: Zoning Code Adoption; Cl Table 11.1.05.025: Zoning Districts; and Cl Figure 11.1.15.020.A: Shortest Distance. Revise Section 1.15.020.C: Measurements Involving a Structure, to read: B. . "C. Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Eaves and cornices are not Included in the measurement: Chimneys, 88':881 88rRi888, and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 1.15.020.C.1: Measurements Involving A Structure, and Figure 1.15.020.C.2: Architectural Projections into Setbacks. " C. Revise Table 2.05.015: Development Standards for Residential Districts, page 10 of Part II: Base District Regulations, to read: Minimum Permeable SurfacelMaximum 60/50 60150 60/50 60/50 60/50 60/50 (Y) Paving in Street - Facing Yards (%) Minimum Site 40i . Area Devoted to 25 15 15 (SS) 15 15 (Z) (SS) Landscaping (%) Planting Required on Downslope Yes Yes Yes Yes Yes Yes (M) Lots Ordinance Number 1S69 . Open Space (BB) Requirements Minimum Common Open Yes Yes Yes Yes Yes Yes (BB) Space per unit (sq. ft.) Minimum Private Open Yes Yes Yes Yes Yes Yes (BB) Space per unit (sq. ft.) Pedestrian -- - -- -- Yes Yes (Ce)" Walkways D. Revise Section 2.0S.01S.X: Limitations on Parking and Garage Frontage, sub-Section 3: Additional Setback for Garage Facing Street to read: 3. Additional Setla.slt ~ for Garage Facing Street. If a garage is located on the front half of a lot and faces the street, the garage walls and doors must be Bet 1a88h !!l!!!l at least S feet from the face of the main residence. See Figure 2.0S.01S.X.3: Additional astBas.'! ~ for Garage Facing Street. E. Revise Figure 2.0S.01S.X.3: Additional Setback for Garage Facing Street to read: . "Figure 2.0S.01S.X.3: Additional aBtsSBJr ~ for Garage Facing Street' Revise Section 2.0S.Q1S.Z: Minimum Site Area Devoted to Landscaping to read. F. "Z. Minimum Site Area Devoted to Landscaping. In all residential districts except the RLD-9 District and the RHD-20 District no less than 1S percent of any site shall be devoted to landscaping. With the exception of areas for entry and exit, all required front and street side setbacks shall be landscaped and such areas shall be credited to the required landscaping. A minimum of 2S percent of any lot in the RLD-9 District shall be devoted to landscaping. Also refer to Section 2.05.015.BB: ODen Soace Reauirements for aDDlicable aDen sDace reaulrements in the RLD-9 and RHD-20 Districts." G. Revise Section 2.0S.01S.EE: Roof Decks to read: gEE. Roof Decks. Roof Decks are allowed in the residential districts pursuant to Table 2.0S.Q1S: Development Standards for Residential Districts. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the main building envelope and height limit provisions of Table 2.0S.01S.J: Determination of Daylight Planes - RLD-9, RMD-18, and RHD-20 Districts, and Section 2.0S.o1S.K: Building Height - RLD-9 and RHD-20 Districts. The provisions of Section 2.0S.01S.J.4: Exceptions to Main Building Envelope, are not applicable to roof decks. In the RHD-20 District roof decks are not allowed above a height of 21.S feet for lots with widths eaual to or areater than "'iFi tA8R 37.S feet." . H. Revise Section 4.20.020: Shared Parking, sub-Section A.1: Permit Requirement, to read: "1. Permit Requirement. .\A AliI"'iAiBtnHi'J8 A Conditional Use Permit may be approved for shared parking facilities serving more than 1 use on a site or serving more than 1 property. The use Ordinance Number 1569 . permit may allow for a reduction of the total number of spaces required by this Chapter if the following findings are made, in addition to the required findings pursuant to Chapter 5.20: Development Permits, Section 5.20.020: Required Findings:" Revise Section 6.05.010: Definitions of Specialized Terms and Phrases. "Bedroorrf'to read: I. ....Bedroorrf': any room located within a dwelling unit that is used primarily for sleeping purposes by its residents and that contains at least 70 square feet of floor area and contains a closet. Rooms designated as a "den," "library," "study," "loft" or other extra room that satisfies this definition and Is not a kitchen, living room, or bath will be considered a bedroom." SECTION 2. The City Clerk is directed to incorporate the above revisions, Items "A" through "I" into Title 11. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED. APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 21st day of ADril ,2008. . Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 14th day of ADril. 2008 and was passed, approved and adopted by the City Council at a meeting held on the 21st day of ADril , 2008 by the follOWing vote: I AYES: Council members: NOES: Council members: ABSENT: Council members: ABSTAIN: Council members: . And do hereby further certify that Ordinance Number 1569 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk . Conduct Second Reading and Adopt Ordinance 1569- Title 11: Zoning, Seal Beach Municipal Code City Council Staff Report April 21, 2008 Attachment A Title 11, Zoning . . CC;: Staff Report.04-21-OS 9 . Chapter 11.1.05 . 111.1.05.005 111.1.05.010 111.1.05.015 111.1.05.020 111.1.05.025 111.1.05.030 Chapter 11.1.10 111.1.10.005 111.1.10.010 111.1.10.015 Chapter 11.1.15 111.1.15.005 111.1.15.010 111.1.15.015 111.1.15.020 111.1.15.025 111.1.15.030 111.1.15.035 111.1.15.040 111.1.15.045 111.1.15.050 111.1.15.055 111.1.15.060 111.1.15.065 TITLE 11 - ZONING TABLE OF CONTENTS TITLE 11 ZONING PART I GENERAL PROVISIONS Title, Components and Purposes Zoning Code Adoption Title and Authority Structure of Regulations General Rules of Applicability Designation of Base and Overlay Districts Official Zoning Map and District Boundaries Rules for Construction of Language and Interpretation Applicability Rules for Construction of Language Rules for Interpretation Rules of Measurement Applicability General Provisions Fractions Measuring Distances Measuring Height Measuring Lot Width and Depth Measuring Tree Diameter Determining Average Front Setback - RHD-20 District Determining Floor Area Determining Floor Area Ratio Determining Lot Coverage Measuring Garage Width Measuring Signs . PART II BASE DISTRICT REGULATIONS Chapter 11.2.05 Base District Regulations - Residential Districts . 111.2.05.005 111.2.05.010 111.2.05.015 111.2.05.020 Applicability Land Use Regulations Development Standards Review of Plans CITY OF SEAL BEACH MUNICIPAL CODE 1 Chapter 11.2.10 S 11.2.10.005 S 11.2.10.010 S 11.2.10.015 S 11.2.10.020 Chapter 11.2.15 S 11.2.15.005 S 11.2.15.010 S 11.2.15.015 S 11.2.15.020 Chapter 11.2.20 S 11.2.20.005 S 11.2.20.010 S 11.2.20.015 S 11.2.20.020 Chapter 11.2.25 S 11.2.25.005 S 11.2.25.010 S 11.2.25.015 S 11.2.25.020 S 11.2.25.025 TITLE 11 - ZONING TABLE OF CONTENTS Base District Regulations - Commercial and Mixed-Use Districts . Applicability Land Use Regulations Development Regulations Review of Plans Base District Regulations - Light Manufacturing and Oil Extraction Districts Applicability Land Use Regulations Development Standards Review of Plans Base District Regulations - Public and Semi-Public Facilities Districts Applicability Land Use Regulations Development Standards Review of Plans . Base District Regulations - Open Space, Parks, and Recreation Districts Applicability Limits on Calculation of Parks Land Use Regulations Development Standards Review of Plans PART III OVERLAY DISTRICT REGULATIONS Chapter 11.3.05 Residential Conservation Overlay District S 11.3.05.005 S 11.3.05.010 S 11.3.05.015 S 11.3.05.020 S 11.3.05.025 S 11.3.05.030 Purpose and Intent Permitted Uses General Provisions Development Standards Roof-Mounted Mechanical Equipment Adoption of RC-O Overlay District . CITY OF SEAL BEACH MUNICIPAL COOE 2 . Chapter 11.3.10 S 11.3.10.005 S 11.3.10.010 S 11.3.10.015 S 11.3.10.020 S 11.3.10.025 S 11.3.10.030 Chapter 11.3.15 S 11.3.15.005 Chapter 11.3.20 TITLE 11 - ZONING TABLE OF CONTENTS Planned Development Overlay District (-PD) Purpose Procedure Additional Requirements Required Findings Conditions of Approval Effective Date, Extensions, and Modifications Commercial/Park Overlay District Conditional Use Permit Required Coastal Zone Overlay District (Reserved) PART IV REGULATIONS APPLYING IN SOME OR ALL DISTRICTS CHAPTER 11.4.05 Standards for Specific Uses . S 11.4.05.005 S 11.4.05.010 S 11.4.05.015 S 11.4.05.020 S 11.4.05.025 S 11.4.05.030 S 11.4.05.035 S 11.4.05.040 S 11.4.05.045 S 11.4.05.050 S 11.4.05.055 S 11.4.05.060 S 11.4.05.065 S 11.4.05.070 S 11.4.05.075 S 11.4.05.080 S 11.4.05.085 S 11.4.05.090 S 11.4.05.095 S 1 ~ .4.05.1 00 S 11.4.05.105 S 11.4.05.110 . Applicability Accessory Business Uses and Activities "Alcoholic Beverage Establishments Animal Keeping Assisted Living Facilities Automated Teller Machines (ATMs) Automobile Service Stations AutomobileNehicle Sales and Services Child Day Care Facilities Drive-In and Drive-Through Facilities Extended Hour Businesses Home Occupations Kiosks Liquor Stores Manufactured Housing Meeting Facilities, Private Schools, and Similar Institutional Uses News and Flower Stands Outdoor Dining, Display and Sales Standards Recycling Facilities Residential Accessory Uses and Structures Residential Care Facilities Residential Uses - Multi-Unit Project Standards CITY OF SEAL BEACH MUNICIPAL COOE 3 S 11.4.05.115 S 11.4.05.120 S 11.4.05.125 S 11.4.05.130 S 11.4.05.135 S 11.4.05.140 TITLE 11 - ZONING TABLE OF CONTENTS Residential Uses - Second Dwelling Units Restaurant - Alcohol Sales Senior Citizen Apartments and Independent Living Facilities Temporary Structures, Trailers, and Modular Units Vacation Rentals Warehouse Retail and Large-Scale Commercial Projects . CHAPTER 11.4.10 General Site Standards S 11.4.10.005 S 11.4.10.010 S 11.4.10.015 S 11.4.10.020 S 11.4.10.025 S 11.4.10.030 S 11.4.10.035 S 11.4.10.040 S 11.4.10.045 Applicability Development on Lots Divided by District Boundaries Mechanical Equipment Screening Performance Standards Recycling and Solid Waste Facilities Swimming Pools and Hot Tubs Underground Utilities Street and Highway Dedications and Improvements Solar Energy Systems CHAPTER 11.4.15 Fences, Hedges and Walls S 11.4.15.005 S 11.4.15.010 S 11.4.15.015 S 11.4.15.020 S 11.4.15.025 S 11.4.15.030 S 11.4.15.035 Applicability General Height Limitations Height Limitations for Retaining Walls Measurement of Fence or Wall Height Special Wall and Fencing Requirements Restrictions on Fence Materials Authority to Waive or Modify Requirements . CHAPTER 11.4.20 Off-Street Parking and Loading S 11.4.20.005 S 11.4.20.010 S 11.4.20.015 S 11.4.20.020 S 11.4.20.025 S 11.4.20.030 S 11.4.20.035 S 11.4.20.040 S 11.4.20.045 Applicability Review Procedure Required Off-Street Parking Spaces Parking Reductions General Parking Design Standards Driveways Required Off-Street Loading Parking Structures Required Bicycle Parking . CITY OF SEAL BEACH MUNICIPAL CODE 4 TITLE 11 - ZONING TABLE OF CONTENTS . CHAPTER 11.4.25 Sign Regulations S 11.4.25.005 S 11.4.25.010 S 11.4.25.015 S 11.4.25.020 S 11.4.25.025 S 11.4.25.030 S 11.4.25.035 S 11.4.25.040 S 11.4.25.045 S 11.4.25.050 S 11.4.25.055 S 11.4.25.060 S 11.4.25.065 S 11.4.25.070 S 11.4.25.075 Applicability Exempt Signs Prohibited Signs Temporary Banners Signs - Commercial, Mixed-Use, and Other Non- Residential Districts Signs - Residential Districts Temporary Signs General Provisions for All Sign Types Procedures for Sign Approval Maintenance, Abandonment, and Removal Legibility of Signs Materials Changeable Copy Historic Signs Illegal Signs CHAPTER 11.4.30 Landscaping and Buffer Yards . S 11.4.30.005 S 11.4.30.010 S 11.4.30.015 S 11.4.30.020 S 11.4.30.025 S 11.4.30.030 S 11.4.30.035 S 11.4.30.040 S 11.4.30.045 S 11.4.30.050 Applicability Landscape and Irrigation Plans Areas to be Landscaped General Landscaping Standards Parking Lot Landscaping Standards Required Street Trees Landscape Installation and Maintenance Buffer Yards Water Efficient Landscaping Invasive Plant Species CHAPTER 11.4.35 Coastal Development Permit (Reserved) CHAPTER 11.4.40 Nonconforming U~es, Structures, and Lots S 11.4.40.005 S 11.4.40.010 S 11.4.40.015 S 11.4.40.020 . S 11.4.40.025 Applicability Maintenance and Repair of Nonconforming Structures Minor Improvements to Nonconforming Residential Structures Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts) Valuation of Improvements CITY OF SEAL BEACH MUNICIPAL CODE 5 S 11.4.40.030 S 11.4.40.035 S 11.4.40.040 S 11.4.40.045 S 11.4.40.050 S 11.4.40.055 S 11.4.40.060 S 11.4.40.065 TITLE 11 - ZONING TABLE OF CONTENTS Nonconforming Multi-Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions Changes, Substitutions or Expansions of Nonconforming Uses Conditional Use Permit to Change Nonconforming Status Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses Restoration of Damaged Nonconforming Uses and Structures Nonconforming Historic Buildings Nonconforming Use of Land Where No Structure Involved Nonconforming Lots . CHAPTER 11.4.45 Transportation Demand Management S 11.4.45.005 S 11.4.45.010 S 11.4.45.015 S 11.4.45.020 S 11.4.45.025 S 11.4.45.030 S 11.4.45.035 Purpose and Intent Definitions Application Development Standards Property Owner Responsibility Enforcement and Penalties Appeal . CHAPTER 11.4.50 Adult Businesses S 11.4.50.005 S 11.4.50.010 S 11.4.50.015 Zone Conformance Application Approval or Denial of Zone Conformance Location Criteria CHAPTER 11.4.55 Affordable Housing Bonus S 11.4.55.005 S 11.4.55.010 S 11.4.55.015 S 11.4.55.020 S 11.4.55.025 S 11.4.55.030 General Affordable Housing Provisions State Affordable Ho'using Density Bonus State Childcare Facility Density Bonus Affordable Housing Concessions and Incentives Administration Density Bonuses for Housing Developments Accompanied by Land Donation CHAPTER 11.4.60 Hazardous Waste Facilities S 11.4.60.005 Purpose . CITY OF SEAL BEACH MUNICIPAL COOE 6 . 111.4.60.010 111.4.60.015 111.4.60.020 111.4.60.025 111.4.60.030 111.4.60.035 111.4.60.040 111.4.60.045 111.4.60.050 111.4.60.055 111.4.60.060 TITLE 11 - ZONING TABLE OF CONTENTS Definitions Applicability Procedure Applicant Requirements Environmental Review Local Assessment Committee Public Hearings Findings Appeals Facility Siting Criteria and Permitting Requirements Special Development Requirements CHAPTER 11.4.65 Tattoo Establishments . 111.4.65.005 111.4.65.010 111.4.65.015 111.4.65.020 111.4.65.025 111.4.65.030 111.4.65.035 111.4.65.040 111.4.65.045 111.4.65.050 Permit Requirement Definitions Location License Requirements Maintenance of Premises Source of Dyes and Inks Maintenance of Pigments, Dyes and Equipment Maintenance of Stencils Tattooing Operations Inspections; Health Services Fee Schedule CHAPTER 11.4.70 Wireless Telecommunications Facilities 111.4.70.005 111.4.70.010 111.4.70.015 111.4.70.020 111.4.70.025 111.4.70.030 111.4.70.035 111.4.70.040 Purpose Definitions Applicability Submittal Requirements Additional Standards Procedures Required Findings Exercise of Permits; Cessation CHAPTER 11.4.75 Common Interest Developments 111.4.75.005 111.4.75.010 111.4.75.015 . Permit Requirement Site Planning and Design Standards Residential Projects - Conditions, Covenants, and Restrictions (CC&Rs) CITY OF SEAL BEACH MUNICIPAL COOE 7 TITLE 11 - ZONING TABLE OF CONTENTS CHAPTER 11.4.80 Condominium Conversions . S 11.4.80.005 S 11.4.80.010 S 11.4.80.015 S 11.4.80.020 S 11.4.80.025 S 11.4.80.030 S 11.4.80.035 S 11.4.80.040 S 11.4.80.045 S 11.4.80.050 S 11.4.80.055 S 11.4.80.060 S 11.4.80.065 S 11.4.80.070 Purpose Permit Requirement Date of Conversion Application Requirements Public Hearing Notice Physical Development Standards Tenant Rights Vacation of Units Increase in Rents Moving Expenses Notice to New Tenants Project Reports: Copy to Buyers Disturbance to Tenants During Conversion Exception - Leisure World CHAPTER 11.4.85 Use Classifications S 11.4.85.005 S 11.4.85.010 S 11.4.85.015 S 11.4.85.020 S 11.4.85.025 S 11.4.85.030 S 11.4.85.035 S 11.4.85.040 Applicability Classification of Uses Residential Use Classifications Public, Semipublic and Service Use Classifications Commercial Use Classifications Industrial Use Classifications Transportation, Communication, and Utilities. Use Classifications Agriculture Use Classifications . Chapter 11.4.90 Historic Preservation (Reserved) PART V LAND USE AND ZONING DECISIONS CHAPTER 11.5.05 Review Authority , S 11.5.05.005 S 11.5.05.010 S 11.5.05.015 S 11.5.05.020 S 11.5.05.025 City Council Planning Commission Director of Development Services City Building Official Review Authority CHAPTER 11.5.10 General Procedures S 11.5.10.005 Applicability . CITY OF SEAL BEACH MUNICIPAL CODE 8 . 111.5.10.010 111.5.10.015 111.5.10.020 111.5.10.025 111.5.10.030 111.5.10.035 111.5.10.040 111.5.10.045 111.5.10.050 111.5.10.055 111.5.10.060 111.5.10.065 111.5.10.070 TITLE 11 - ZONING TABLE OF CONTENTS Application Forms and Fees Optional Pre-Application Review Review of Applications Public Notification Discretionary Actions by the Planning Commission or City Council Acceptance of Conditions Limitation on Resubmittal of Applications Scope of Approvals; Compliance with Conditions Effective Date for Appealable Decisions Expiration and Extension Modification of Approvals Revocation of Permits Performance Guarantees CHAPTER 11.5.15 Legislative Actions . 111.5.15.005 111.5.15.010 111.5.15.015 111.5.15.020 111.5.15.025 111.5.15.030 111.5.15.035 111.5.15.040 111.5.15.045 General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements Specific Procedure for Processing Applications Public Notice Public Hearing and Action Required Findings General Plan and Amendments Available to the Public Additional Requirements for Development Agreements Additional Requirements for Adopting Specific Plans Regulations for Planned Development Plans CHAPTER 11.5.20 Development Permits 111.5.20.005 111.5.20.010 111.5.20.015 111.5.20.020 111.5.20.025 111.5.20.030 Administrative Use Permits, Conditional Use Permits and Variances Review Authority Review Procedure Required Findings Conditions of Approval Appeals; Expiration and Extensions CHAPTER 11.5.25 Director Determinations . 111.5.25.005 111.5.25.010 111.5.25.015 111.5.25.020 111.5.25.025 Applicability Zoning Conformance Review Procedures Temporary Uses Waivers and Exceptions I Reasonable Accommodations Appeals CITY OF SEAL BEACH MUNICIPAL COOE 9 TITLE 11 - ZONING TABLE OF CONTENTS CHAPTER 11.5.30 Environmental Review . S 11.5.30.005 S 11.5.30.010 S 11.5.30.015 S 11.5.30.020 Purpose and Applicability Review Procedures Mitigation Monitoring Program Appeals PART VI - TERMS AND DEFINITIONS CHAPTER 11.6.05 Terms And Definitions S 11.6.05.005 S 11.6.05.010 Applicability of Chapter Definitions of Specialized Terms and Phrases Appendix A - Blanket Setback Variances Appendix B - Director Interpretations . . CITY OF SEAL BEACH MUNICIPAL COOE 10 . . . Chapter 11.1.05 i 11.1.05.005 i 11.1.05.010 i 11.1.05.015 i 11.1.05.020 i 11.1.05.025 i 11.1.05.030 Chapter 11.1.10 i 11.1.10.005 i 11.1.10.010 i 11.1.10.015 Chapter 11.1.15 i 11.1.15.005 i 11.1.15.010 i 11.1.15.015 i 11.1.15.020 i 11.1.15.025 i 11.1.15.030 i 11.1.15.035 i 11.1.15.040 i 11.1.15.045 i 11.1.15.050 i 11.1.15.055 i 11.1.15.060 i 11.1.15.065 TITLE 11 - ZONING PART I: GENERAL PROVISIONS PART I GENERAL PROVISIONS Title, Components and Purposes Zoning Code Adoption Title and Authority Structure of Regulations General Rules of Applicability Designation of Base and Overlay Districts Official Zoning Map and District Boundaries Rules for Construction of Language and Interpretation Applicability Rules for Construction of Language Rules for Interpretation Rules of Measurement Applicability General Provisions Fractions Measuring Distances Measuring Height Measuring Lot Width and Depth Measuring Tree Diameter Determining Average Front Setback - RHD-20 District Determining Floor Area Determining Floor Area Ratio Determining Lot Coverage Measuring Garage Width Measuring Signs CITY OF SEAL BEACH MUNICIPAL COOE 1 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 2 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS Chapter 1,1.1.05 Title, Components and Purposes Sections i 11.1.05.005 i 11.1.05.010 i 11.1.05.015 i 11.1.05.020 i 11.1.05.025 i 11.1.05.030 Zoning Code Adoption Title and Authority Structure of Regulations General Rules of Applicability Designation of Base and Overlay Districts Official Zoning Map and District Boundaries i 11.1.05.005 Zoning Code Adoption. This Title 11 of the Seal Beach Municipal Code was adopted pursuant to Ordinance Number 1S69, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, in its Entirety and Adopting a New Title 11, Zoning, and became effective on May 21,2008. i 11.1.05.010 Title and Authority. This Title 11 of the Seal Beach Municipal Code shall be known and cited as the "Seal Beach Zoning Code" or "Zoning Code." This Zoning Code is adopted by the City Council, pursuant to the City Charter and applicable laws of the State of California. i 11.1.05.015 Structure of Regulations. This Zoning Code consists of 6 parts: . Part I: General Provisions . Part II: Base District Regulations . Part III: Overlay District Regulations · Part IV: Regulations Applying in Some or All Districts . Part V: Land Use and Zoning Decisions . Part VI: Terms and Definitions S 11.1.05.020 General Rules of Applicability. A. Applicability to Property. This Zoning Code shall apply to all uses and structures within the City including all uses, structures, and land owned by any private. person, firm, corporation, or organization, and other local, state, or federal agencies to the extent allowed by law. CITY OF SEAL BEACH MUNICIPAL CODE 3 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . B. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved, except in accordance with the provisions of this Zoning Code. C. Relation to Other Regulations. The regulations of this Zoning Code shall not supersede any other regulations or requirements adopted or imposed by the City Council, any board, commission, or City department, or any local, state, or federal agency that has jurisdiction by law over uses and development authorized by this Zoning Code. The regulations of this Zoning Code are minimum requirements. Where conflict occurs between the provisions of this Zoning Code and any other City code, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. D. Development Agreements or Specific Plans. If conflicts occur between the requirements of this Zoning Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply. E. Relation to Private Agreements. This Zoning Code shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided . that where this Zoning Code imposes greater restriction than imposed by an easement, covenant, or agreement, this Zoning Code shall control. F. Relation to Prior Code. The provisions of this Zoning Code supersede all prior zoning codes of the City. No provision of this Zoning Code shall validate any land use or structure established, constructed, or maintained in violation of the prior zoning code, unless such validation is specifically authorized by this Zoning Code and is in' conformance with all other regulations and codes. G. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Code during a local emergency declared pursuant to Title 3: Administration, Chapter 3.2S: Civil Defense and Disaster of the Seal Beach Municipal Code. The City Council may authorize a deviation by resolution. 111.1.05.025 Designation of Base and Overlay Districts. The City shall be classified into districts or zones, the designation and the regulations of which are set forth in this Zoning Code and as follows: A. Base and Overlay Zoning Districts. The City's base zoning districts and overlay zoning districts are set forth in Table 11.1.0S.02S: Zoning Districts. . CITY OF SEAL BEACH MUNICIPAL CODE 4 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . . , .. :/,::',: .;, ,.!,.:<:,.,....," ::..... ,Ta61'e';1'1~ 1.o5~o25:''' ....:. :: h .' ::~<::::.>~.;"~ ;:~;:: ,:: ..':\1' .~~r'~:':' t; >:'.: .'.: ,~... ,'::~/"~,:":.;; '.: .::< ~~ni'I1~::;.:~.istti~ts .. .:,:'?/~~ :::.:.: ". .:. :. :..' .,.. .'~:. ,:" " ,... , '..: ..' , ..:..... :.:.........~...:. ':, .....:::.:',."".::~.:...~:'> :.... .~. ':...:...:.'....:.~:.. .:":):~ '>~~..' ~.~),,~~.;: ~:' ..~" ..::...:'l}.... '. :j(~'.~ ';".' " :: . Zon;ng(.,;...., f;:;: ',~;: :.,~"..:i/;,.:.........\:,;...,. .,...'<>:>,:: .",:J '..;.... :., :, Genera. J.:Plan Designation..:,.. . . , ,/'... l' ~';'.." ..... . . ~.... .. . . .... . " . ';-. . . . , '. ...",... Map I(~:"::': :i'::, :.:....';Zoning Oistri~t '~am'e:'- .. :.... ,... .':: ",'r#ple.rnent8d :b)iZoning :. ,'" . ";;{Sy.nibo+~~~ ::~".~'.~ :.:. :':,'::'. :::\ ,:.: .;,:'. <.:.".:;\L '<J;:<:., '.:' . ", .,';;..... \: 7 :.D~'ign.tio'n'. :.,>~::,,,,:. ,:~'.." . . .. ..' . . '.. '<.' ~ . ."~. v v. ..".' . '. . , ....... , '. , . " . . b' ..:.t. . .'., -I". y. .... . ~ . '.,.. "'.. :. ... ........ < . . ". . '. . r';~~~, }~~si.~~~~~arzon~n~"pis~ricts. . ....: ..,,~ ;;.<':" ,: . \: : <:..~..;.":' ;." '",: .. ,':. .:' .. <:~:. .:.".. :':" ,,.:::.~::.. > ,":' ': , RLD - 9 Residential Low Density - 9 Residential Low Density RLD -15 Residential Low Density -15 Residential Low Density RMD - 18 Residential Medium Density - 18 Residential Medium Density RHD - 20 Residential High Density - 20 Residential High Density RHD - 33 Residential High Density - 33 Residential High Density RHD - 46 Residential High Density - 46 Residential High Density Base"Mixed'Use', :Commercial; and l~dustrial District5"\,,:, ",. ,,'. ." ',~" , .11' .' . . , .. " L-C/RMD Limited Commercial/Residential Mixed Use Medium Density MSSP Main Street Specific Plan Main Street Specific Plan PO Professional Office Professional Office SC Service Commercial Service Commercial GC General Commercial General Commercial LM Light Manufacturing Light Manufacturing OE Oil Extraction Oil Extraction , Base Public an4 Sem~public 'Oistricts,. . :. ..,.. PS Public and Semipublic Facilities Community Facility and School RG Recreation/Golf Open Space - Golf . Bas~ MiUtaiy, Ope",' Space, Park and Other Districts:' ,'" .' .. ."., , , MIL Military Military BEA Beach Beach OS-N Open Space Natural Open Space Open Space Parks and Recreation OS-PR Park . CITY OF SEAL BEACH MUNICIPAL COOE 5 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . ,..;': .:..:.:.'::'~.."',.,'~~'~,},;..,-:,:.ll:""_..""'."":l.'~..:. ...........' , .,~ '..i.~....:. . ::', ~ I_ ~ .' ,~, : , '-: ",: "'. : -:':, .... " ."'\, , Tab~. ,11,~'1 ~05.025 .( CQlJtmued) ""',: "".-:" : " " _ : ",:: :..,:'i '::' ':', I:,,:::~;:;<\::':;: \"~, ,>,': ;, ;:r~~:~.,:, '..;.:, :;":, ': ': ',;Z~'~i~.9 .,~i,'~~i~'~~::'~ ,:, ~ ,', :'; '",' .' :,/ :~~ ,:': ':..' :. ,:, ".'_:~',~_,' " '..' ;": ; .. :".': '. ,.: ','..' .... '" J.. '" ~'. :. ~,.., '.,":: .... ,: ,/..;-,:',' .~1(....-': '.. :~;-. .....,,:...._."' ~." .. .:. 'f.. ': .,' ";', <. '~oning';,:..,': ~~::':i;,~.. ,':,,\(,':<:::.-,,':': .":",':,"~~::':::: ::,",:'>:-,,', >/.; :'.,,~e~ei'aLPI~~,pesignation :" ';"" ,'" <M.p,.~.~;.r:, :~'",:'~'>~Oi1in~:Di~tri~:Na~e i"~:",./ <~~< 'Impleinentid~y'Zo,~ing>~",. . . . Sy'm' "bo'I:::"', ,;( ,"'~:' ',-:;,,":" -:,~" :':',:::;;.. ';' :",,' ': ,:' :'" ,,',:: ':'" ."< :"::,,,:. cDes'..gn"a' t..o"'n:" :', ,,' ,'::' ", ~,.,' '.' " "~,,.,:.: ':"'u'-"':::'- ........~~ ',:... .....". H:' ..'..... ,''I. . "~', l"~' .. . .... .',.. .' '.' a '.' . ,". ,:~a'Se-,liIi,i'i~~i:,op~n sp~~~, ,Patk:~nd,,~t~er Di~~;c~'JCo~tinu,d) ':.'''" ::'"" J '.., ," :', Residential Conservation - Overlay Planned Unit Development Overlay Commercial/Park Overlay Coastal Zone Overlay RC-O All PUD All C/P CZ All All S 11.1.05.030 Official Zoning Map and District Boundaries. The boundaries of the zoning districts established by this Zoning Code are shown on the official map entitled "Zoning Map of the City of Seal Beach, California," . a copy of which is on file in the City Clerk's office. The official Zoning Map and all notations, references, and other information shown thereon are hereby incorporated by reference. . CITY OF SEAL BEACH MUNICIPAL CODE 6 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS Chapter 11.1.10 Rules for Construction of Language and Interpretation Sections 111.1.10.005 111.1.10.010 111.1.10.015 Applicability Rules for Construction of Language Rules for Interpretation _111.1.10.005 Applicability. The meaning and construction of words and phrases defined in this Chapter apply throughout this Zoning Code, except where the context indicates a different meaning. 111.1.10.010 Rules for Construction of Language. A. The particular controls the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And' indicates that all connected words or provisions shall apply. 2. "Ot' indicates that the connected words or provisions may apply singly or in any combination. 3. "Either. . . ot' indicates that the connected words or provisions shall apply singly but not in combination. C. The words "activities" and "facilities" include any part thereof of the activity or facility. D. controls. In case of conflict between the text and a graphic or diagram, the text E. References to departments, commissions, boards, or other offices are to those of the City unless otherwise indicated. F. References to a public official in the City are to that person who performs the function referred to and includes a designated deputy of such official. CITY OF SEAL BEACH MUNICIPAL COOE 7 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . G. All references to days are to calendar days, unless otherwise indicated. In the event a date is a Saturday, Sunday, or a day when the City offices are closed, the date shall be the next consecutive business day. The end of a period shall be the close of business on the last day. H. State Law Requirements. Where this Zoning Code references applicable provisions of State law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time. I. Chapter and Section Headings. Chapter 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. S 11.1.10.015 Rules for Interpretation. A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Zoning Code or its application to a specific site, the Director shall determine the intent of the provision pursuant to Chapter 11.S.2S: Director Determinations. B. Zoning Map. The following rules shall apply to zoning boundary determinations: . 1. Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the official Zoning Map, the boundary shall be deemed to be along the nearest street, lot line, or geographic feature, such as a creek or hilltop, as the case may be. 2. Public streets, utility and other rights-of-ways shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map. 3. If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Director. C. Specific Plans. Whenever the City adopts a SpeCific Plan relating to the development of a designated area of the City, as that term is used in Section 6S450 at seq. of the Government Code of the State of California, the provisions and specifications of such an adopted Specific Plan shall supersede any conflicting provisions of this Zoning Code without regard as to whether the provisions and . CllY OF SEAL BEACH MUNICIPAL CODE 8 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS specifications of such Specific Plan are more or less stringent than the provisions of this Zoning Code. D. Interpretations. The Director shall keep a record of interpretations made pursuant to this Section which shall be available to the public. 1. Procedure for Interpretations. Whenever the Director determines that the meaning or applicability of Zoning Code provisions is subject to interpretation, the Director may issue an official interpretation. Alternatively, the Director may forward any such interpretation to the Planning Commission. Interpretations shall be distributed to the Council, Commission, City Manager, City Attorney, City Clerk and Department Staff. 2. Findings, Basis for Interpretation. An interpretation shall be based upon written findings supporting the interpretation and. documenting the consistency of the interpretation with this Code. The basis for an interpretation may include technological changes or new industry standards. 3. Record of Interpretations. Interpretations shall cite the provisions of the Zoning Code under consideration, and describe the circumstances that prompted the interpretation. 4. Amendment of Code. Any changes to the Zoning Code required due to the interpretation will be corrected by amending this Zoning Code as soon as is practical. Until an amendment can occur, the Director will maintain a complete record of all official interpretations as Appendix B to this Zoning Code, indexed by the number of the Chapter and Section that is the subject of the interpretation. S. Appeal. An interpretation of the provisions of this Zoning Code may be appealed in compliance with Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions. CITY OF SEAL BEACH MUNICIPAL COOE 9 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL COOE 10 . . . Sections S 11.1.15.005 S 11.1.15.010 S 11.1.15.015 S 11.1.15.020 S 11.1.15.025 S 11.1.15.030 S 11.1.15.035 S 11.1.15.040 S 11.1.15.045 S 11.1.15.050 S 11.1.15.055 S 11.1.15.060 S 11.1.15.065 S 11.1.15.005 TITLE 11 - ZONING PART I: GENERAL PROVISIONS Chapter 11.1.15 Rules of Measurement Applicability General Provisions Fractions Measuring Distances Measuring Height Measuring Lot Width and Depth Measuring Tree Diameter Determining Average Front Setback - RHD-20 District Determining Floor Area Determining Floor Area Ratio Determining Lot Coverage Measuring Garage Width Measuring Signs Applicability . Measurements referenced in this Zoning Code are to be calculated in accordance with this Chapter. S 11.1.15.010 General Provisions. For all calculations, the applicant shall be responsible for supplying drawings illustrating the measurements that apply to a project. These drawings shall be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Director. S 11.1.15.015 Fractions. When calculations result in fractions, the results will be rounded as follows: A. General Rounding. Fractions of 0.5 or greater shall be rounded up to the nearest whole number and fractions of less than 0.5 shall be rounded down to the nearest whole number, except as otherwise provided. B. Density Rounding. For purposes of computing the maximum number of residential units allowed on a lot, any fraction shall be rounded down to the nearest whole number. CITY OF SEAL BEACH MUNICIPAL COOE 11 TITLE 11 - ZONING PART I: GENERAL PROVISIONS C. Rounding for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Government Code Section 6S91S or any successor statute, and Chapter 11.4.SS: Affordable Housing Bonus, any fractional number of permitted bonus density units shall be rounded up to the next whole number. See Chapter 11.4.SS: Affordable Housing Bonus, Section 11.4.SS.010.C: Calculation of Density Bonuses. . S 11.1.15.020 Measuring Distances. A. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects. See Figure 11.1.1S.020.A: Shortest Distance. Figure 11.1.1S.020.A Shortest Distance . Measurement is uken from the shortest distance betwecm the points. B. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land. . See Figure 11.1.15.020.8: Horizontal Measurement. . CITY OF SEAL BEACH MUNICIPAL CODE 12 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS Figure 11.1.1S.020.B Horizontal Measurement Sne.c , I !' )! I Discances are measured horizonrally. C. Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Eaves and cornices are not included in the measurement. Chimneys and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Structures or portions of structures that are entirely underground are not included in measuring required distances. See Figure 11.1.1S.020.C.1: Measurements Involving A Structure, and Figure 11.1.1S.020.C.2: Architectural Projections into Setbacks. Figure 11.1.1S.020.C.1 Measurements Involving A Structure ! ~ lIS HI ~.... "....... to ~1In_ 't\~~1 1i!~ "'II " ''':'''fV'J~<' ..""; .~. ~ i:' " "'1 ,~: ':, h?fi ,ii~,:~i; Ri:DNT 51REET CITY OF SEAL BEACH MUNICIPAL COOE 13 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . Figure 11.1.1S.020.C.2 Architectural Projections into Setbacks ~ i . MInIIftum .-.ct line CIIImno.v Itaof~ Dr'~ Mamum ~crrnent: 3 ft. a..v-- ..floor I8wt Minimum eet:I:1,.c;k from elM and ..r ~1N6: 3~. 111.1.15.025 Measuring Height. I A. General. The height of a structure shall be measured vertically from the average level of the highest and lowest elevation of the ground covered by the structure to the highest point of the structure or to the peak of a gable, pitched, mansard or hipped roof or to the finished roofline of a flat roof or top of a parapet required by California Building Code. 1. Exceptions for Accessory Building Features. The following listed building features may be erected to a maximum height as follows: a. Chimneys. Two feet above roofline as per California Building Code. b. Flagpole. Up to 20 feet (10 feet above roofline maximum). c. Antennae. Up to 10 feet above roofline. Ground antennae to a maximum of 40 feet if located in the rear yard adjacent to the main structure. . CITY OF SEAL BEACH MUNICIPAL CODE 14 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS 2. Exception for Surfside. Maximum building height for residential structures, including Second Dwelling Units, shall be measured pursuant to Section 11.2.05.01S.A.3: Building Height Limit. B. Measuring the Height of Buildings Located Near Retaining Walls. If any portion of a building lies within S horizontal feet of an above-ground retaining wall, and the base of the retaining wall is at a lower elevation than the building, the height of the building shall be calculated from the base of the retaining wall (at the lower of natural or finished grade) rather than from the base of the building wall. See Figure 11.1.15.02S.B: Measuring the Height of Buildings Near Retaining Walls. Figure 11.1.1S.025.B Measuring the Height of Buildings Near Retaining Walls NMullll Of I I fltli:sbed ..... z. .J. ~ -1...... ~ ..- r i '-:'::':"\.:"'-::~d~~~~">, ,'; .,'.; . :'.. ':";:"'~:" '1li I ", , ' ,n. ..\ ''''''l'''~''''' ,'r.. ,..........,. ., '..,. . II ' .~::~~::.~I..:;~~~~~}(~< '.\: :"';:~:;:f~~~:~;~,~:;~..~.. :;:.~~ ~ '.' ......; W"- a 1'eG1rIiIq! walll' loeau>d wUhin fnoe feel cf aIluRdln!:. tfte bulldll\& hei,Cht is mu.wred rrom me Ilase ci a ~ 'WllIL C. Measurement of Fence or Wall Height. 1. Determination of Height. The height at the property line shall be measured from the owner's side of the fence or wall. A joint fence or wall on the property line may be measured from either side of the fence or wall. In the case of a joint fence or wall where there is a difference in the ground level between 2 adjoining parcels of less than 2 feet, the height of a fence or wall constructed along the propel1Y line shall be determined by using the finished grade at the base of the fence or wall on the highest parcel. See Figure 11.1.1S.02S.C: Determination of Property Line Fence Height. CITY OF SEAL BEACH MUNICIPAL COOE 15 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . Figure 11.1.1S.02S.C Determination of Property Line Fence Height ADowecI Peoce HeiJht Fence Property Line ..~ ,., 1(II:.......lr'..jIl' ......... "" "I .."..:tt.ffff,..........:K.r-. \1~~::::.:~:.:{1:.::-&.n~.. 2' g- Jess ~~:;.::~.::~;7~1~~e:;~.;\;, ' ...."'fit............ -t..........."'. II- ... " ~l~i::~v;;:~{~t:::.:.:.:i~~:;~~i~-j:.~.:~~.tlfr<...~.:~..ll .""... "lI.~ ....~~..e::.1 f< .1It~.".::>,.I::f'" .......r,-4l=lt i2-"lF~"*. ,'... -~ ~"',("''''",S.:*''r--'.''''4.t~\~i.'.'''...''.lf:'....''-''."..:A-'4$I.!'.~'''~'' . A .......u-!"'~~:fJ:....t..:se:....e.. 2. Determination - Ground level Difference More than 2 Feet. When there is a difference in the ground level between 2 adjoining parcels of 2 feet or more, the height of a fence or wall shall be determined by the provisions of sub- section D, Measuring the Height of Combined Fences and Retaining Walls. . D. Measuring the Height of Combined Fences and Retaining Walls. When a fence is constructed on top of or within 1 foot of the face of an above-ground retaining wall greater than 2 feet in height, and located in a required yard, the height of the fence shall be measured from 'the top of the fence to the midpoint height of the retaining wall, excluding the uppermost 2 feet of the retaining wall. See Figure 11.1.1S.025.D: Fences on Top of Retaining Walls. 1. Exception for Swimming Pools, Spas, and Hot Tubs. All swimming pools, spas, and hot tubs shall be completely enclosed by a protective fence in compliance with the provisions of the California Building Code. . CITY OF SEAL BEACH MUNICIPAL CODE 16 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS Figure 11.1.1S.02S.D Fences on Top of Retaining Walls ~ it......... froM die midpoinc 01 dle I'VCIlnIIlI: wall. ..... 01 die Ience. ~~~;;Jt:'~~~1~,:~~;~: ',~ '{J;,.: ~ ".V(.y ;- :':~:~'~:1;:.. !:~~:'l:i:ft:: ~~y:ir E. Measuring the Height of Decks. Deck height is measured from grade to the top of the floor of the deck if there is no rail or if the rail walls are more than SO percent open, and from the ground to the top of the rails for all other situations. S 11.1.15.030 Measuring Lot Width and Depth. A. Lot Width. Lot width is the mean of the distances between the side lot lines as drawn at right angles to the lot depth line at points 20 feet from its front and back. B. Lot Depth. Lot depth is measured along an imaginary straight line drawn from the midpoint of the front property .line of the lot to the midpoint of the rear property line. Where no lot line is within 4S degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing setbacks and measuring rear yard depth. See Figure 11.1.1S.030: Measuring Lot Width and Depth. Refer al~o to Section 11.6.05.010, Definitions of Specialized Terms and Phrases; Lot Line Types: Rear Lot Line, and Figure 11.6.05.010.L, Irregular Lots: Determining Rear Lot Line. CITY OF SEAL BEACH MUNICIPAL COOE 17 TITLE 11 - ZONING PART I: GENERAL PROVISIONS . Figure 11.1.1S.030 Measuring Lot Width and Depth 1----l1'*fLoc~----~I----...f!.l!lC~t------r.---.~~ t 20 1011 ~r -......... t -~" y ,-, / . . I . I . J i I . I I J . I . I . I . I . I , I t I- t o ! . I , L-._____. R..-l.GC Line 20ft . 4 r-- -- ~ I.<< Uno- -- -- . " I ''-._..J Lot WIdth = x + ., 2 S 11.1.15.035 Measuring Tree Diameter. A. Existing Trees. Existing trees are measured at a height of 4.5 feet above the ground. Trees on slopes are measured from the ground level on the lower side of the tree. If a tree splits into multiple trunks below 4.S feet, the trunk's diameter is measured at its most narrow point below the split. B. New Trees. New trees are measured in caliper inches, which is the diameter of the trunk 6 inches above the ground. S 11.1.15.040 Determining Average Front Setback - RHD-20 District. A. Average Front Setback Determination. Average front setback is determined by the following calculations. 1. Setback Area. The required average front setback is determined by multiplying the required minimum setback depth, 12 feet, by the . CITY OF SEAL BEACH MUNICIPAL COOE 18 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS frontage of the lot, minus the width of the required minimum side yard setbacks. Sample calculations are provided below. Sample Calculations: a. For a 2S-foot wide lot: 12 x (2S-6) = 228 sq. ft. (Side yard setback 10% of the lot width and is a minimum of 3 feet) b. For a SO-foot wide lot: 12 x (SO-10) = 480 sq. ft. (Side yard setback 10% of the lot width) 2. Ground level Setback Area. The ground-level setback area is calculated by summing the areas of each area of change of buildirig articulation between the required side yard setback lines. Refer to Figure 11.1.1S.040.A: Determination of Average Front Setback Area. 3. Second level Setback Area. The second level setback area is calculated by summing the areas of each area of change of building articulation between the required side yard setback lines. 4. Confirmation of Setback Area. The required setback area is confirmed if the sum of the ground level and second level setback areas equal or exceed the required setback area. B. Exclusions for Measurements. Unenclosed porches, balconies and decks are not part of the habitable area of the residence and are included as allowable setback area. C. Maximum Depth to Wall Face. Any portion of a residence setback more than 20 feet shall be considered to be setback 20 feet for the purpose of calculating the average front setback. CITY OF SEAL BEACH MUNICIPAL COOE 19 TITLE 11 - ZONING PART I: GENERAL PROVISIONS Figure 11.1.15.040.A Determination of Average Front Setback Area . SIte rs. ..' IS" Mi. '"- 1MIric . 111.1.15.045 Determining Floor Area. Floor area is the horizontal area (expressed in square feet) of all floors included within a building or buildings, according to the following rules: A. Included in Floor Area. Floor area includes: 1. The floor of atrium and lobby areas; 2. Enclosed and roofed storage and equipment spaces; 3. Enclosed and roofed halls, stairways, and elevator shafts; 4. Enclosed and roofed 'porches and balconies; 5. Portions of basements and attics that meet California Building Code (per Title 9, Chapter 9.60: Building Code of the Seal Beach Municipal Code) height requirements for living space (any area where the wall height is 7' or greater is counted as floor area}. See Figure 11.1.1S.04S.A: Floor Area Under Sloping Roof. 6. The actual floor space of mezzanines, interior balconies, and lofts. . CITY OF SEAL BEACH MUNICIPAL COOE 20 . . . TITLE 11 - ZONING PART I: GENERAL PROVISIONS B. Excluded from Floor Area. Floor area does not include: 1. Garages, carports, or other areas used for parking and loading, or vehicular access to parking and loading spaces; 2. Unenclosed balconies, decks, porches, and stairs; 3. Substandard height portions of attics and basements (per Title 9, Chapter 9.60: Building Code of the Seal Beach Municipal Code); 4. The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts. Figure 11.1.1S.04S.A Floor Area Under Sloping Roof o Eligible Floor Area 111.1.15.050 Determining Floor Area Ratio. Floor area ratio (FAR) is the ratio of the floor area of all principal and accessory buildings on a lot to the lot area. To calculate FAR, floor area is divided by lot area, and typically expressed as a decimal. For example, if the floor area of all buildings on a lot totals 20,000 square feet, and the lot area is 10,000 square feet, the FAR is expressed as 2.0. 111.1.15.055 Determining Lot Coverage. Lot coverage is the ratio of the footprint of all structures on a lot to the lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, and roofed porches, shall be summed in order to calculate lot coverage. See also Section 11.4.0S.100: Residential Accessory Uses, Structures, and Vehicle Parking. The following structures shall be excluded from the calculation: CITY OF SEAL BEACH MUNICIPAL COOE 21 TITLE 11 - ZONING PART I: GENERAL PROVISIONS A. Unenclosed and unroofed decks, porches, landings, balconies, and stairways less than 6 feet in height; B. Eaves and roof overhangs projecting up to 4 feet from a wall; C. Trellises, gazebos, patio covers and similar structures that have over SO% of the perimeter and roofs open; D. Swimming pools and hot tubs that are not enclosed in roofed structures or decks over 6 feet high; E. permit. Nonhabitable accessory structures that do not require a building 111.1.15.060 Measuring Garage Width. The width of a garage is not limited to the garage door, but is considered the width of that portion of a building facade that is backed by a garage space. It is measured along the entire length of any enclosing walls that lie perpendicular to the garage door or entry. 111.1.15.065 Measuring Signs. Sign height is measured in the same method as other structures. See Section 11.1.15.025: Measuring Height. Calculation of sign area is described in Chapter 11.4.25: Sign Regulations, Section 11.4.25.040.A: Calculation of Sign Area. CITY OF SEAL BEACH MUNICIPAL CODE 22 . . . . Chapter 11.2.05 S 11.2.05.005 S 11.2.05.010 S 11.2.05.015 S 11.2.05.020 Chapter 11.2.10 S 11.2.10.005 S 11.2.10.010 S 11.2.10.015 S 11.2.10.020 Chapter 11.2.15 . S 11.2.15.005 S 11.2.15.010 S 11.2.15.015 S 11.2.15.020 Chapter 11.2.20 S 11.2.20.005 S 11.2.20.010 S 11.2.20.015 S 11.2.20.020 Chapter 11.2.25 S 11.2.25.005 S 11.2.25.010 S 11.2.25.015 S 11.2.25.020 S 11.2.25.025 . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts PART II BASE DISTRICT REGULATIONS Base District Regulations - Residential Districts Applicability land Use Regulations Development Standards Review of Plans Base District Regulations - Commercial and Mixed-Use Districts Applicability land Use Regulations Development Regulations Review of Plans Base District Regulations - Light Manufacturing and Oil Extraction Districts Applicability land Use Regulations Development Standards Review of Plans Base District Regulations - Public and Semi-Public Facilities Districts Applicability land Use Regulations Development Standards Review of Plans Base District Regulations - Open Space, Parks, and Recreation Districts Applicability Limits on Calculation of Parks land Use Regulations Development Standards Review of Plans CITY OF SEAL BEACH MUNICIPAL COOE 1 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL COOE 2 . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts Chapter 11.2.05 Residential Districts Sections: 5 11.2.05.005 5 11.2.05.010 5 11.2.05.015 5 11.2.05.020 5 11.2.05.005 Applicability Land Use Regulations Development Standards Review of Plans Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: RLD: Single-Unit Residential. To allow single-unit and small, zero-lot line neighborhoods at a base density of up to 1S dwelling units per net acre. RMD: Medium-Density Residential. To allow duplexes, townhouse projects, apartments, and small-lot, single-unit residential uses, at a density of 15 to 18 dwelling units per net acre. Additional density may be achieved through density bonuses. RHD: High-Density Residential. To allow for multi-unit residential developments at a base density of 20 to 46 dwelling units per net acre. Additional density may be achieved through density bonuses. 5 11.2.05.010 Land Use Regulations. Table 11.2.0S.010: Use Regulations - Residential Districts, prescribes the land use regulations for residential districts. The regulations for each district are established by letter designations as follows: lip" _ Uses permitted as-of-right that require no discretionary review if in compliance with all standards. ' "l" - Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.0S.01 O. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director. . CITY OF SEAL BEACH MUNICIPAL COOE 3 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts "C" - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission. . "_" - Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.8S: Use Classifications. Use classifications not listed in Table 11.2.0S.01 0: Use Regulations - Residential Districts, are prohibited. I .'~ '. ...: II: :.~ . .. " ;. : . ,1 . .. ~,,: "':'.' TABLE 11.2,;05~01'0: :.., .'., .' . .....: 'j,. . . .,:: '. -.:.. ;....:;.J: ...1:':.:''':'> ", . . 'r' l':s,,"" . . 1:'.:::'1:1 r " . . A" . .....;.:'.1 . :.:...USE,REGULAT10NS ~:.Re$.lpENTI~L ~'STR~CTS.. :''''0:. .. ,. ... i /1::"'::>,'.. '.' ")> :'..' "'j'.. ',:.RLI;t RM~:,,':Rl1it~ ":Adiiitio~al,~egulati.~'irs...,,: ,..,'~", ,",,' ,,' ':,' .' '. .' ',: .: .. ,.. ..:. ".:'.~': .. ",~: ,..':' .. Residentia1" Use Types.., .- '" ,'. ..:..., ';",: ......-:;:,;' ,,'.~".. ':,,:." :' 'v" :,', =>. .... :....... ~.. ,"'.Y ': r.. , .(., .~"'~ " -, ...... ..... Single-Unit Residential P P P See Section 11.4.05.100 Second Unit P P P See Section 11.4.05.115 Two-Unit Residential (Duplex) - P P Multiple-Unit Residential -- P P Family Day Care Small Family P P Large Family C C Group Housing - -- Senior Citizen Housing -- C P:~bUc,"s~~i-Pliblic', and Service Use,Typ~~':~ ',' "\; .,' . -, '. .. . ~Y'1;':." , ~.: / . .... ., , . .,. . ... Clubs and Lodges C C Community Centers C C Community Social Service Facilities -- - Day Care Center -- - Hospitals and Clinics Hospitals Clinics Park and Recreation Facilities Public Safety Facilities I' . A A A A See Section 11.4.05.110 . P C A C See Section 11.4.05.045.8 See Section 11.4.05.125 '" ).. .,' .::. "" l..~. ~ . " C C C C See Section 11.4.05.080 See Section 11.4.05.045.C A A I . CITY OF SEAL BEACH MUNICIPAL COOE 4 . . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts - ":;:, '.~"'..I"':, .::...... ',.....:..: ::', .' :,' ", ..:" .':.... "l'~'''::~; ", ,,:,. ....:.,. '.~. . ".. '. . ;: .~'.... ,," . .,>.: ,':/'.::.::'~""",;::::<::":',',,:.::..:'.." :...:.,:....'>:.-: .~;r~~~,E 1~.~~:~:~~~,1.~A.f~~t!n~ed) ",J' :;" ~ ,,:;.: :.,/'. . ,... :'<.";' . '.:.:' . ,:':..,;;,:.:I.:i'~'~i..:'.'.USE",REGULATI9NS!:~..RE~i'DEN1;IAL.:,:DISTRICTS...: ::. " '';{.'' . , ,:,:;.;;' " .' :-'. 1.,1 ::'.;. .:.......1... .. .... :'. ". "H .... '.. '.' :,..:.,...... '. ..."i .... I.' " '. . I' Ill" . . .'. ..s::.~":' ". ":"",,.,. :. .' 'I;. ~.' .'.l~ .~. ',. .. ~'~./ ..;:y,>.. . :'oJ~" .. ':" .' ~ ..: '. ,',. ,',' ','. "' . ". : ...:..,:.>/.: ."..:' ">,:/,>~'~:;'::,:'~,~~:r(,/. ,,':.-'. ,,: ,:RL.1~.<: ~D.,:' JlHD.: :AiJdlti9nat:Rf!gu/~tif!J1Js,: . ...... :.~'" ':'''~:'<t: ,>..,......... ",:~:.:. .' .'. .;' .......,.'. ;,' .,.:~-:.. ..... :X' .:" '..... ..:>.~'" . ,,"if...... : ':'.' "?>.s , Publi~;':Semi-Public., and .Se,rVice..Use~,Types (Co(itinu,cfj': '. '.~,;:,..\ ..'r,".<'}: /.~'.::.':, :': ..' , ': '....... .,..., '.... .,," . ":~",, ",,',' ," ..,. " ,:,','. ..'( ,'.'.. ";',: .,' Religious Facilities C C C See Section 11.4.05.080 Residential Care Facilities See Section 11.4.05.105 Residential Care, General C C C See Section 11.4.85.020.N Residential Care, Limited P P P See Section 11.4.85.020.N Residential Care, Senior -- C C See Section 11.4.05.125 Schools, Public or Private L-1 L-1 L-1 See Section 11.4.05.080 Co~.rrie'r:ciai:U;~"ljp~~:,':'.\::~',:,:;;~:: ~". :',,'.,..~:,:.,.. .,..,','. '. :.... ,>'t:.. :'.. ..",: < .. .) ...'". ,"(' . . '.. ... , : .,.... " . .. :;~ . .. .. Bed and Breakfasts -- - C See Chapter 11.3.05 Food and Beverage Sales General Market Home Improvement Sales and Services Personal Services - -- L-2 Retail Sales -- - L-2 Vacation Rentals C -- C See Section 11.4.05.135 . ..; . '., - ','I.' .:' ....... :' .' ': ' .. J,~ '<', ....... '._ . . '. : ,,- . :\. ;",:.' j' " " Transport8tion~ ,Communication~' and UtilitY 'Use Types:\~ . " " .... . . . .. . ........ ..',... . :.' ... .. . t. . " . .' . '.. .~ ....;. " r~ . . " . Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers P P P Facilities Within Buildings P P P Utilities, Minor P P P ..... L-2 L-2 CITY OF SEAL BEACH MUNICIPAL CODE 5 TITLE 11-Z0NlNG PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . .,-:~,:,::. ":: :,::' ,..'.:.:,:~>;:: ':':, :.. }:':' ,"';'.:"',.';''. <: .:. ..:! ~~.~ 11..~~.05.~~1,,~.. (~o..nti~~~ctli\?::.:'..: ":,:' .' ", ,', :'. ", :.:', " .,:' .:: ).. " .' ''',' " ..~>;~:.:,:...,~\:, ''''USE,REGULATIONS';::''RESiOENTIAL.'OisTR1CTS' ':"':, " . ..,.: ,~. ,,' ~;:, :~: ::,:,::':"'j,:;~. ;,.;:.;:::~;, .. ~'.\~~t< : . >,~~:'-::'<,; .:.::', ,~"~:~,"~':kL~ ,'?f: k~;;?i ''R~b:.' :;: :'A~~iti~;'a; R:9' '<u;~~~ns' ..,...~ ..~ . ,: " :.','. -:,',,' "A.' '. ;>'. 'I. ~:. .. ,,' ~, . ..~:t: ,', ,'I "1-. ".1- ......" . '. .:" ,.;;'}.'t,.:::"': ../...~... ~....:':l-...;'/~;,. "\. :'..:'~"'.'~ .....:[.~..~~...,:':...<., :", .......... ....,' It..~:,,:...~: ...A'.:.:....: ......;.. ::.....,..~:A..,:~., ,.Other:Apphcable Use Regu'atlons ..:',... .,/:'.... ;..:;,.>-:>:.....;'<< ,': ;'~,. -', ' (. ...~' .,.:..... .. '" . . .. . ....'A.": ...', '.' . . . 11>' ".: '." . .. :.: , '.' ,.., :',:'. ,',: " " ,;,". " :, ....", " Accessory Use See Section 11.4.05.100 Home Occupations pip I P I See Section 11.4.05.060 Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary l!se See Chapter 11.5.25: Director Determinations L-1: Public schools are permitted in all districts without City review; private schools require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. L-2: Must be on the ground floor in a multi-unit development of 150 units or more and must be less than 1,500 square feet in floor area. Larger size facilities require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. S 11.2.05.015 Development Standards. . Table 11.2.0S.01S: Development Standards for Residential Districts, prescribes the development regulations for residential districts, including lot dimensions, building form and location, pedestrian orientation, vehicle accommodation and other standards. The II Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation> or that are located elsewhere in this Zoning Code. The designations "RLD-9" etc. indicate the base residential district designation and the maximum number of residential units allowed per net acre. . CITY OF SEAL BEACH MUNICIPAL COOE 6 ,_, _; :::l).();'; , '". " ,., ,.......,~=:t.':l::,.-v,l ~lit.f:'F~\1 ; ~..:. \ '.C~,r:, ~:-..l , ...0 ' 1"-. ,"".*", "~~l~,:\ ,'- ,'.....: :, \~.; :/,~:"'~" I': .:..~:. : Q.; , a.: .. .. !.:::~?,~'~,,'~' -u> '.' tri : ..,:, . ....,., . ~ ' ~:. ;.:~}~~i e :~\:: . ~'::':"" en ~',. .,' -' ",.." C" ,C") , ' " '..J ~ ,: :':'.:' .,~",.Q':_<"~"'" ~ %.:-.,.., .z...~.'..', " \II . , .,~'~;, 0'-"':''':'' ..... ..... . ~: " ;:. ..~ ' C' .:;, ~. c' ",,",,('ol: ;, ...e c" ,." lD'..; ... ' .' ~ u- ... . ,', <~, ; ('01 . 0 a:. . .,." " ,,;,'\1- .... I '~ 11). -,' " ..I 0 ." . .;"; "'\ ~ CD , y, ~ ~ ';' . 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J:: .~ -5."0 0. ~E:e?Aco G)2~~C u::: c=- CI) 0 ~ag,Qg- en '" Ul 9 Ul c- G) :0 = -g.!! c ._ > 0 >-- Po >,Qu't:'" ~i?A8.8 ~.!:: to e lO:: to ~ 0..-0 ~ g:e Q) ~ ._ ... ~ = !S ~~~~~ ... co ._ ._ "0 o .g 1::: 10 .- 'c'- C1)- c CD ~ 0. ~ .- 00.= 1< ... :;::0 ,- WUlQ.Ul~ ~ c: ~ "0 o .S i to U .2 tS '.5 Ul o o N, C :J: ct. CI) = .S "0 CI) ~ 16 .... o c ! to j!! 'c ::J "0 C ~ !~ 0E m... OQ) ()Q.. ..... ~ Ul 8 C to .c to :> ~ to :S ~ - ]A c' to ai "0 Q) > e 0. ~ U1 o o C) f G Z ~ 2 :tC'? ~..... CD ..J' ~ u.. o ~ C) - '0 c ~ o o ?: G , <( )( =e C CI) 0. ~ 9 ... .e ~ c.i ~ TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts . A. Standards for Surfside. 1. Yard Requirements. Yard requirements for Surfside are set forth in Table 11.2.0S.01S.A: Surfside Yard Requirements. 'l: "~~"':'. ':. ':>:. :'.'. . ...... .','. . ~,. " ..'..., . ",:, ".,:, '.. :." ...'. " . . ,r....':... " . "::':::.' : 1.:1.:",1 ... .' i,:';-.' .'.:.,...... TABL:E .11.2.'05..0',5..A".. ,','" '.... '. ' " " " - ~. ..:.....'-:. ,.. . , ... .. '. .' '. "::', I'. :', ~ ... '.1' ". 'i . ,,' .:.....: ~~", :' :" ....... ," .n" .:", ;',. :'. .,~ . . ......' 'I' ',' .. '~..,: r . . ".:,'. .SU.RF$i'DE"YAR[)",.REQUIREM~NTS:.' '. ,:',: '~ .' .'~ .. , , ". , ,..' . " . < -; .", " <, ,.,.,.... .: . .. . ,,\,,"., . '. ' , . "I. ~ . .., " ..... '.' "A" 'Row':' ...',> .; :': ',.. ,"::'"~''' "B'~~]~'~,~ ,,:+ '''';,: i:. . ""C"."R: 'f'" ' ' .. ~".. ' '. , '"'' ,:.' .' ow..', . '. .' ," .... " .... ~. . : ^ . .~: ' Front Yard 4 ft. 2.5 ft. 2.5 ft. (L-1) Side Yard 10% lot width, minimum 3 ft. - maximum 10ft. (L-2) Rear Yard -- 3 ft. (L-3) 3 ft. (L-1) Upper stories may cantilever to the property line (L-2) "A" Row. A stairway and elevated walkway not to exceed two and one-half feet above grade are permitted to encroach three feet into the side yard setback on the northwest side. If a residentially zoned parcel is located to the northwest of a colony pedestrian easement and abuts such easement, a stairway and walkway may be constructed on either the southwest or northwest side of a residential structure. (L-3) On Lot B-1 through B-70 the upper stories may cantilever to the rear property line . 2. Projections into Side Yards. Cornices, eaves or chimneys may project 1 foot into required side yards beginning above the first story and in no case less than 8 feet above grade. 3. Building Height Limit. Maximum building height for residential structures, including Second Dwelling Units, shall be 3S feet, as measured from the crown of Surfside Avenue at the center of the subject property. 4. Minimum Unit Size. Minimum unit size is set forth in Table 11.2.0S.015.A.4: Surfside Minimum Unit Sizes: '.. .. .. ," ..,. .". .,.Ta,bl~,'11.2..05.015.~.A.4.. , '., ,','''. . ., "'>~ Suffside Mirlimu," Unit Sizes ... : ':. I' .... . .. '", '..;, '.,',".. ':::::: - ,", ,,~.. .. ';, , ,..'Minimum Un'it Size .. .., .. .~.;-::.~/ " ^' Unit Type~..;> .f,... . 'ft . ,,',"';',. ,:,;<: ,~' :,.. ,/ ',' ..",:'" ,'.".", .. ':', (s.q.... -~h' ',:': Primary dwelling unit 750 Efficiency Second Dwelling Unit 150 1-Bedroom Second Dwelling Unit 400 2 or more Bedroom Second Dwelling Unit 600 .' : . CITY OF SEAL BEACH MUNICIPAL COOE 14 TITLE 11 - ZONING PART 11: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . S. Parking Requirements. See Chapter 11.4.20: Off-Street Parking and Loading. . 6. General Requirements. a. Lot coverage. Lot coverage is determined by the required setbacks as set forth in Table 11.2.0S.01S.A: Surfside Yard Requirements. b. Lot area per dwelling unit. No minimum lot area per dwelling unit is required provided all parking requirements are met. c. Zero Side Yards. Upon the issuance of a Conditional Use Permit pursuant to Chapter 11.S.20: Development Permits, 2 lots with a common side yard may be developed incorporating a zero side yard setback on the common side yard provided: i. Both lots are developed concurrently and that the units are of compatible design; ii. An equal or greater amount of open space is provided on each lot than would be provided by the required conventional setbacks. d. Stairways, Balconies and Patio Decking. Stairways, balconies or patio decking may encroach into the Surfside Colony leased land southwest of Block "A" as set forth below: i. First floor - 10 feet with glass deck enclosure. An additional projection of 3 feet is permitted for required stairways from second floor balconies or landing areas, not to exceed a length of 10 feet; ii. Second Floor - S feet; or 10 feet if the first floor deck is then restricted to S feet in depth with a S-foot high glass enclosure or first floor is an on-grade patio extension to a maximum of 10 feet with no enclosure; iii. Roof projection/sunscreen - S feet; iv. Decks must have guard rails installed as required by the California Building Code. On the first or second floor deck, a glass enclosure may be added. The glass enclosure shall not exceed S feet, measured from the finished floor of the deck. No glass panel shall be less than 3 feet by 3 feet. All glass above the required guard rails shall be clear, un-tinted glass. No portion of the glass enclosure shall be covered or roofed in any manner. e. Minimum Lot Size: Block B. The minimum lot size for Block B, Anderson Street (Lot 1) northwesterly to Seal Way (Lot 70) is 2S feet by 60 feet. f. Required Submittals for Issuance of Building Permit. The City shall require the following of any applicant prior to the issuance of any building permits for construction on "A" Row, "B" Row, "C" Row, . or Surfside Colony leased land: CITY OF SEAL BEACH MUNICIPAL COOE 15 TITLE 11 - ZONING PART 11: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts i. Surfside Colony lease for use of Surfside . Colony owned land; ii. Excavation deposit release from Surfside Colony; iii. Street security deposit release from Surfside Colony. g. Nonconforming Building Expansions. General renovation and structural additions to nonconforming buildings may be approved by the issuance of a Conditional Use Permit pursuant to Chapter 11.S.20: Development Permits, provided: i. No bedrooms or other living quarters are being added; ii. The only rooms being added are bathrooms, storage closets, closets or enlargements of existing rooms; iii. The building provides at least 1 conforming parking space. iv. General renovation and structural additions to nonconforming buildings which are nonconforming only due to inadequate setbacks may be approved pursuant to Chapter 11.4.40: Nonconforming Uses, Structures, and Lots, Section 11.4.40.020: Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential . Districts). B. Maximum Lot Coverage in the RLD-9 District. In the RLD-9 District the maximum lot coverage is 45%, with an additional S% lot coverage permitted for patio covers that are at least SO% open. The RLD-9 area along Ocean Avenue, between First Street and Eighth Street, is permitted 60% lot coverage. C. Floor Area Ratio - Base and Maximum. Development shall not exceed the base and maximum Floor Area Ratio (FAR) in accordance with Table 11.2.0S.01S.C: Allowable Base and Maximum Floor Area Ratio by Lot Area. . .. 'I . ' '. :/!:.:.:":':; :../ :..:". ,,~.':::::,::...: . _. :' ,'''. .'. .' '::,!a'~le 11..~~~~,.~.15.~C '> ~,':': ....., '... ,.' "(. , ~ : A,liowable ~~se:~m~, ~axi.m~ni FI~~r ~rea .~aij~ by Lot Area .' ." - '.'LotArea .): ~;..:: . Base FAR "': . Maximum FAR .' .,.' . " . $.",; .. .... 2,SOO - 2,999 1.00 1.10 3,000 - 3,999 0.8S 0.9S 4,000 - 4,999 0.80 0.90 5,000 - S,999 0.7S 0.8S 6,000 + 0.70 0.80 . CITY OF SEAL BEACH MUNICIPAL CODE 16 . . . TITLE 11 - ZONING PART If: BASE DISTRICT REGULA TfONS Chapter 2. 05: Residential Districts 1. RLD-9 and RHD-20 Districts - Areas Excluded from Floor Area Ratio Calculation. a. Lots in the RLD-9 District on Ocean Avenue between First Street and Eighth Street that have eligible areas to be included in Floor Area Ratio determination pursuant to Section 11.1.15.04S: Determining Floor Area are not required to include eligible areas that are located below the roadway level of Ocean Avenue as measured at the wall of the structure nearest Ocean Avenue. b. Lots in the RLD-9 and RHD-20 Districts that have eligible basement areas to be included in Floor Area Ratio determination pursuant to Section 11.1.1S.04S: Determining Floor Area are not required to include eligible basement areas that are totally below natural grade. D. Floor Area Ratio Design Incentives and Deductions. The Base FAR may be increased up to the Maximum FAR as set forth in Table 11.2.0S.01S.C: Allowable Base and Maximum Floor Area Ratio by Lot Area, if the development is designed with a sufficient number of the following design incentives to achieve the Maximum FAR. See also Part VI: Terms and Definitions, for the definition of "Floor Area Ratio" and Part I, Section 11.1.15.0S0: Determining Floor Area Ratio, for additional information on calculating Floor Area Ratio. 1. Additional Design Incentive FAR Bonuses and Design Feature FAR Deductions. The development is constructed with 1 or more of the following additional design incentives incorporated into the project, as set forth in Table 11.2.0S.01S.D.1: Additional Design Incentive FAR Bonuses. Each additional design incentive has a corresponding FAR bonus which is cumulatively added to the Base FAR up to the Maximum FAR permitted in Table 11.2.0S.01S.C: Allowable Base and Maximum Floor Area Ratio by Lot Area. In addition, a list of FAR deductions is set forth in Table 11.2.0S.015.D.2: Design Feature FAR Deductions, which will cumulatively reduce the allowable Maximum FAR. CITY OF SEAL BEACH MUNICIPAL COOE 17 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . ".," :":,,,,::,;\,,:~':~:,.!c::,;~,,::,','i',," .,: TABLE 1" i05"015~D1"\">"::-'" ".." ",. ,:,~ A' .:' '.' '~""~'~~~:"~':""':H:!'::":' I ,,".. ::. .;~ . 1:._,- . ,Ii .:~'.,~.""'y".",,:,:,:'.',;;:>~:-.~,:''',,:: '.~ . ..\'>~ ::. ".__.:~:l .. , .. ' .'::.': ~:',.'" ADDITIONAL "PESIGN ,INCENTIVE.'i=AR-,BONUSES' '- ,'" I ..: ,,"., '. ". . . _.....,'.1:.,... . t. )olA .. ',: I... ":;:''\..~ '.' N ..:.....:,.....j:...~.'....I: "'~ ..... "." ". ',..,......;.;:.. .,,/' ..... ..... " ,." ,'~.l~< ;"; ,', :,::,<,,:,~:..:-<:~~:t ,~~ .DeSlgo lr:-ce~~,~!': ',:: ' "'.'.~'::':", ''''>~.',:,.;:' "'-'::',,':' ,>.' :f,AR'"Bo~us .,;:,( l.ANDS.CAP,E:\~:,~'!':'. ':~ , :'::'( :~',., ': . :;~: , ~~::':~ ':",~ ~~.' ~~:' ':':,: ~ ..:.;'~~:" ''':~~~'i+,: , ',:\ ': ~:~;':,::':::' ": ::~:~':. ',: ,: 1. Preserve a tree and its root system in the required front .03 yard, being at least 5 years of age with a minimum diameter of 8 inches for a shade tree or 16 inches for a palm tree (measured 4.5 feet above the root crown) and a height of no less than 20 feet, or Plant a 48-inch box shade tree or a 1 Q-foot tall brown trunk height palm tree in the required front yard. In addition, install an automatic irrigation system, for all landscaping in the front yard and adjoining public property. 2. Preserve a tree and its root system, other than within the .01 required front yard, being at least 5 years of age with a minimum diameter of 8 inches for a shade tree or 16 inches for a palm tree (measured 4.5 feet above the root crown) and a minimum height of 20 feet. 3. Front setback area with less than 30% coverage by .01 . impervious surfaces. NEIGHBORHOOD CCMPA TIBILlTY, .' ~':.~' ',::, ,,',' 4. An addition designed to be compatible to, and to retain, the .01 architectural style of the original dwelling. . CITY OF SEAL BEACH MUNICIPAL CODE 18 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts '11'1I'li,,:,::;;":::::":'.:I'l';'.~"~~~":, ":'1 :.':.. ...~: ..~t1 . ,j:":, > ,,';' '~.':. ':', :.~~:(<~l. '", ..,.....::.~::.. .......:.::. ::'." "i:": ::' . ,.' . '''~ )"':':.,' ".;5':," ',: .:':,:i.I.:,.,;....:...'.iABljE 1.1..2~OS~015..;D.j .(Continued)r' . '''';:':'' "'. .....:. . .... '.' ...:....,' .':' :.,:.: r:'~ ',' :e... :'........1>.': .:.:"I..:~.:-:.:...I.~......:..~.....:-~J..l...:.I..:::.:~ .,1. ':it:;:', '. > l::"~':'::':' "1,- : : "':'.: ," I'. . ....:~' , .":: ~,/i:;:::,~{..;~~:~.,...;..::~':.:i,::.:.:~~,~.ITi6N~~:p7.~'~G~' ~~,9.~~rl,~~:'F,~Fl.,~B~~.U~~~.': ", I':":~,. .':' .....-. " . '\' .... .. . :'. ',;. , :: ,:-:"',,:~:~~::~':~'" '. .', ~~ 'pesigrd ~c;:entlY:e-':;":': ":':', ..... :.:.:,.::.}: :)t <. ,<:~.. ,'i ,.( ~:f~ :' :', :..:'; ,FAR '.Bon-us ':'" ::'.. F~()t(r~.:PORC1i~~ .>:: :,>,:..,":,-;:',f' '.. .:..., ,,', :.,' ;':'...:;~: \i';::.\'.. :~:\: .:;.:.~ '..~:;'., ':" ;'~;:': ':.. :', ~':..'...~:..~;~ 5. A covered, and unenclosed front porch with a minimum of 50 percent of the perimeter walls of said porch at least 65 percent or more permanently open to the passage of light and air (porches on corner lots may wrap a maximum of 60 percent of the required length around the corner of the dwelling from the front to the street side yard so long as required setbacks are satisfied): A. Raised a minimum of 12 inches above the ground, has a length of at least 70 percent of the width of the dwelling and projects out a minimum of 8 feet from the dwelling (eaves may project an additional 12 inches); or B. Has a length of at least 50 percent of the width of the dwelling and projects out a minimum of 6 feet from the dwelling (eaves may project an additional 12 inches). , , ROOFS..., . ,/',.. ',. '. .' " ,.., .. "..': ::', ," '~'~:, " ." Y,... . 6. A roof on the main building having a slope of at least 4: 12 but less than 6: 12 for at least 80 percent of the total building area, with eaves projecting a minimum of 12 inches for the entire sloped roof perimeter. 7. A roof on the main building with a pitch of 6:12 or greater for at least 80 percent of the total building area, with eaves projecting a minimum of 12 inches for the entire sloped roof perimeter. The 6: 12 portion of the roofs ridge axis must run perpendicular to the street. 8. A main building with a variation of roof lines visible from all adjoining street rights-of-way. 9. For lots 50 feet wide or wider - a roof on the main building having a slope of 4: 12 or greater for at least 80 percent of the total building area with eaves equivalent to at least five percent of the width of the front facade for the entire sloped roof perimeter projecting a minimum of 24 inches. .03 .01 .01 .01 .01 .01 CITY OF SEAL BEACH MUNICIPAL COOE 19 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGU/-A TlONS Chapter 2.05: Residential Districts " " l"r.:' ..:: . .' . ::', :~" ,'..,,':. .' :'" . '. ~'.: ", '::, ' . . A' ',' . - : c. .. " .' . '.1' '..:. '.:' - . 'I I" , ' , ;, ,: ,;;,:-: ,<.:,,, ' ":,""TA$LE"11,.2~,05.'Q15J).f'(Continue~L,~", ,<, ,'_".' .";'.:', "':"" '; '1.;:':' .....1..1.; ,,,:.:..~...., :"".'. i',:',':'~"~""'.::I.~K":'lll:'...:' ....:~:.:,:,... "':'~I;"l'" .,r:'V' ''';'' ..:........;11..: ',..' ::':.': " "<''-'" ,:::' ADDITIONAL DESIGN":INCENtIVE ,FAR BO:NUSES >, ' '. .:'.::. .,1." ,; ..... . . . : '... l...."'."'" . . ,'I ' ,'.' '~', '. . :.,' . : v .' ." . . . :. .. '..... ,. " .. ~ '<,~:',,;, .. :"", "',,,:,,';<;,,: "::',< :',/, , . D~slgrtli1Ce~tiv.(' ',.,,:;,:(,,:,>:: ,,:;:\'j:',::.:",~ ".: :~: ",": :,~':"FA~,B,on~. '~~:;i; ~LOT:iCQVERA~E ':', :~~, ,~':'.;:-;'> ': "':: .. {':' "!:,:' ::>,: i,;:;::":":; _'~iX ;:"". ...,,:::, ':', '.. '<::'.":i:' ,:, 10. A maximum total lot coverage not more than 40 percent for .01 lots with a lot area of 5,500 square feet or less in the RLD-9 District; or A maximum total lot coverage not more than 65 percent for .02 lots with a lot area of 3,000 square feet or less in the RHD- 20 District. 11. A main building where the second story "gross floor area" is .02 50 percent or less of the "gross floor area" of the first story. GARAG'I;~:,ANO, :ORlyi;wA YS ;~>, "., ':;:": " ',,~" '",''' ':"~,,,,<:,: ~ ' ',"',"{~,;:' : 12. A detached garage with a maximum of 11 feet in height for .01 flat roofs or 13 feet in height for sloped roofs of 4: 12 or greater. The garage must be separated from the main building by at least 40 feet. This separation must be open from the ground to the sky except for projections otherwise permitted. 13. The following features shall only apply to lots that do not .02 abut an alley, or due to the location of the lot or physical attributes of the land the garage can only be accessed by vehicles through the front yard, the garage provides the required covered parking, and the lot is not a corner lot: A. All of the garages located in the rear 50 percent of the lot depth with a driveway maximum width of 10 feet in the first 30 percent of the lot depth. B. All parking garage doors which are visible from the street with a maximum cumulative door width of 18 feet, set back 6 feet or more from the dominant adjoining building facade and contain windows and architectural details. C. All parking garages with vehicle ,access doors turned 90 degrees or more from the street or which are otherwise not visible from the street, provided the garage door{s) are facing the adjacent side yard setback and the garage wall facing toward the street does not extend beyond the adjacent front facade of the building. D. Underground parking provided on lots which are 50 feet or less in width and with a maximum cumulative vehicle door width of 18 feet. . . . CITY OF SEAL BEACH MUNICIPAL COOE 20 . . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts ',,' .,.,'..:.'., I, :,.'k'I'lIi:(~;'..I::i:'I':'''I::,.:i:,i'..'' ':':, .:~::::'.'.!,"': ..:.:.....: .....:.::... .~. ...~'~l:~:;.:":!t.<.:..:....:. ..;-:1...... .::~:l,",,~ ~.....:.l'.. "1"/ ,', .' " '.' '.:<':':.\:::>; '''';f'. :?~~~!::::?::':;':~':.:. ",.":'~ ':'; ;""!~'~~~ '1, ~.~~~~5~;~~.lP'1,~ ~O'!~~1!~~f!} :,'-":~';,' ,,". ". "'::.:': " .::::,..:::'" ;.: _..::.,:~:.; ":' ': '~.' :...;.>:.J:;:'~:::.:/;:",:';::;r",~:;,:;"<;ADDIT.IONAL DESIGN :lNCENT~VE FAR' BONUSES .:'...~:, ,:":,' ,. "'::::' :;1; , . 'I .... :.....,' ,', . ;,:~. .' . . ':" . "I ~ ..: . . . :, :..... : ..;. . .,~' .'," . . '. ,0',1 . ",I .'. ' - " ;:' .,., :-' :' '~.,,' ',',,', .<:./';~~ :': :.',Q~s~gn 'I"cent~v. \:: ,'f{):??<::,~~', ,5.::: :,.,,:' ''}i ..' ,;)' F ",'(Son:~~r":.~~: SETS'AC'K'S'o.'A" N'O":'H" EIG'H" ~~': ,:.;~~-;~,> ~.....::,".:. :~:t:'~:,:.:"...,... /V': .;,~>~:~ ',;:: ,:",i .J, . . . .' $';'. . ...~}.... .~.~ ,,'. ""~","',,....."': ,', . .' ._ . .. . : '. "".,~ . , . . . ~. ,.. 'v. '. . ." .. ~ '. ~. " ., . ,,''', . . ,. ~v.. .. 14. A main building limited to 1 story with a maximum height of 14 feet to top of a flat roof and 20 feet to the ridge or peak of sloped roofs (otherwise permitted exceptions allowed). 15. A second story front facade set back a minimum of 10 feet from the dominant first story facade for a minimum of 70 percent of the width of the first story. 16. Lots less than 37.5 feet wide - A courtyard along the side facade of the main building, open to the side yard, of at least 150 square feet in area, having a minimum width of 15 feet (parallel to the side property line), and a minimum depth of 10 feet including the required side setback area. The courtyard must be open to the sky, except for balconies which may project into the courtyard up to a maximum of 50 percent of the courtyard area, and architectural features which may project into the courtyard up to a maximum of 10 percent of the courtyard area. The courtyard must be an integral part of the main building and may open to the front or rear yards. Lots 37.5 feet wide or wider - A courtyard along the side facade of the main building, open to the side yard, of at least 15 feet in width (parallel to the side property line), and a minimum depth of 30 percent of the lot width from the normal setback line. The courtyard must be open to the sky, except for architectural features which may project into the courtyard up to a maximum of 10 percent of the courtyard area. The courtyard must be an integral part of the main building and may open to the front or rear yards. .03 .02 .04 CITY OF SEAL BEACH MUNICIPAL COOE 21 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts . , . ..:::: ' ;; : ..~.. ........ ..." '1:. .....: : :',li.,.. : ;'.... . . ~' .~,': "..' . I ',"';' ...:,' " . .' liE '. , .;", ", ' ,':' ':";" ,,::::,:, ",,"J~~~1.= 1','1.2~05.<01,S.D,,'1;,:(COntinued):::" :', "'".,:: .' " .~ . . ,'. . ., ,', : \t;'. :. " .,' .:::. ': :. . .... .~., . . : .': .... '01. '..: I . . r' ;~ . ,'A" . I":: '.. . :.... . '" ". '.. ..:.:.;,,:,,:~, ",.., ADD,.TIONAt. DESIG'N: INCENTIVE '.FAR BONUSES ,:' ',..,. .:.;' .:. '::: ... ., ., ',. :' ::" .IE " . " . ... ..' " .~.:,'. ::' ~'~\::': ','.<,' ~:'~~'>'1)esign' .lncei1'tive, ~ ,:', " .. ,.,::> . ~{.,' ~:', <. '::FAR':Bon'us ":":-,' . "" . . ~ .'. ., . . " ", ')0 .. SE,TBAq~~',ANp"t1~ly"fr,'(Cq'nt;riued),..>~:: .:>'.....;. '::"..'..\>.. .', ,< ,,'. '* 17. A main building with 1 side yard setback for all stories which is greater than the minimum required side yard setback with projections otherwise permitted from the increased setback line as follows: A. 25% greater setback: B. 33% greater setback: C. 50% greater setback. 18. A second increased side yard setback in accordance with Design Feature 17 for the entire length of the main buildings second or opposite side yard. 19. Second floor rear setback at least 5 feet more than the required rear yard setback. 20. On lots which are 30 feet or less in width: 2 or more attached dwellings and covered parking constructed with a common zero side yard setback on 2 or more lots having contiguous interior lot lines. The remaining side yards shall not be less than 20 percent of the width of each respective lot. All side street lot lines and interior lot lines adjoining property not part of the development shall not be permitted to have such a reduced side yard. DESIGNED BY LlCENSEI;)'ARCI1ITE,CT":,,.,.,',~ ,',,' "".., '. 21. Plans drawn and signed by a California licensed architect with the architect-of-record's title block on all sheets of the plans and an affidavit signed by the architect stating that the plans were drawn by or under the direct supervision and approval of him or her. CITY OF SEAL BEACH MUNICIPAL COOE 22 .02 .03 .04 See above .01 .01 . .01 . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TrONS Chapter 2.05: Residential Districts . .:,,:::'..:.:'<" '..:'......:::..:.;..:,> .......:...< <,::~,tABtE"~1.2.05:'oji5~D.2 ' . "":'~:"'/':"":' " ..,':' ','.'.: .:'....:;::<.,( , ~::'::(.....>,:.:>;,'.<;:., :.:,' ,:;'.~:. ':"~~'~'SI~~..i='EAT'~RE..FA~';~EP:UC~IO'NS:,':' :...... '.::' :'..'<..':..':',:': '<:':,. :.;.::'; .... . ," ." ':,.. .... I ~'" . "!~ ':','. .1,' . .' . . . J ' ':1::' ,'1: . I'" '. ',' ': . 'y. " . ',' . . :.,. . I': . "?:d~::'...' : (. . .::::(:..:, :,:, '~" <'~'.: !'~:: ": 'D~~~gn' Feature.' .' ."'.;. ..., ~~,::':,'~\''', '.;:~~: . "~ ,{;..": ' >.~". ':;FAR"b~~~cti9n,:'< . 1. More than 18 linear feet (cumulative) of garage door(s) on the front facade of the main building. 2. A deck or balcony on any building adjoining a building facade or on or above the roof which is above the finished floor of the second story or 14 feet above "grade," which does not have all of the following minimum setbacks: A. A side yard setback of twice the required side yard with a maximum of 8 feet; B. A rear yard setback of 60 percent of the lot depth for lots 100 feet or more in depth and 50 percent of the lot depth for lots less than 100 feet in depth; and C. A setback of 5 feet from the adjoining front fa<;ade. 3. A main building whose front and side elevations have architectural elements such as, but not limited to, windows, doors and columns that are higher than 14 feet or have a cumulative proportion opening-to-solid of greater than 30 percent with each story per facade calculated separately. 4. A finished first story floor or a finished floor directly above an underground parking garage or basement greater than 30 inches above "grade". 5. Landscaping with plant material or water features between the front of the main building and the front property line which is less than 50 percent of such area for lots with a "frontage" less than 50 feet in width and less than 60 percent for lots with a "frontage" of 50 feet or greater. 6. A main building with a parapet wall or flat roof within 10 feet of an interior side yard. See Section 2.05.015.J.4.c.1 for permitted exceptions. -.01 -.01 -.01 -.03 -.01 -.04 E. Substandard Lots. Any lot or parcel of land of less area or width than that required by the regulations for the district in which it is located may be used as a building site only if it was a lot of record in accordance with Table 11.4.40.06S; Minimum Legal Area and Dimensions of Lots of Record, subject to the following standards: . 1. Required Improvements. All lots adjoining a public right-of- way shall install all required improvements in compliance with applicable development standards and use regulations, unless the Planning Commission CITY OF SEAL BEACH MUNICIPAL COOE 23 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . approves a variance or waiver in accordance with the provisions of this Zoning Code. 2. RLD District. No building, other than a single unit home, shall be constructed on any building site in the RLD district containing less than S,OOO square feet of area. 3. RMD and RHD Districts. No building, other than a single unit home, may be constructed on any building site in the RMD and RHD districts containing less than the required minimum lot area, unless the minimum lot area would allow for more than 1 unit and all applicable development standards can be met. F. RLD-9 District - Minimum Front and Interior Side Yards. In the RLD-9 District the minimum front and interior side yards are: 1. Front Yard. In the RLD-9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the RLD-9 District area along Ocean Avenue between First Street and Eighth Street, which is not allowed side entry garages. 2. Interior Side Yard. In the RLD-9 District the minimum . interior side yard is 10 percent of lot width with a minimum S feet except for the RLD-9 District area along Ocean Avenue between First Street and Eighth Street, which has a 10 percent of lot width interior side yard setback and a minimum interior side yard of 3 feet. G. RLD-15 District Development Standards. The development standards for the RLD-1S District are set forth in Table 11.2.0S.01S.G.1: Specific Tract Development Standards, Tract 6345, Table 11.2.0S.01S.G.2: Specific Tract Development Standards, Tract 6346, and Table 11.2.0S.015.G.3: Specific Tract Development Standards, Tract 9814. 1. Architectural Committee Approval Required. The City shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those tracts within the RLD-1S District that have an legally constituted Architectural Committee, as has been submitted to the City. . CITY OF SEAL BEACH MUNICIPAL CODE 24 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts ..:...;.::..:.....~..:..}....l.: ~:.".' ~.'l .":.,' 'BLE"'~42':'0;,"~1'5":;~~'r4':: .: .' .. ..... ..~.l.:.:.:.., C"" '''; "r '. ,r,.:".':' .....'... "%"'-:::: ':-:'..:'" ':' . ;,TA :.1,11.. S.u . ~,",,",:I',:',:-,:-:".""" ",... ',.....,.',.!,:'....'.'.:.: '...:'.';.i,:;"".....:...,>.::..~,'. ...:.-' . :/ .~...::.:;:;.r'. .>::. '~.'.". ..' I,: :<:".: I' :;Y: ~ ..:.' ~. ': '. ','. . __'I: ' . .'\:~.:': .} ",'" ).... :. .:.. ~ .,'. 1": . ~ . 'IT~:'I'I'. . "'.',: "., RLD-1'5,DISTRICT.....SPECIFIC TRACT DEVELOPMENT. STANDARDS, ' .... .... ~ .. ',;,:-(:'!::;' ":". :.. : ,.'}.":;':,{. ,- "~::, )~:~ ~ 'l-;'/ ~:':'.':'.. ,'::...,.., ,,:::::::.': - : .. :rRA~f:,.6~~~:t:' ,:: "::~"';:/;':'::"i::':':":"::: :.~,~,:~~~, ,,;5L,' :'..::~.<:': ::: ",. ,:;''.:::1::::'':::,::', ..;........ ....~, ,,:...,............<,...... .:-..~~.....1.~~'~'\...."... ....}.. .......... ...:..;"....~. "'..:"..'~ '" ....; .:^~~..~:'.~::-....:.::..,... :~'~"" ;'0' "':";0.'''', J?~v~lopme~t ~~'~~,~~'.~~:~~'{):.~:F:..-:. ,~eq,u,ir.~d .S~'~dard',:. .'.>::<", ',;:~~'~'~;',,\'::;~' ".....~",,<i,.: ';';/~;f~', .' Building Setbacks: Front Yard: First Floor Front Yard: Second Floor Rear Yard Interior Side Yard Street Side Yard Maximum Height Limit: Number of Stories: Allowable Floor Areas: First Floor Second Floor Fence Height: Projections: Chimney Roof eaves - Rear Yard Required landscaping: Patio Covers: 6 feet - Lot 30 and 31. 8 feet - All remaining lots. 50 feet. 2 feet. 6 feet on one side - opposite side yard is a-foot minimum setback. 3 feet. 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential structure. 2-Story Lots - Maximum of 24 lots. 1,250 square feet minimum. 300 square feet minimum; 800 square feet maximum. 3 feet in front yard setback area. 8 feet outside of front yard setback area. 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). 1 foot into public alley (includes garage door in open position). 40% of required Front Yard. Not permitted in front, rear, or side yard setback area. CITY OF SEAL BEACH MUNICIPAL COOE 25 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . ,:..... . ". ';" .,...... ,,:'..,:(:..:.:':~~' .:.....':'- ..tABLE :~:~.. 2 OS'01S'G"'2" . .... ...'.,'.:.., "":' :..i ',..,;> '.'" . . ,::1,',:. ::' :' ....~:, .;: ,:..'..-:.". ;'.\,. .:~,":,,~ :" '. . . .::,::,:',,!.,.' '.......... :" .::.~, '.,..:, :." '....., .i-:> .' ': : ,:':.; <., , ',::';<' " :' ,,/ :':'. '.' :'~ :\:,"'.'... . : ,", - RL.l)~1~~.QI,STRlCr'..~ SPECIFic TRACi'" "DEvELOPMEru ST A~DARDS,' ..'.::. .... ; ': . '. ': ;:',':;:,;(,,:~:);.....;,:...;i\~~'~.":">: '~'...':.:.,';,~::':, .;..:,:.::i;:"" ',';.,; TR~~! !,~4..':'~.;.:::: .":::', '~'.:\'.;:/~...:i:",,;,:,:,::,,::,:,.~,~,.:t';,~:::"; ~':~,<:,:,"':';':' ~,'. ....,;,;~.,..., .:'1' :"';. ", ':.;.:<..~}'~~:,~.::.... ,."' 6-~' ',..' ".: : ?~:'v': '. . " ' .: .... '.:'.' : '" :: . ,:'" ~"''''?':: .' ':,'.:. ':': . ~ ::':~. - ,. ~. ';',:':. .\ : < 's. v. . .;' Development.standard;"";' ':.: ,..".....: ReqUired Standard. '"',",- .,',:>'. i::.:"',~.i ,.:('." :".~:'ti:~ :":~' ...., . ....:. ~ .............""~ :~.. ~< .,',.... ..... .,' "~:':' ;.'';. ....... ',' . );.:'..." ......::~".:' .............":t...:" ....,~. "'v' ~.~ Development Standard Required Standard Building Setbacks: Front Yard: First Floor Front Yard: Second Floor Rear Yard Interior Side Yard Opposite Side Yard Street Side Yard Height Limit: Number of Stories: Allowable Floor Areas: First Floor Second Floor Fence Height: Projections: Chimney Roof eaves - Rear Yard Required landscaping: Patio Covers: 8 feet - All lots except Lots 1 and 6. 7 feet - Lot 1; 4 feet - Lot 6. 50 feet. 2 feet. 6 feet. o feet. 3 feet. 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two-story portion of residential structure. 2-Story Lots - Maximum of 38 lots. . 1,250 square feet minimum. 300 square feet minimum; 800 square feet maximum. 3 feet in front yard setback area. 8 feet outside of front yard setback area. 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). 1 foot into public alley (includes garage door in open position). 40% of required Front Yard. Not permitted in front, rear, or side yard setback area. . CITY OF SEAL BEACH MUNICIPAL COOE 26 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts '....., .. .,.... :...'....,. ...... ;!(!;::"f~',":. : ..:.... ":';:';, .. "::.....~.::....:.. . '.,,' '::-"~" ". .:' .,..... :', ':',':"'.;';:\.; , ...' , ,"":,'. ....!'", . TABLE 11.2.05J015.G..3 ' .. ,\'. .. .. .. .: ....~ ':':~;'~"':'.:' 'I:':"::': ".A :.',,' ::.>..,1 ~:"~"~::'I.::;..:r:.::j..:.i:~I::I:!I:;':I,'A"'", . I':" ~...' ~.::.:.; ,", :'-:"1.: ,:'1',.:::;',', ,v, .~.~.. .:..': ':.... ,\:'. :. ..: RLD.;15.,.DISTRIClj:.~.:.SPECIFJC"TRACT,"DEVELOPMENl':ST.ANDARDS':~,:,::,,::,: ,":i:';" '_ <~":- ,:~~;::'...:.: '. :..::.,,:, ,', ':'" ',:";.::;::~:~:i,>/"~ ::":,~ ':.>';:":'+~C+'98:~4:":' .::::::;".,>:. .:.~:. :;:,::::":''': :~.,',,'~:~:,:~::;:;.:,', .:--!:', ", \:::):'.<::\-.:';~ 'D~~e.i~p~e.~~;~ta.~'~'~~ ~ ;:~:::.~,'. ,:,:,:'.::t:.' R,.qU.i.i~d:~'~~~;#.r,~(':' :"V~~).':::.:'~r~f' . .:':.' ':":'::'::" . :'.:..<:~/.~>:'.::{,!;'.'\: ::i Building Setbacks: Front Yard: First Floor Front Yard: Second Floor 12 feet - Lot 1, 4, 6, 9, 15, 17,20,24,25,27,29, 31,33. 10 feet - Lot 2, 5, 8, 10, 12, 16, 19, 21, 23, 26, 30. 8 feet - Lot 3, 7, 11, 13, 14, 18, 22, 28, and 32. 6 feet - Lot 34, 35. 30 feet except as follows: 20 feet - Lot 13, 34, 35. 2 feet - Lots 1 through 24. 8 feet - Lots 25 through 35. 6 feet. Rear Yard Interior Side Yard (Southwesterly Side) Interior Side Yard (Northwesterly side) Street Side Yard Height Limit: o feet - All lots except Lot 12 and 35. 6 feet - Lot 1, 24 and 25. 25 feet overall - Lots 12, 13 and 35. 25 feet overall - 12 feet within 3 feet of an exterior Side Yard - All other Lots. 1-Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28. 2-Story Lots - All remaining lots. 3 feet in front yard setback area. 8 feet outside of front yard setback area. 2 feet - except no fireplace or chimney structure allowe~ in first floor front yard setback area or rear yard setback area. Entire front yard setback area except entry walks and driveways. 6 square feet minimum in rear yard setback area. Number of Stories: Fence Height: Architectural Projections: Required landscaping: CITY OF SEAL BEACH MUNICIPAL CODE 27 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . .. " :..' .. '. v~ . ,.,'1'. .... .... ~ . I. '. "',. . " '.:. :'~I' -I ~ .....~ ':"'1: ~.... ,'H,' .. t.. ,I; ::..",..., ::',;'-:- .....'>;:<:,',.:,.,. '.~,..:..""...TABLE...~~~2;05,.015.(3.~/(-Cqntin"e~'..:;::>. .'..:., ':' :~::.":'.... "\; ~H.":'..:,'J'.;:::<::::":j~',:.." ,I.....ll....~. .1._{....'J..:.....':~,.....~ .,.-:'1. <",,:',1, ....... ..\.,. .:.., .':1011".','_ .:,','. I,', ::;.: .::.,...' ,RLD-~.5..DISTRICT.-;SPECIFICTRACT,DEVELOPMENT STANDARDS.", ,: :;..' ,:::\ "';,~'..I':: ...::.... ..~,".-lr ..I.~..'..." .:,"i ~' ......jl'I.I:I..: .::~....,' ~.\.j:~:;H"':"'{.r"::I::I. '.,,~....~::.'. ,'1:', ::..,I:........~ '~'~:'l ,'. <:p~:.l.....".:::. j : ,,;-.:' ,...:..',.:,: .........,. ,. ',. :.' i: " ''',:-:-:'. ::< ,.TR~CT,'981~C/.:..,;(../','.: :.": " '.::;-, ';', .1',.... ',. ':"':,: .+; .:', {:"<.~ . '. ',' .... . :. : ",:.., , '$' ',.,'. ,:::. .~. ':-. ',' ~~" ..,,-: .:,.:- .:, :,:.: :">...::'). . ..,....) ,,::, ~:>~,. .... '.... :,... .~ :..... ;\~~,::'i~,: ':Qevelo,pmenH~~nd@rd.'.:,"',.. . ;~' '. J~eq.uir~d,S~n~~r':l:'y;,'~., ' :...'>,~' c.;:,;:,' i'f. ".:,..,,;h .>.....'.':,.. '. . : '..: .... ". .'v'.. ,. ',':;.'. ..' .'.' " ." .' .....(:... "~.'.~"':r. .:.' t. v. .' -:: '. :v.:. .:. . "':\,.... .;,)..' Trash Enclosure: Patio Area: Minimum 2-foot by 4-foot area adjacent to rear yard setback area - all lots except 31, 32, 33, 34, and 35. 240 square foot minimum - adjacent to 6-foot side yard setback area Not permitted in front, rear, or side yard setback area. Must have 50% open roof area and cannot be enclosed. Patio Covers: H. RLD-9 District - Minimum Rear Yards. In the RLD-9 District the minimum rear yard is 1S feet except for the RLD-9 District area along Ocean Avenue between First Street and Eighth Street, which has a 96-foot rear yard . setback. See also Section 2.0S.01S.I.S.b: Administrative Use Permit for Reduced Rear yard - RLD-9 District. I. Main Building Envelope. The envelope within which a main building on a site may be constructed is defined by minimum setback requirements, maximum height limits, and required daylight planes. Determination of required daylight planes is set forth in Table 11.2.0S.01S.I: Determination of Daylight Planes - RLD-9, RMD-18, and RHD-20 Districts. . CITY OF SEAL BEACH MUNICIPAL COOE 28 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts .:. -;;' .... ~. 'j I .. ,", ....>". ..:......... ~~ ~,' ,,: ~ ..~. I,' ..~..~,.: ,.,:~,~..;.,:.;:..:....',' .....;.:....A"i.". , ." .'.1',' :::.'"/:';" :<.: :;:.!::,>!.;::.:::<: "':'. :"':" ::,. "", ',,,, '::.,.".'.. TABLE 1 t.2.,05~01:5.1:.,1 "~i) <, .,: '. . ,"',/". '. >. :,'~' : '. ~":' A' '.:.. ....'1. ,:;", .,.-.:':., :'~:"'A;" -'n :..,:..;~::~:; ..r.l:~::":'''~;~~'';~::~':.' .:...:...,.:....r..~ :..'.,' . .}....:.!. " , .' ..,:. . ":'. DETERMINATIO.N OF'DAYL'I'G'HT P,LANES ~ .,/ :'. :. '..," : ",..' .' ' . "::"":~I::,::...:.:t.l: .:-'::~....' ", ~ ~. : . 'l.{:" ".. :""'~\;':' "".'. .~..' . .~. ", '':', :.: :~':l~ . :.l':l.'.:: " ,:...,..:'::.::...:' '.:' ...: 'RLn:.s' RMD-1'8 AND..RHD-20.iDISTRIC1:S.'... :.. ',::.~:''':,,:, "j. ,:,;)',':, , ,:;' . . . <, .:.:.... .,' ,.:' '. . I., .. . ,:..:,,1, .' <, " '. . .', I .:' . , .. . . I' ~. ". . .... I' .." ,If',." ':' l.., . :~';. ,1 .' "vv .. ;'" .;'..,: ....".,.,' :,>;::>),,:.:: ',,;, ':";~L;)j'~:~:Z~nin,g '",,:. 'RN!I)~~8,an~,~D~~O~,:\'...;,:~,~dd~t,i~ria~ ?';:,- :.. .:.:::/:/. ';'" /':",':':".:':',:,: ':"<,:.,:,/:', "".~'.:/: ::.: :'" '.,. '. :,Distric:t>:,.z .,..:< ': . ': ~oning pi~tri~. ,:-," < :'.".. .).:p,rovis.ipns...,:.;,.' <'.: Interior Side Yard .. Daylight Plane Initial Height Angle (Degrees) Street Side Daylight Plane Initial Height 16 feet at interior 19 feet at interior side side lot line lot line 45 (1) and (2) 45 Yard 16 feet at street 16 feet at street side side lot line lot line (1) and (2) Angle (Degrees) Rear Yard Daylight Plane Initial Height 45 45 16 feet at rear lot 18 feet at rear lot line line (1) and (2) Angle (Degrees) 45 45 1. Flood Zone Heights. In special flood hazard zones as defined in Title 9: Public Property, Public Worlcs and Building Regulations, Chapter 9.45: Floodplain Management, the maximum height is increased by the increase in elevation required to reach the base flood elevation. 2. Certification of Daylight Plane Compliance. Upon the request of the Building Official, any person building or making improvements to a structure shall provide a certification that the structure, as built, complies with the daylight plane provisions in Table 11.2.0S.015.1. Such certification shall be prepared by a licensed engineer, architect, or surveyor, and shall be provided prior to frame inspection. 3. Projections Beyond Height Limits and Daylight Planes. Permitted projections beyond height limits and daylight planes are listed below. In any case where the dimensions of allowed projections specified below differ from those of Section 11.2.0S.01S.L: Projections, the more restrictive provision shall govern'. CITY OF SEAL BEACH MUNICIPAL COOE 29 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts a. Chimneys. Chimneys up to 9 square feet in horizontal area. Chimneys may project not more than 2 feet above the height necessary to comply with the California Building Code. b. Bay Windows. Bay windows, not exceeding 8 feet in length, up to a maximum of 2 feet projection past the main envelope. c. Cornices, Eaves and Canopies. Cornices, eaves, canopies, up to a maximum of 2 feet projection past the main envelope. d. Skylights. Skylights, up to 1 foot above the level of . the roof. e. Elevator Shaft Structures. Elevator shaft structures up to 7 feet in height above the allowed maximum height of 2S feet and not exceeding 40 square feet in area. Refer to Section 11.2.0S.015.EE: Elevator Shaft Structures. 4. Exceptions to Main Building Envelope. Exceptions to the main building envelope are permitted as follows: a. Side Yard Daylight Plane - Existing One-Story Buildings. This subsection applies to a one-story building that was originally constructed or that received a building permit for the one-story construction prior to May 21, 2008, and that is remodeled to add a second story. 1. For the portion of the construction that is within the footprint of the building that was originally constructed or that received a . building permit for the one-story construction prior to May 21, 2008, the inwardly sloping 45-degree angle daylight plane begins at a horizontal line directly above the outermost side wall at a height that is equal to the height of the first floor wall plate that was originally constructed or that received a building permit for the one-story construction prior to May 21, 2008. See Figure 11.2.0S.015.1.4.a.1: Side Yard Daylight Plane Exception - Existing One-Story Buildings. . CITY OF SEAL BEACH MUNICIPAL COOE 30 . . . TITLE 11 . ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts Figure 11.2.0S.01S.1.4.a.1 Side Yard Daylight Plane Exception - Existing One-Story Buildings 2. For the portion of the construction that is outside the footprint of the building that was originally constructed or that received a building permit for the one-story construction prior to May 21, 2008, the side yard daylight plane prescribed by Table 11.2.05.01S.I, Determination of Daylight Planes - RLD-9. RMD-18, and RHD-20 Districts, applies. b. Thirty-Foot Side-Gabled Roof. A side-gabled roof structure on each side of the building, with a total horizontal length of not more than 30 feet, measured from the front setback line along the intersection of the interior side or street side setback line. See Figure 11.2.05.01S.1.4.b: Side- Gabled Roof Exception. CITY OF SEAL BEACH MUNICIPAL COOE 31 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . Figure 11.2.0S.01S.1.4.b Side-Gabled Roof Exception. '. '" .... """ '.. '. '. ". ......... '..., ...... 30' MAX 2" . c. Gables, Shed/Flat Roof Plus Dormers. i. Gables or a shed/flat roof, with a total horizontal length of not more than 18 feet, measured along the intersection of the interior side or street side setback line. See Figure 11.2.0S.01S.1.4.c.1: 18-Foot Exception for Shed/F/at Roof and Figure 11.2.0S.01S.1.4.c.2: Combination of Roof and Dormer Exceptions. . CITY OF SEAL BEACH MUNICIPAL COOE 32 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts . Figure 11.2.0S.01S.1.4.c.1 18-Foot Exception for Shed/Flat Roof . Figure 11.2.05.01S.1.4.c.2 Combination of Roof and Dormer Exceptions . CllY OF SEAL BEACH MUNICIPAL CODE 33 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . ii. Dormers, with a total horizontal length of not more than 15 feet, measured along the intersection of the interior side or street side setback line. See Figure 11.2.05.015.\.4.c.3: Gable Dormer Exception and Figure 11.2.05.015.\.4.c.4: Shed Dormer Exception. Figure 11.2.05.015.\.4.c.3 Gable Dormer Exception . Figure 11.2.05.015.\.4.c.4 Shed Dormer Exception . CITY OF SEAL BEACH MUNICIPAL CODE 34 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts 5. Additional Exceptions to Main Building Envelope. Additional exceptions to the main building envelope may be permitted with a Conditional Use Permit or an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, as follows: a. Conditional Use Permit. The Planning Commission may consider the granting of additional exceptions to the standards set forth herein for single-unit dwellings with respect to vertical, inclined setbacks, and daylight plane requirements with a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. This section does not authorize any exceedence of the maximum height as set forth in Table 11.2.05.015: Development Standards for Residential Districts, or an exception to the exceptions set forth in Section 11.2.05.015.1.4: Exceptions to Main Building Envelope, above, by more than 25% of the established exception. In addition to the findings specified in that Chapter, the following findings must be met: i. The proposal when viewed in its entirety represents a superior design solution to that which would be possible if the project were built in full compliance with the required standards for the main building envelope, and will not cause a significant adverse impact on residences to the side, rear or directly across the street with respect to solar access, view blockage and privacy. ii. For Conditional Use Permits that allow exceptions to the main building envelope provisions, the proposal causes the least practicable impact on neighbors in terms of views, privacy, and solar access; and provides detailing, articulation, and other design treatments that mitigate any bulk created by the additional height. b. Administrative Use Permit for Reduced Rear Yard - RLD-9 District. The minimum rear yard setback set forth in Section 11.2.05.015.H: RLD-9 District - Minimum Rear Yards, may be reduced to 10 feet for single-story portions of single-unit dwellings in the RLD-9 District, subject to an Administrative Use Permit, provided that all of the following are met: i. The rear half of the lot still contains a usable yard area at least equal to the required minimum rear yard (determined by multiplying the minimum rear setback requirement with the actual width of the lot). See Figure 11.2.05.015.\.5: Exception to Rear Yard Setback - RLD-9 District. ii. The minimum rear yard dimension reduction will avoid or reduce an upper-story addition, and there will be no adverse impact on adjacent properties. CITY OF SEAL BEACH MUNICIPAL CODE 35 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts Figure 11.2.05.015.1.5 Exception to Rear Yard Setback - RLD-9 District . hIW ..... widl NdI.ad IIIIlIdc Ilat ..... .... to alwIed ... ex -Y) In DIdar4 rw ,.s. i i . I . I . I . I . I i . I . I I 4_____._____._.._.. I . _______________1 S&cmcfcmI RearYcmJ Required Reduction in RecrrY&mt Serbodt GtJowecf wIIh AdmIn.lszroIM! Ute PermIt . J. Building Height - RLD-9 and RMD-18 Districts. Subject to the building envelope requirements, building height in the RLD-9 District in Old Town and the RMD-18 Districts are: 1. RLD-9 District - Old Town. Maximum building height is 25 feet as 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. 2. structures is: RMD-18 District. The maximum building height for residential a. Lots Less than 37.5 Feet Wide: 25 feet b. Lots 37.5 Feet Wide or Greater: i. Front 1/2 of lot: 25 feet ii. Rear 1/2 of lot: 35 feet K. Maximum Height of Downslope Skirt Walls. On a downslope lot, the skirt wall which covers the unfinished understory of the home shall not be greater than 6 feet in height if lot slope is 40 percent or less; and 8 feet if lot slope exceeds . CITY OF SEAL BEACH MUNICIPAL CODE 36 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts 40 percent. The height of the skirt wall shall be measured from finished grade to the floor level of the lowest floor that is above ground. Greater height may be approved with an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, provided that the wall has an architectural treatment that minimizes the unattractive blank wall surface. Acceptable treatments include but are not limited to: a different but compatible surface material than the rest of the building; a minimum 5-foot projection from the floor above covered with a deck; a minimum 2-foot recess from the floor above; or covering the skirt wall with a trellis on which plant material grows. See Figure 11.2.05.015.K: Special Requirements for Downslope Lots. Figure 11.2.05.015.K Special Requirements for Downslope Lots Street :.: ".." ~":.::'.:.~':.:' :,: ~..:':::~~:.:::.';.::.:... :.: L. Projections. Projections are permitted subject to the following standards: 1. Projections Into Yards Architectural Features_ Architectural features, such as cornices, .eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 3 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. 2. Projections Into Yards - Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear CITY OF SEAL BEACH MUNICIPAL CODE 37 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts setback in any residential area. On corner lots, street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line. a. Low-level Wooden Decks. Low-level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD-9 District - Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of 5 feet over the rear yard. . 3. Projections above the Height Limit The following features may exceed the maximum height limit as specified: a. Elevator or stair towers, not exceeding 10 percent of the roof area, and no more than 10 feet above the level of the roof, in buildings with 3 or more residential units. b. Skylights, up to 1 foot above the level of the roof. c. Fire escapes, catwalks, and open railings required by law. 4. Projections - RLD-15 District. Refer to Section 11.2.05.010.G: RLD-15 District Development Standards, Table 11.2.05.015.G.1 through Table 11.2.05.015.G.3, for allowable projections in the RLD-15 District. . 5. Projections - RHD-20 District. For lots less than 50 feet in width in the RHD-20 District the projections allowed in subsections 1 through 3, above, may project not more than 2 feet into the required side yard; provided that the required interior side yard shall not be reduced to less than 2 feet in width. . CITY OF SEAL BEACH MUNICIPAL CODE 38 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts Figure 11.2.05.015.L Projections Into Required Yards - Residential Districts Intemall.Dt Comer Lot I.-.r.-----~- - OpenlCllrs,baIconles,declcs "'.---.---f-.--- Minimum up to 12 feet In Iqth may I Minimum r---~~~~..{-._.'r.-- _....,-, i =~,:6::,:~ ~_j___.r~ear~._._, ~..-:;':-' -..:. 6 ft--,. _...::__..~"_J::';I ' )'8I'd setback I L--":.~-'t.._...6l't ~"-~-". . "7"--:~-:l , ',. 3 ft '.. ..1 I : . . J ft. .... . .. . .... !. ':1 Archttectural features nuy I: . ,,; .$1 ! , I project up ID 3 feet InlD : . 1 , , req '-~ rd S--L.__I- I I . <I I I Uln:u rear)&. ~ I: ,', . :. i 'I : ,,:i j. 'I I !. .j " I I /1_ I ;.' .! I :: L-. I. " I ,. . I ! ! I _I] :., ! j' ']1 :ft!,. ":1 ......4-Minimum J ft!'-- I I ~ Comer I I I ! .-1 I SideYard 3: .1 I : -I -I' ft! ;! - Open 1l3Irs. balconies, ----r i.: .:'j 5 ft' , .1 I declcs and architectUral .:, .:n I ! ! I features nat allowed within ,r~ "~'1 I Iii I 3 feet from side lot line ! j ++'j Far I_ I I I I. 'I comer ~SD"eet side. I !. J I I !. . I I archltectU~1 features not I : ! I ' i '.' '1 J aHowed within 5 feet from I ! I. I__..~.._....__......._____:.J I I ! ~ r-:"'_w-~--_:"_:;''''''' , side lot line I' ., I 'I / I . 3 it .' I I t J ft " ,.---__tm"".}.m..J Open Il3Irs. balconies, declcs--;-t:t"_L--"-..f--' , i Minimum I ' and architectural featul'lll may I !'1lnlmum / ,-~~~._.___.___J ~':~':dut:t3.=c~r;:o L~~ard ______-/' M. Minimum Distance Between Buildings and Minimum Size of Courts - RMD and RHO Districts. In the RMD and RHD districts, courts within or between buildings that have parking, front doors to units, or primary living room windows shall have a minimum dimension of 20 feet. N. Building Entrance. The principal entryway of each residential building shall incorporate a projection, recess, or combination of projection and recess of at least 20 square feet, with a minimum depth of 4 feet. O. Fa~ade Articulation - Lots Greater than 25 Feet in Width. In the RLD, RMD and RHD districts, all street-facing facades on lots greater than 25 feet in width shall have at least 1 horizontal or vertical projection or recess at least 4 feet in depth, or 2 projections or recesses at least 2.5 feet in depth, for every 25 linear feet of wall. The articulated elements shall occupy at least 50 percent of the height of the structure, and may be grouped rather then evenly spaced in 25-foot modules. Refer to Figure 11.2.05.015.0: Fagade Articulation - Lots Greater than 25 Feet in Width. CITY OF SEAL BEACH MUNICIPAL CODE 39 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts . Figure 11.2.05.015.0 Fayade Articulation - Lots Greater than 25 Feet in Width ...tft ~ .I. II II ./~ l 25ft 25ft Street-facing facades shall have at least one projection or recess at least 4 feet in depth, or two projections or recesses at least 2.5 feet in depth, for every 25 linear feet of wall. P. Windows and Trim. All street-facing windows shall have articulation at least 2 inches in depth that creates architectural interest and shadow, achieved either with the window recess, trim, or an alternative design that meets this objective . as determined by the Director. Q. Porches. Front porches may extend into the front setback up to 6 feet if all of the following standards are met. 1. The porch is open on 2 or more sides. 2. The porch enclosure, including roof, parapets, and railings, does not exceed 14 feet in height. 3. The porch does not exceed 50% of the front building width measured at the front fayade. Greater width may be approved pursuant to an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. 4. Stairs leading up to a porch, which are less than 2 feet above grade, may project an additional 4 feet into the required front yard setback. See Figure 11.2.05.015.Q: Front Porch Projections. . CITY OF SEAL BEACH MUNICIPAL CODE 40 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TlONS Chapter 2.05: Residential Districts Figure 11.2.05.015.Q Front Porch Projections FI'tJfIt ~ SraiJs to pon:h 1/2facedlt wldIh Facedlt wldIh Requited lhlnt ~ secb8c1c 6 . maJdmum prqjecrian . .cfdtaUl' stair prqjec:tbn R. Additional Front Setback Above 14 Feet. Any portion of the building above 14 feet that exceeds 70% of the maximum front building elevation shall be stepped back from the front setback line a distance of at least 8% of the lot depth, up to 12 feet. See Figure 11.2.05.015.R: Front Stepback Above 14 Feet. Figure 11.2.05.015.R Front Stepback Above 14 Feet CITY OF SEAL BEACH MUNICIPAL CODE 41 TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . S. Additional Side Setback or Stepback Above 14 Feet. 1. Lots Less than 37.5 Feet Wide. A side wall of a building above 14 feet in height less than 5 feet from an interior side lot line may not extend in an unbroken plane for more than 40 linear feet along the interior side lot line. A perpendicular wall articulation in the wall plane of not less than 4 feet, for a distance of 10 feet, is required. Such wall plane perpendicular wall articulation is required on one side of the structure. See Figure 11.2.05.015.S.1: Required Side Wall Articulation Above 14 Feet- Lots Less than 37.5 Feet Wide. Figure 11.2.05.015.S.1 Required Side Wall Articulation Above 14 Feet- Lots Less than 37.5 Feet Wide . R.qulred Sid. Wan ......culat.... 2. Lots 37.5 Feet Wide or Wider. Any portion of the side elevation of a building above 14 feet that exceeds 60% of the maximum side building elevation shall be stepped back from the side setback line a distance of 1 foot for every 2.5 feet of building height above 14 feet, up to 21 feet of building height. See Figure 11.2.05.015.8.2: Side Stepback Above 14 Feet - Lots 37.5 Feet Wide or Wider. . CITY OF SEAL BEACH MUNICIPAL CODE 42 . . . TITLE 11 - ZONING PART 11: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts Figure 11.2.05.015.S.2 Side Stepback Above 14 Feet - Lots 37.5 Feet Wide or Wider Additional side llCep. bide abolle t<l,... T. Design of Building Additions. Design elements used in additions to existing buildings, including but not limited to exterior materials, windows, railings, porches, and decorative elements, shall not be designed in a manner which is substantially and obviously incompatible with the design elements of the existing building. The Director shall make determinations of design compatibility. See Figure 11.2.05.015.T: Design of Building Additions. CITY OF SEAL BEACH MUNICIPAL CODE 43 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . Figure 11.2.05.015.T Design of Building Additions DES,a.i\I,LI! IiLEYATION BMflitW .doI... If ........._ hiI. I'" ..,.. ., ... ...1loI~ .....d... 1,;l\'"mSUlAUU t;LEv.'\'tJON f1.Jt....tIwd ~......~ ..- wiIh IIw ftWiftc """11I_ Sll!pped IluIdIng E.IemenIB. HoItzIlnIaI Design FeelIIa, ... SmIIIer ArthIl8c:tnl 00mp0I1eIlIa EncounlgecI r::; . InfII ResIdence I Encouraged D1!S(MWlU sift NAN UNDUUABLt srn. "'AS . ~ErJ EncOUl'l(leCf Disc:ounIGed InfID ResIdence I Discouraged . CITY OF SEAL BEACH MUNICIPAL CODE 44 . . . TITLE 11 - ZONING PART 1/: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts U. Curb Cuts and Driveways - RLD-9 District. For lots less than 15,000 square feet a maximum of 1 curb cut for a driveway entrance to parking is permitted, except that for single-unit homes on lots with at least 80 feet of street frontage, 2 curb-cuts for circular driveways are permitted. The edge of the circular driveway nearest the public roadway shall not be located within the required front setback. Exceptions may be approved with a Conditional Use Permit, pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.U: Limits on Multiple Curb Cuts, Driveways, and Front Yard Paving - RLD-9 District. Figure 11.2.05.015.U Limits on Multiple Curb Cuts, Driveways, and Front Yard Paving - RLD-9 District r"""".~ .-...-. -" .1lIiW...._. ....-.-.-.- .1_.._..........1_.. -.---., . t · . i I ! r i : i i i . t · i ! l ! I , ! . ! i ! i J i t i t , i i i i i j r I 2t DI' 21 fool MIlt! I .,....... ! . . I i "'* ~......., { i ~ r I f I ...."... dtlviwif .. V. Maximum Driveway Width - RLD-9 District. In a street-facing yard, the maximum width of a driveway leading to parking facilities is 18 feet. This does not apply to the size of the associated curb cut on public or private streets. See Figure. 11.2.05.015.v: Limits on Curb Cuts, Driveways, and Front Yard Paving - RLD-9 District. CITY OF SEAL BEACH MUNICIPAL CODE 45 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts . Figure 11.2.05.015.V Limits on Curb Cuts, Driveways, and Front Yard Paving - RLD-9 District r---...------------- I , I I I , I Maximum width of driveway 18 ft "':.'. .', I .:'.~:4..;.:..: F.:: n t ~':'~',r ~> : L___ -- .{,t: .',-' . ;:~:1~'::' . ..: Maximum of 50% of front yard area may be paved Street Maximum of one curb cut . W. Limitations on Parking and Garage Frontage. The following standards apply to parking and garage frontage. 1. ,Detached Garages. Detached garages are subject to the standards set forth in Table 11.2.05.015.W: Detached Garage Standards. .' ..' - ,. .' " ~.. TAB'LE 11.2.05.cH 5. W ,.-.',: . }~ , .: .. .. ~ ,'.. .. ~ . ' . " .. ..-:{ .. : " '-}' 0" '. ,. .. " " '. S:TANDAROS ..;. - ; , ~!~~~ . . DETACHED GARAGE .' .- .., ' .. f.... '",' .., ~ . ..1.... . .~ . ~ .': j : . 'I.... ... . .' ,', ':'MaxlmfJm .' . Lot ,::::.\, .'. : t~~..: :':~~..:- : : . > ~ .: '~....,: '. "zr.. ". :". ,. " .. .' ,. '" ", District.:, H.i~~~ (~~. COVerage ;..' " Loc~tio,,::<: . .' . , .- '" ~':.\:' ~\:. , ,(sci~ ft.) . ::' "', " . ..:->-: . ,. .' . ( .~ " '. . .' '.' .' , , RLD 15 600 Rear one-half of lot. Detached garages for one or two unit RMD 15 500 projects may be on front one-half RHD 15 of lot with approval of an -- Administrative Use Permit. Garages for more than 3 vehicles require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. . CITY OF SEAL BEACH MUNICIPAL CODE 46 . . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts 2. Maximum Width of Garages and Carports. Garages and carports within 30 feet of a front or street-facing side lot line shall be no more than 20 feet in width. In addition, all attached garages and carports located within 30 feet of a front or street-facing side lot line shall not exceed 50 percent of the width of the residential faoade. Exceptions may be allowed by Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.W.2: Residential Districts - Limitations on Garage Frontage. Figure 11.2.05.015.W.2 Residential Districts - Limitations on Garage Frontage r-----------------I 1 , . I I , , I 1 , , 1 I . . I 1 , , 1 1 , , I ! '. '. GQraili:~~: ' i 1 .' . , , .., .. 1 I . . , i rXl2j ! ',' ~ x = facade length I ..-..---..-----..-..-, No more dlan 50 percent of facade length may be devoted to garage 3. Additional Offset for Garage Facing Street. If a garage is located on the front half of a lot and faces the street, the garage walls and doors must be offset at least 5 feet from the face of the main residence. See Figure 11.2.05.015.W.3: Additional Offset for Gara~e Facing Street. CITY OF SEAL BEACH MUNICIPAL CODE 47 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts . Figure 11.2.05.015.W.3 Additional Offset for Garage Facing Street 6' addldonaf s<<bedc for "arage Bulding facede . equited seeb8dc 4. Required Garage, Carport, or Uncovered Parking Location to the Side or Rear of a Residence in Certain Cases. Garages, carports, or any uncovered parking spaces shall be located to the rear or side of any principal residential structure, and at least 30 feet from the front lot line, if at least 60 percent of the buildings in the immediate context have garages, carports and uncovered parking located at a depth of at least 30 feet from the front lot line. The immediate context shall consist of the 5 closest lots on each side of the project site plus the 10 closest lots on the opposite side of the street. 5. Required Garage Exception - RLD-9 District. The number of garage parking spaces required pursuant to Table 11.4.20.015.A.1: Required Parking, for single-unit dwellings in the RLD-9 District shall be reduced by one space for single-unit dwellings of 6 bedrooms or more if the driveway provides a clear area of 18 feet by 18 feet in front of a garage equipped with a roll-up door to accommodate vehicles parked off the street. . CITY OF SEAL BEACH MUNICIPAL CODE 48 . . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts 6. Location of Parking for Multi-Unit Dwellings. For projects with 3 or more residential units, no open parking or structured parking more than 4 feet above grade shall be located within 30 feet of a front or corner side property line. Exceptions may be approved with a Conditional Use Permit pursuant to Chapter 11.S.20: Development Permits. See Figure 11.2.0S.01S.W.6: Location of Parking for Multi-Unit Dwellings. Figure 11.2.0S.01S.W.6 Location of Parking for Multi-Unit Dwellings rr-':~'l' .'=z.r' ..:;i;._j' ==--1~~~~'=11 I, '" ,! "I ri i:, ;'1 Parlting in ReGrYan! j,j "i i-l '1,.1 i ~ '" r---.---------..----~--...-_,...,......_.._'* I i:1 I.: ".,;:,':..:-:-::\::,\:::.',: ~(:.:>...t-: ::.:.i.>:::;, ,.: j. . .I i'l i: :j {I I . Multlfomily Struaure :: \j r:i !:' '.:,1 ,'! 1.- ,,",1 I-I :' .,," '.I i I : ' .... .1 ',1 ~ --~_~'\J .:_~ >::::.; :,;,:j No parkI"IlI ~7:'~-:: or corner side ~ropert)O line. Exceptions .,., be lIpIl_ wIdI a use pennlt ~Z~~!fr;'i:~~~~,:~)~~;;l~ . '. 1,., ,3.::: ! I ,'::: ; Parkin, at gnJde in !",' . .: the rear partion or i, , the fI'lIund floor ' I ~ ~ I~f ~ :: 1)1 ,", 1'1 [" 1"1 ~! U r> .___..._ Ij i',~ -,n,' i.i '",' !:,,' IJlbby or fI'lIlInd floor unit . ':,:':,:: ,'" !., 1-' ''-',1 ! I 'I" ': - . .,,- :: ;:;,~ ,: " .,.,;;! I;j . ,. . . .. '.'" ." . J : 1 !<~J::':: {: '~,::: ):..::~: '::_~(-<~\::,?; , 1-- ! j ) \- " ';~~,~/::_: ';":~'.~ ::::~~~. .~" ~;:> .:~,: ::';;":"l:'~' ,.. '~:'-::':' ",,:,\,~,;, : l"- ~y .: ': :......::. 'l~ " ~. : ~ .,~;~:) ..,,'" .: .,,' " . ., r----------- i ! . Entry or r(~.'..: ! LivIng space .. ,)': ! "i!t~,'0f~\ No pu1cIna Is ~~= or comer lide _line. Excepdons .,., be oppraved wi'" . use pennIl ; :.:'~ : , ' Jt' \ ~ .. 0- ',,' oj, '~'lr" : 0, _~__._.._..___.... I, " 1 ;. Entry or i _ Livln, Space ! ! Parlcin, partially unde'fl'llUnd 4~ : ' i":'~~ ..'~ - , '~'''~~l c> , .' -I' ....'\; o ..:. ~ '- I 0.' \.. CITY OF SEAL BEACH MUNICIPAL CODE 49 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TlONS Chapter 2. 05: Residential Districts . X. Minimum Permeable Surface - Maximum Paving in Street Facing Yards. A minimum of 60 percent of the required street facing yards shall have a permeable surface that permits water absorption directly into the soil. No more than 50 percent of the required front or corner side yard may be covered with a paved surface. Y. Minimum Site Area Devoted to Landscaping. In all residential districts except the RLD-9 District and the RHD-20 District no less than 15 percent of any site shall be devoted to landscaping. With the exception of areas for entry and exit, all required front and street side setbacks shall be landscaped and such areas shall be credited to the required landscaping. A minimum of 25 percent of any lot in the RLD-9 District shall be devoted to landscaping. Also refer to Section 11.2.05.015.AA: Open Space Requirements for applicable open space requirements in the RLD-9 and RHD-20 Districts. Z. Required Planting on Downslope Lots. On all downslope lots with a ground slope greater than 10 percent, a minimum of 3 trees and 3 shrubs shall be planted in the yard adjoining the downslope wall. Trees shall be of a species that is not highly flammable, and that does not have low branches close to the ground that could pose a fire hazard. Shrubs shall be located away from the base of the wall and tree trunks to minimize fire danger. See Figure 11.2.05.015.K: Special . Requirements for Downslope Lots. AA. Open Space Requirements. 1. RLD-9 District - Single-Unit Residences. A minimum of 800 square feet of outdoor usable open space shall be permanently maintained. 2. RHD-20 District - Single-Unit Residences. A minimum of 225 square feet of outdoor usable open space shall be permanently maintained. 3. Open Space Standards. Usable open space permanently maintained shall conform to the following standards: a. Usability. A surface shall be provided which inhibits dust and allows convenient use for outdoor activities. Such surface shall be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable surface. Slope shall not exceed 10 percent. Areas devoted to off-street parking or loading facilities, including access ways and service areas, shall not be considered usable open space. b. Location. The space may be located anywhere on the lot, excluding the roof of the building, garage or carport, and may not be located within a required street setback, and provided the Director shall have determined . CITY OF SEAL BEACH MUNICIPAL CODE 50 . . TITLE 11 - ZONING PART ,,: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts that such space is so designed and located as to be fully usable by the residents of the single-unit residence. i. Exception for RHD-20 Lots less than 37.5 Feet Wide. At least 40 percent (90 square feet) must be provided on ground level. Remaining area may be provided in any combination of second floor decks or balconies having a minimum dimension of 5 feet. c. Shape. An open space area shall only be counted toward meeting the common open space requirements, if it is possible to inscribe a rectangle within such area that has no side less than 15 feet in dimension. Common open space provided in excess of the amount required shall not be limited by this shape requirement. i. Exception for RHD-20 Lots less than 37.5 Feet Wide. A ground level open space area shall only be counted toward meeting the common open space requirements if it is possible to Inscribe a rectangle within such area that has no side less than 8 feet in dimension, including a required side yard. d. Openness. There shall be no obstructions above the space except for devices to enhance the usability of the space. i. Exception for RHD-20 Lots less than 37.5 Feet Wide. No more than 33 percent of a ground level open space area may be covered. 4. Multi-Unit Residences. See Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards. BB. Pedestrian Walkways. Where more than 4 units are provided on a lot, a walkway which is distinct, separate, and physically protected from any adjacent driveway or parking area, shall be required to provide access from the public right of way to the dwelling units. CC. Development Standards for 2-Story Cabanas/Manufactured Homes. 1. Purpose and Intent. In order to ensure the compatibility and safety of 2-story cabanas or a 2-story manufactured home within a mobile home park or trailer park, the following development standards and procedures are established. 2. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required to establish a 2- story cabana or a 2-story manufactured home. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code . shall be made by the Building Official. CITY OF SEAL BEACH MUNICIPAL CODE 51 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2.05: Residential Districts . 3. Size Limitation - 2-Story Cabana. The size of a 2-story cabana, including any existing or proposed single-story cabanas, shall be less than the size of the mobile home or travel trailer located on the trailer space. 4. Height Limits. a. The maximum permitted building height shall not exceed two stories or 25 feet in overall height. b. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. 5. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. 6. Safety Requirements. a. Sprinkler System. A life safety sprinkler system shall be installed throughout the trailer and cabana or the 2-story manufactured home in accordance with the requirements set forth in the California Building Code, Section 1004.2.3.2, as locally amended by City of Seal Beach Ordinance No. 1488, Section 5-30.12, Exception 7, as may be amended. b. Fire-Rated Construction. The exterior of the cabana shall be constructed of stucco, or 1 hour fire-rated material shall be installed . under wood siding. c. Title 25 Compliance - Setbacks. The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas and 2-story manufactured homes. DD. Roof Decks. Roof Decks are allowed in the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential Districts. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the main building envelope and height limit provisions of Table 11.2.05.015.1: Determination of Daylight Planes - RLD-9, RMD- 18, and RHD-20 Districts, and Section 11.2.05.015.J: Building"Height- RLD-9 and RMD-18 Districts. The provisions of Section 11.2.05.015.1.4: Exceptions to Main Building Envelope, are not applicable to roof decks. EE. Elevator Shaft Structures. Elevator shaft structures are permitted subject to the following standards: 1. Permit Requirement Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required to construct an elevator shaft structure above the permitted height limit of the base zoning district. . CITY OF SEAL BEACH MUNICIPAL CODE 52 . . . TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts . 2. Location Standards. Elevator shaft structures not incorporated into the allowable habitable area of a residence shall be located on the rear half of the lot. 3. Size and Orientation Standards. Elevator shaft structures shall comply with the following size and orientation standards: a. RLD-9 District. Elevator shaft structures and a covered landing area shall not exceed 40 square feet in total area and shall be oriented to open to not face an adjoining property along an interior side or street side property line. b. RHD-20 District. Elevator shaft structures and a covered landing area shall not exceed 40 square feet in total area and shall be oriented to open to not face an adjoining property along an interior side or street side property line. FF. Old Ranch Towne Center Development Plan Overlay. There is established in the Residential Medium Density (RMD) Zone the Old Ranch Towne Center Development Plan Overlay. All development designated as "Development Area D", as revised by the City Council, in the Bixby Old Ranch Towne Center Development Plan approved on November 23, 1998 shall be in conformance with, and limited to, the plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the RLD-9 and OSIPR District. 111.2.05.020 Review of Plans. All development is subject to development review under the City's administrative provisions, found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 53 TITLE 11 - ZONING PART II: BASE DISTRICT REGULA TIONS Chapter 2. 05: Residential Districts . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 54 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10 - Commercial and Mixed Use Districts . Chapter 11.2.10 Commercial and Mixed-Use Districts Sections: 111.2.10.005 111.2.10.010 111.2.10.015 111.2.10.020 111.2.10.005 Applicability Land Use Regulations Development Regulations Review of Plans Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: LC-RMD: Limited Commercial/ Residential Medium Density Zone. To allow limited commercial and office uses in conjunction with residential uses. . po: Professional Office. To allow office, medical and related uses that may also serve as a buffer area between residential areas and more intensive commercial areas. MSSP: Main Street Specific Plan. To allow visitor-serving and resident- serving office, retail, restaurant, and personal service uses with upper floors devoted to office uses along Main Street. SC: Service Commercial. To allow neighborhood-serving commercial areas that provides retail, restaurant, and personal service uses. GC: General Commercial. To allow sub-regional and regional centers of commercial activity and may include both pedestrian- and auto-oriented development. Other typical uses are auto service stations, auto repair, and sales. 111.2.10.010 Land Use Regulations. Table 11.2.10.010: Use Regulations - Commercial and Mixed-Use Districts prescribes the land use regulations for commercial and mixed-use districts. The regulations for each district are established by letter designations as follows: . CITY OF SEAL BEACH MUNICIPAL CODE 55 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2. 10- Commercial and Mixed Use Districts "P" - Uses permitted as-of-right that require no discretionary review if in . compliance with all standards. "L" - Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.10.010: Use Regulations - Commercial and Mixed-Use Districts. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. "C" - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. "--" - Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, that are located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in Table 11.2.10.010: Use Regulations _ Commercial and Mixed-Use Districts are prohibited. . CITY OF SEAL BEACH MUNICIPAL CODE 56 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . ....:.<.? '~ ;?::\~':,::. . ; . ..' ., ",.' .:. :." ',- ,.;- . . , . " '." ...-. .~ -. . :..' LclR~D~ >~'. :PO: iw$~~ , .. 'I'" r" , .~ ,,' . . '" Residential"use'Types ~ : .:-:::.'::':'~i';(.:(.'-:",,<,::.:....: .. .. . . .' ..,' I . . '. . '. '.', :1:- ",: '..:~I:l:t.:,,: .' ." ,', : ' Single Unit Residential p . Second Unit Two-Unit Residential (Duplex) Multiple Unit Residential Family Day Care Small Family Large Family Group Housing Senior Citizen Housing C C p p p C .. " . '. . '. . L-1 L-1 L-1 C . . . Public., Semi-Public, and Service Use Types r' ,,", .' ..' '. ; . Clubs and Lodges C C Community Center C C Community Social C C Service Facilities Cultural Institutions C C Day Care Center C C Government Offices A A Hospitals and Clinics Hospitals C Clinics C . C C C C A C C . ". .. :~:: ":'.: ":y:::: :::::~,~i::::;::,'.' .::' ':1:::' ....:::::.:: ::;:: ::.: j~(; . '~'~,~".':"-:.,.i.::.; .'.:;.' .: . .' :.: See Section 11.2.10.015 and Section 11.4.05.060 C See Section 11.4.05.045 C .' . "; .' C C See Section 11.4.05.080 C C C C C C See Section 11.4.05.080 C C See Section 11.4.05.045 A A C C C C CITY OF SEAL BEACH MUNICIPAL CODE 57 TITLE 11.- ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10 - Commercial and Mixed Use Districts . ""\:.~ : ",', "II.., "f " '. '- ': :',,:'... :':~:jl:?i"':, .:,'.::~ " ... P P P P P C C C C C See Chapter 11.4.20 A A A A A C C C C C See Section 11.4.05.105 C C C C C C C C C C . C C C C C Schools, Private C C C C C See Section 11.4.05.080 ,:~~rillne~cial; Us~ Types .' . i .... . Iv. r. .' ". , , Adult Business P See Chapter Establishments 11.4.50 Animal Sales and A A A Services Kennel C C Artists' Studios P P P P P CITY OF SEAL BEACH MUNICIPAL CODE 58 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10 - Commercial and Mixed Use Districts . ".'! . . . C~m~~tc~al'lJse Types (Co.~tinue'd) ....... ...: :(::::'::> ~ . . .. 'v.1 .' " , . I, :'1.' :. ", .' . . - . .. . -, ... : ".... .J. ',," " " . ,:.,' ..... ... '." . - .... AutomobileNehicle Sales and Services Automobile Rentals A A AutomobileNehicle p Sales and Leasing AutomobileNehicle See Section Service and Repair, C C Major 11.4.05.040 Automobile Service StationsNehicle C C See Section Service and Repair, 11.4.05.035 Minor . Automobile A A Washing Large Vehicle A Sales, Services and Rental Bakery L-4 L-4 L-4 L-4 Banks and Other p p p p Financial Institutions With Drive- Through C C C C See Section Facilities 11.4.05.050 Automated Teller A A A A See Section Machines (A TMs) 11.4.05.030 Building Materials and p Services Business Services P P L-2, L-3 P P Commercial Recreation Large-scale C C Small-scale A A . CITY OF SEAL BEACH MUNICIPAL CODE 59 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2. 10- Commercial and Mixed Use Districts .. ." ._~ -'".. ~:,:.-"...:",,~ '.':;iJ'~. ~_;r;:~l::;"?,t.. :-,.::.:.~" .:.';.,~,,,,, ".~:,.,.",:~,."1.', .. '" ,'" '''':~fi~' .~BfE';:~~' . :o.'01-0;{({Coifiinu~1~}:\>j~'~ '.". \.:~H ,~.:.f-::iJ':':t'..... :....{ . 'q.;. :.t.~.: ;~;.r-~:~;::$~: .~:-;.;:;..t~c::;~~:v:' .:~; ,..: -" '''''f'''',~_';':::. . ':'",':'~~",,",""', >. ,'1..~""" ". ".,'>-,' "~"';'t,.,,..,,,iii. >:~~.;, .:~9~~;;i~t:,:eL;;"1t~~E~~F~~~~.~~:~!~::". ~~I~~', .: '~.~>..~ .. .' '..". ....:.;'. ""~:~::;:::;: ;"" L.ClRMD.:'. pd"'" :~';'MS~P::,;::"'i' .s~.. "'. G~." :.'. Additio~a/..:,::; ..:......,..::...... ....:. '.< .. ':':'~....:.~':':"" ;'. :.... -:.'. ~ ....... .".' .' "'. :.,',: ..Regulations.: . P e e See Section 11.4.05.015 P P P See Section 11.4.05.015 e e e See Section 11.4.05.070 P See Sections P 11.4.05.090 and 11.4.05.140 '. .. ~ .... '.Commercial Use'Types (Oontinuedj....,... , I ~. . . ' ., . ' . . . '.,' I .. . .. Eating and Drinking Establishments Bars Coffee Housel Dessert Shop Restaurants, Fast Food Restaurants, Full Service Restaurants, Limited Service Restaurants, Take Out Only With Drive- Through Facilities With Outdoor Eating Areas Extended Hour Business Food and Beverage Sales Catering Services Convenience Market General Market .. . '~:. . l' . . . .'~..'" e e P; L-5; P L-6 e P, e P, e P P P A e A,e A,e e e e Liquor Stores Funeral Parlors and Mortuaries Home Improvement Sal~s and Services CITY OF SEAL BEACH MUNICIPAL CODE 60 HI:' , p,e A,e . . .. i e P e See Section 11.4.05.050 See Section 11.4.05.015 See Section 11.4.05.015 P A . e See Section 11.4.05.050 See Section 11.4.05.090 See Section 11.4.05.055 e . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . . 1.1~;;')"';1"''''_'''' """".~,.<;=";:-,;,,,;;~,,:: ,:~;.'., '.",.,., '. '. .~.l>.. ..... <<".~...." "'-~""TABl1E "010 0"" u .., ~ ,," ..' . ...... '. .. .--~ 'J;~: 'l~;~~,::i;}:~:~t~i~~:~.:.,~,<:~)): ):"~::~f':~;,~~~~i.~' .~~ ::;~.f.~:,~.,;~~ti~:: '~/!~1~;t' .... :~f::fi~' . 'S. '" Q ~.O:N~,~~;":.:COM",eR,Cr . ' .: .Q::llYIlXE;P~~.$. Sl'R" "n.: :/:!::: . ,,~ . v.t,,, "......0:.. ~.< ..~. 'c ........ . n.' -'.' . J:;, " ....u~.._<.,J. !,:-,. :t.'. :r:.. 'c'... ,.. .. .~.~ . ,~..... it. .3., ".."....~... "..,. '.-'" .,., . . ..~" '"1'i''~'''''''''-",,'~1;.''' ii-.. "' """""-, ~".., ..!;:i .,..., ,.. ~.. ..v~ _ ,. ,...._.. . ............ .,.... , .,., .. ......F"......-' ..._... ...... .. . . ., . ..... .....,,, .' ,. t- o. "1'.' , ", :. . ':::.: .' :. ,{'. : . .: . ",: . v' :~. .' . .'. '. '.: '. .'" ..... : .': ...,:::':"'::'>:"~':':'.:':;.i':~ 1 'LC/RMD "'>"';"F'ii:":"'" MSSp::' 'SC.,:,,,,"" GC' " Additional' , '.' .}:...."...' . ..../~..~...:.. '.' ':.'. ", -}2 ;';':.,'" "', :....',.. .' '.':'.::, .... .'. '. .:..,. ~:';I~~' _.....::.::.-i:.:... '~.'.' 8.'9ulatio';$. ,:' . ",' .,' I '. . '.. : Comm~rcial ~s~ :Type.s'( continued)". , ,',:'l' ,. . : .... ' . .. . . .. . . ' .' . .~.r .... . .~. ^. .,lC v. ... : Hotels and Motels -- - - - C Kiosks - - -- A A See Section 11.4.05.065 Laboratories - P L-2, L-3 P P Maintenance and P P P P P Repair Services Offices, Business and P P L-2, L-3 P P Professional Walk-in Clientele P P L-2, L-3 P P Offices, Medical and P P L-2, L-3 P P Dental Parking Facilities, C C See Chapter Commercial - - -- 11.4.20 Personal Improvement P P L-2 P P Services Personal Services P P P P P Retail Sales P P P P P See Section 11.4.05.090 Large Format p P See Section -- - - 11.4.05.140 Tattoo Establishments C See Chapter -- - -- - 11.4.65 Theaters -- - C -- C Light ",,~'~ufacturing. (J.se,Types'..:.,...::. , " .1 . . . ~. . ....,'..,..:.. ....: "I.'. .' 1 . , Contractors' Yards -- - -- - -- Handicraft/Custom p p P P P Manufacturing Industry, Limited - -- - -- -- Indl;Jstry, General -- - - - -- . CITY OF SEAL BEACH MUNICIPAL CODE 61 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts "....., '.:"'.. . ;.II...:..I.!...... . I ..', '!):""'I"l n'-' ,...."., :.,'::....:' ........: :.' :..'..:..... LClRMD' ....:.:PO...... MS$p...., Sc .;' ::l:},,' ,". I. ~:.'.;:. .. . . . ..' .. , . . ~. .:'~'. '. ..... ' . ',' , !~. "" I.. ; ," '. .ti~.~t1vll~nu:f8ctuti~i~':.b'~.Ei :fypes .( Co~.t!i.iued): , . . . . Warehousing and Storage Indoor Commercial Storage Outdoor Storage Personal Storage :. . I . . ". . 'l lv . v .~ .'. . . ",1, .' .... ': . rra~spoi1a~,!n~ Communic~tiQ:~~. and .Utili~y Use Types: . " - . '. !".' Wireless Communication Facilities Antennae and Transmission Towers Facilities Within Buildings P,A,C P,A, C P,A, C P,A,C P,A,C P,A, C P,A, C P,A,C Recycling Facilities Recycling Collection Point Recycling Processing Facility Reverse Vending Machines Utilities, Major Hazardous Waste Facility Utilities, Minor P P P P P P CITY OF SEAL BEACH MUNICIPAL CODE 62 P,A, C P,A, C C C C P P P C P . . .: ,;.. '.' ~,,;:!!;:""~,~"':'" .-'.' ,. '.. .. . . . '," . ,.";/.:':';':"",1:: '. . .: II See Chapter 11.4.70 . See Section 11.4.10.025 See Chapter 11.4.60 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts . '. J: .t1;/\4~~B:: :'i-~~j~~~r'l'7:~V':~11::0"-:>(~~~~"r;'; , ,.:.:".:..;' ;;!:c!: .'!,; ," :~'~~~!' . ~:..~ 11, ~.., . ~Y...' ~~'!1,t,!nue .....~ "'.' .. , '~"";"'w. '~'''''~'*WM "''''"Jil.. ,I .~~. ,,~, 'U: ':. ~'N;~:'S..?l:~'!:'~~Y':'QUj M,::i:'M"', ...."I'.A~--::~~:N~~:a.:: , ,~~. ': ". ; .'.:: j.Jh.~:' . '" . . : ,::':""'. ~ '. ". ..-' ,:. ~~ '~:"iIWIL 'M' ,r:' "".', "..,J$~J... ~':', ,,~,~~ ~:~ ::~':j' .::.:,,~:?J.;hr~:'::1J:;: . ,::~t'.5.~ :"'~!t;~~.:' :......~~~;~:;.F.~:..~' ~;tI't.'.:~~tN~.;~~~~ :., ...:. >./ ~'...: ..... :,,'. .'.~~ ': LclRMr/:.....PO::... ,<~~~~ ; '.' ~~'. '.. ....GC :-.>-:' :.Additional'. .'~ ::. . '. .' ..... . ~~. ..:..' .:.:'.: '.:.:..... . . . I". .'..' :'." ",::-' .:,. '.::' : .'. :..:.::. "'. ''':':. '. '" ...:,:.. : ~:" .":- :'; R.guiati~ns'. : . ." .: ':' ".:. .~.. "" '.. .'. , . " :'. ....: .:,', ,:':!. I ,.:'::I,r"j ',j:I."1 i, ".. . . ". ..: "JI.',.. ..:' . Agric'.J:ltlJ're'Use:.Types"': :. . ',,:.,'. .,,' ',,;:,:,.;.:.: :~,,,,,,:,,,:,::"":::'.. .::. . .::' ':";'<:'.'" . . ......: ,,' .: '. ..:,;. '.:' .' :.:.:':".1::.,:',:::, '::" "." :.J:.;".... \~:;...; I~'::":::': '1 Nurseries P P P 'ether':Appi.iC~bl~.US~'~egu~~tioris'''.. ~::.':.'>~::):;;:;~:..':::.:;~~;>,>,: . ~ '~:." .': "~'>:::. .>:..:. :....:".... . .' ';::': ...~ . '. ' . . '. ......: . ',..' .' '. . , . ....:1... .1', ',:. '1'.. : .. .:' .', : See Section 11.4.05.010: Accessory Business Uses and Activities See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: L-1 Nonconforming Uses, Structures, and Lots L-2 Not allowed on the ground floor along Main Street without a Conditional Use Permit; allowed on side streets as a permitted use If on the ground floor along Main Street permitted if an existing use; new L-3 uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots L-4 Bakery production sold at retail on premise L-5 Permitted use if less than 1,000 square feet and less than 10 seats Administrative Use Permit required if 1,000 square feet or more and 10 seats or L-6 more .. ,"' " ~.. . .. . . ...... .. . '. . ., . Accessory Use Nonconforming Use . 111.2.10.015 Development Standards. Table 11.2.10.015: Development Standards - Commercial and Mixed- Use Districts prescribes the development standards for the commercial and mixed use districts. The "Additional Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this Zoning Code. . CITY OF SEAL BEACH MUNICIPAL CODE 63 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts ~ :I~' " 'c.;f." l<1> . .,.. .., ,_.. " -. -. """"-.' ....~.. '.." _.' ...;. "'il.: "r'"' .,., ':Ji'~..;f;ff~jAatE;~~:j;~a:oJoi5.:;;~'.\';~'t~~~, .. '\<. .:)~:!::\~' -- ;.:.st :~,,' .; .': ::l< ,.' t:,1:~,j~:;'b~~.:\ ~.,:;;.;:';~:-... :,,/. ~:':-<~;~:~::;:".: ~:r ....::'..~ ,"~"... ::l~.~' < )fDl~E~ . .'MENr;;,..~..~,t.~. '"'~"'>RDS.'~i.:~ .... ~~I; :;~~,:i:":':!~.. '::.?=: ::'i~:.:.' :.~.. fffi%:}:,;:!('i;::;i:; ;.~~'J .,~.~,;~;::,\..,...: : ,:':'i''if. 4f: :~OijNII;~~IAWiAN$);:.1J ...; . . ~.' ;$E~:PJ$'f;R('" .:.': :'!~J '':. .,' ....:..::... RliJiR1;~;il: ~.:,;:~,.._...:~:.,:,-: ";'\'~:'"<""":::1\.:'~',fif.""t;;,.,......,~~.., ,,: .";'.. ...~,...;.. ;, .' . . . . 0(;.:",. ,: .' .: -.: LaRAfD: .:. . ..'~O -":', ' MS~:P.." . "SC.::>:> :, G~" ~~~itio!,ar.'.: . ": ..'.'. ..,' .'~ .' . . '. ',j . : ,'. .'. ":. o~ . ."::...:'. . .'~' ::,:1 :.: .c: ': .;'... R"gulations.i .'Lot Si~.a.nd D~n~ity. :.. .,:. .'. '. '.: ,,<<':>r:~...'.::" .,:.:::,.::::-:.\:/.:;.:..:......! .':;..:r.".....:...... ..... '. ~...:..:..l"..,.).f ':: . ,,"., ."r'.I:11 ',1 '. " "''', . .......,. " "I. Minimum Lot Size (sq. ft.) Maximum Floor Area Ratio Maximum Residential Density - lot area per unit (sq. ft.) Base Density Density for Mixed Use Development . ..':.( 2,500 7,000 2,750 7,000 10,000 0.90 1.00 1.50 2.00 2.50 2,500 (A) (A) 2,000 See Chapter Density - See 11.4.55: Affordable Additional Affordable Housing Bonus Regulations Housing Bonus " .' . . ..1.....:.:,.. '. I ~ . . . Building Form' and Loc~tion' . " , .' . . I . v~ . . .'~ . '. . . ,", .. . . Maximum Building 35 35 30 35 35 (B) Height (ft.) Building Setback on varies varies varies varies varies (C) Street Frontages Minimum Yard Requirements Interior Side varies varies varies varies varies (C) Rear varies varies varies varies varies (C) Building Transition Zone Adjacent to R Yes (D) Districts . CITY OF SEAL BEACH MUNICIPAL CODE 64 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10 - Commercial and Mixed Use Districts . !!:,:,'.',:,:,:,;. '.:_._..~,~.~,?",:;..Z,>..~,:.:":.:;",.,.r,;..,,,.;.}..j.~.' :, ""'!.:"~:'."B~;';I:;E'i"i~ irlI'~~~~ . ~". "''''''~~:'~'' '.":.. .',,', .. :<~t~~~~~~;r,{~~.:~~,*. ., .,:~\.: .~ .~ ~" '" ' , .... :':;IJEVE:LO.F?,NlE.: ." TJiNDA ,I: '.:::~': :..... Ci~:::~~::4-; .~jfjfk~i~e)Il~~a~~PI~;)~;; ",,'," ',. :;".";?' '~'V . ~~::" ::':'"... :..~ " .::. ';\ho!!f., .#-~' ...,' . .':" ..?-;! ....... . . .. . '. . ...... ::.:i'.: '.".'.: . .' .:...'.... ...' < .. ',:' .',:.: . ".. .... ;.. Additional',' ,.,':".'. "'" .::.:..... ii,....:.. . ~~ 'L~MI)':';"'\:'~':':i,.tO..,'. MSSP.,' "iS~,,:,...:.. .,'~C:':' . Rt!gulatiiiiJs' '.~ndsca.pin.g '~~d~Open S'paee.::,:.:,::,::; .)..":':,.:.:.>:'::;.:' . . . ......:. .>. ~:'.: ..: .' . ...... .,:....<~:.y .' '.': " .".::: . .... .. , -,,'. ..... '..;" .....".., .,' Public Open Space Yes Minimum lot area to be landscaped 5% 10% 0% 10% 10% (E) See Chapter 11.4.30: Landscaping and Buffer Yards . Minimum required front yard area to 60% be landscaped Circ~lation ~~d;Parking "'":.7''.;-' ::..: Limitations - Location of Parking Limitations on Curb Cuts Limitations - Location of Truck Docks; Loading and Service Areas Off-Street Parking and Loading Yes Yes (F) (G) Yes (H) Yes See Chapter 11.4.20: Off- Street Parking and Loading See Chapter 11.4.20: Off- Street Parking and Loading Reduced Parking Requirements . Yes . CITY OF SEAL BEACH MUNICIPAL CODE 65 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . . . ".' . ..! '. . . I .. I ':" '''~'' . . 'j" . : .~~.. .:~' ,.M~S~'i:':' S~, . . I . ,Bu,ilding".b~ign, :' ':'" ,", , , , ". " II':. : ~ . I. I I:, , ' Building Design Features Blank Walls . (':::.. I:..; i: : l '. . , " I 'j. . . , " . . > . . I' ~::::' l.l::1' :,' ,~~:~.:,:,,:' , :',", . : , ':: " ~ . '. '" . ' . ~.: I'.', . ", . ..--' Yes (I) Yes (J) (K) Building Orientation Ground Floor Requirements Building Transparency (% of linear street frontage with openings into occupied space) . , Sp~~ial Req~iren:-en1s for Residential Dev~lopment... . . '.~~ '. . I. . . '. Open Space (sq. ft. per unit) Side and Rear Yard Setbacks ..' 'jC:.} . ". ." I ...."... . ,I.::. Other:App.licable Developm~nt Standards ,: .' . . .... :. . ,.' . Yes Yes (l) 60% 60% 70% 60% 50% (M) . . .. . I I : .. ",'", 100 (N) Yes (0) ,<0, . . . " ,'j; ':.~: '.' . . I A. .: .~ .:.j Consistency with Council Adopted Design Guidelines, Area Plans, or Specific Plans Pedestrian Access to Buildings Setback from the Street Projections in to Required Yards and Above the Height Limits General Site Standards (P) (Q) (R) Fencing See Chapter 11.4.10: General Site Standards See Chapter 11.4.15: Fences, Hedges, and Walls CITY OF SEAL BEACH MUNICIPAL CODE 66 . . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2. 10- Commercial and Mixed Use Districts . 4:'>" :t';;:':''T::''~B' 'J~Er.~: ~ :.''', :;'::l~ii:~(ri';;';' >ti"':.4::::P..~.. . .".' ""':~';::~:",~,,;~, ' +~;:~" ,11.~. .' --,- ":;S:. " ...~.,.. ,. '",.- Y :< "\ieti),F! , . YAt.f ;;:: '::'~~'-. ~.. "~'.:.. ~' ': 'l:mr~:-J ~~::;:~~~~::-'f.~.:,;:~~~;;'.> .:: . "t'.~,f:"<40.;. '"::,, ,.::,'~".::::.':, . ,~;::;':';'::,'" 'MER'C" '1':.li~~:'i"N:.:'iI!D~:-:'M"'I"X'''-E'' ,. 'IS"~RIi"T' ~/:';=:'::, .:':t:~ .::~ ::";':'C,::.:.:~. ~:.... . ... ", ",ft&;;.."",.. ' .. .:.. .'. ~.:.~~. .' ."': ',_.' ,,' :" '.:,;,!;.... .... ;' .~.;~':t-i>'~- ,.. :f.i; "'~. :/'.' ,'. L' . ,. "., ." _ ,.,..",.,' ;"",~'~;\.1.i.~...m: , " """,,.' "," '," .., " ":""::,'': ' . '1 ':. ,'" -: .'. .' .! .. . ":' ':" .-:: ., , ,LC/RMD,,: ,',.': ',.,'pe)' 'MSSP ':, ... '$C' '. . GC' , :,Adt!iti~~al. . '.... '. ..,,' "':-::,..., '\::",: :: :":.':',: "': ':,,-,:, ,':'.,:(::: ,::':.',:''':.:' ': .':. , . "'. :,'. . '''' ' . R_egulation~.; . .... ...rI............~,. ". ,I",: .... :V'l'.'~' I, .1. . .'\'..:' . ',' ','~. ...... ......~.......;: Other'App,icable ,Deve'lopment,St8I1~arci.,:, :"" . .~.<~ -,-: " --. . .::.:~,' .~. .. " : .: _ __ --.......' , ".' . . -. '-'-. >. . .~" : .. ..... .r',..r. r .,'..: . '. ..:' "... See Chapter 11.4.20: Off-Street Parking and Loading See Chapter 11.4.25: Sign Regulations See Chapter 11.4.30: Landscaping and Buffer Yards See Chapter Development Permit See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Parking and Loading Signs Landscaping and Buffer Yards Coastal Development Permit 11.4.35: Coastal Nonconforming Structures and Lots A. Maximum Residential Density/Development Standards. 1. Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixed-use projects shall be in addition to floor area ratios permitted for commercial uses in Table 11.2.10.015, above, within the limits of all required yard, height and other developments standards. a. FAR for Non-Residential Development. The FAR for non-residential development in the LC-RMD District is set forth in Table 11.2.1 0.015.A: Non-Residential FAR - LC-RMD District. "~:: :~~;:'J:'~~:,./'.. ..:' ::}!t ' ;.',,' .:' ,,:~::~~* ;'('''; ':. ...:'. ',::::;;:J~~mr:...".tl""'~> ":<.~' ~~~: : ~.~.' >~:.",~~' ~ " ,.. ..A.....__ ... ....,... "TABLE 11210"015 A"- "'" . .,. .....- . ... ,l.. . .('ffF\~;:-:~::~.'~s i' ::~,. ':', ::.~~;~t?{~<'.., .:~; ':;;:1.~~f;;;'i:;j!!~~~jjli~il~.~,:!~ -:, .::', ~': ~ .j~:~ON~f1.~~lD~,~I'~,~f~~ ~';~:~7~'!\ftQ;.gJ~!~qr., i,"}:;~. ",' "... .._ .v.~""i,l"~~f''''''''Y ..._:J..y..........~.......>y...' ", ,,', '. Lot SiZ~ ' ,'. 5,000 sq. ft. or less More than 5,000 sq. ft. . Maximum FAR. , 0.90 0.75 - minimum 4,500 sq. ft. 2. Density Bonus for Mixed Use Projects. See Chapter 11.~.55: Affordable Housing Bonus regarding allowable density bonus programs. CITY OF SEAL BEACH MUNICIPAL CODE 67 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts 3. Residential Development Standards. The residential development standards for the LC-RMD district are as follows. a. Mixed Use Project. May only be located on the second floor in compliance with all applicable requirements of this Chapter. b. Residential Project A residential development shall comply with all other applicable development standards for the RHD-20 district. . B. Building Height Building height requirements are set forth in Table 11.2.1 0.015.B: Building Height - Commercial and Mixed-Use Districts. :',:..:'.' 'I .~ .... I A ,,", :''': " LC-RMD District Lots less than 37.5 feet in width Lots greater than 37.5 feet in width Front ~ of lot Rear ~ of lot PO District District I District /I MSSP District SC District District I District /I GC District District I District /I District VI 30 feet . 25 feet, 2 story maximum 35 feet, 3 story maximum 30 feet 35 feet 30 feet, 2 story maximum 30 feet, 3 story maximum 35 feet, 3 story maximum 30 feet, 3 story maximum 35 feet, 3 story maximum 35 feet, 3 story maximum CITY OF SEAL BEACH MUNICIPAL CODE 68 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts . 1. Additional Height. Additional height may be allowed at specific locations designated in design guidelines, planned unit developments, or specific plans adopted by the City Council. 2. Accessory Commercial Structures. Accessory commercial structures shall not exceed 15 feet in height. See also Section 11.4.05.010: Accessory Business Uses and Activities. C. Building Setbacks. Building Setbacks from street and alley frontages and interior lot lines are set forth in Table 11.2.1 0.015.C.1: Building Setbacks from Street Frontages - Commercial and Mixed-Use Districts, Table 11.2.10.015.C.2: Building Setbacks from Alleys - Commercial and Mixed-Use Districts, and Table 11.2.1 0.015.C.3: Building Setbacks from Interior Lot Lines- Commercial and Mixed-Use Districts. . . CITY OF SEAL BEACH MUNICIPAL CODE 69 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . ,'AI LC-RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum PO District District I 10 feet minimum Side Street 15% lot width; 3 foot minimum; 10 foot maximum District /I 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum . MSSP District o feet SC District District I o feet District /I 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I o feet District /I 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum CITY OF SEAL BEACH MUNICIPAL CODE 70 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts . Commercial Structure Rear Alley Side Alley Residential Structure (includes garage) 15 foot wide alley 12 foot wide alley 13 foot wide alley Second Story and Above 22 feet 4 feet . 9 feet 12 feet 11 feet May encroach % the required first floor setback PO District District I 15 foot wide rear alley 12 foot wide rear alley 13 foot wide rear alley Side alley District /I Rear alley Side alley MSSP District Rear Alley Side Alley 9 feet 12 feet 11 feet 4 feet o feet o feet 22 feet 4 feet . CITY OF SEAL BEACH MUNICIPAL CODE 71 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts . .. .. '~'ar .. : . . .. ... . . SC District District I Rear alley 22 feet Side alley 4 feet District 1/ Rear alley 4 feet Side alley 4 feet GC'District District I Rear alley 22 feet . Side alley 4 feet District 1/ Rear alley 4 feet Side alley 4 feet District VI Rear alley 4 feet Side alley 4 feet CITY OF SEAL BEACH MUNICIPAL CODE 72 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts . .. - . LC-RMD District Commercial Structure o feet Residential Structure (includes 3 feet minimum, 10 feet maximum garage) PO District District I Side yard 10% lot width; 10 feet maximum Rear yard 10 feet minimum District /I Side yard 10% lot width; 15 feet maximum . Rear yard 18 feet minimum MSSP District Side yard o feet Rear yard 10% lot width; 10 feet maximum SC District District I Side yard o feet Rear yard 10% lot width; 5 feet minimum, 10 feet maximum District /I Side yard o feet Rear yard 6 feet minimum . CITY OF SEAL BEACH MUNICIPAL CODE 73 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . GC District District I Side yard Rear yard District /I Side yard Rear yard District VI Side yard Rear yard o feet o feet o feet 6 feet minimum 10% lot width; 10 feet maximum 18 feet minimum . 1. Property Line. Building Setbacks and Landscaping Adjacent to Front a. LC-RMD and MSSP Districts. Buildings in the LC- RMD and MSSP districts shall be located between zero and 10 feet from property lines facing a street, for at least 80 percent of the linear street frontage of the property. See Figure 11.2.1 0.015.C.1.a: Building Setback on Streets - LC- RMD and MSSP Districts. Up to 25% of the area between the property line and the building may be landscaped, subject to the following standards; all other setback areas shall be paved for public use. i. Landscaping along the building frontage shall not exceed a depth that prevents pedestrian access up to building windows or detracts from a pedestrian street frontage, generally 2 feet. ii. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged. b. PO District Buildings in the PO district shall be located between zero and 10 feet from property lines facing a street and for at least 70 percent of the linear street frontage of the property. See Figure 11.2.10.015.C.1.b: Building Setback on Streets - PO District. In the PO district, CITY OF SEAL BEACH MUNICIPAL CODE 74 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2. 10- Commercial and Mixed Use Districts . the area between the property line and the building shall be landscaped, except for pedestrian access walkways. Figure 11.2.10.015.C.1.a Building Setback on Streets - LC-RMD and MSSP Districts c.l( ~l .1 I i . I i . I . I . I' '. i x IluIcQs _1MI1ocmd ~ 0_ Ii) feethl'ft....~ .. for It INK _ 01 frona.&e. 10 IiIot __ bulldJncllllrlck an_ frDII:lleB. Ail: lI!IllSt m - IMI pMId. fINIIt . Figure 11.2.10.015.C.1.b Building Setback on Streets - PO District 7OS.X '1 "I I . I I I . I . I i I. ! I- I . I . I I I I I , I x ........... be 1ocaacI~ 0..... ro r.c '"'"" fnIm JW'ClPIl"17 fihD lor IIllcla 705 of fn:InrlI&e. 10 foot ma.ximum boiIc:IinJ sedrIIdc on urea fratta&eI. Mar be fIMld or ~ SIreeI . CITY OF SEAL BEACH MUNICIPAL CODE 75 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts D. Minimum Yard Requirements: Building Transition Zone . Adjacent to Residential Districts. 1. Residential Setback shall Apply. For any portion of a structure adjacent to an adjoining residential district boundary along a common side yard boundary the minimum required setbacks of the residential district shall apply. 2. Daylight Plane Requirements. To protect privacy and minimize sunlight blockage, structures shall not intercept a 45-degree daylight plane inclined inward starting from a height of 35 feet above existing grade at the setback line. See Figure 11.2.10.015.D: Building Transition Zone Adjacent to Residential Districts. 3. Exceptions for Parking Structures. Exceptions to the above requirements are permitted for a one-story parking or garage structure that does not exceed 10 feet in height in a side or rear yard that does not front on a street. . CITY OF SEAL BEACH MUNICIPAL CODE 76 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts . Figure 11.2.10.015.D Building Transition Zone Adjacent to Residential Districts Commercial/Mixed Use Across the Street from Residential CommetdollMbted Use Zone Residential Zone. AM 1 Maximum ,,:' ," ',,;.' Height 50 ft . ..' :'. :~:r.': (~Ires CUP . .:.' .-. In Cj"-> ".,,':t ..... ...~. . ',' .' :....>. . ' T" ' ::- ,:...^ f------1 Minimum Front Yard Required for Residential Zone: 10 ft Street T.:":!.";., ~', ". :., ."'\,'" Maximum ~;. Height 35 ft .' :-,,: . j f------1 Minimum Front Yard 10 ft .'., '" . : t . . Commercial/Mixed Use Rear Yard Abutting Rear Yard of Residential 1 Maximum Height 50 ft (requires CUP in CC Zone) j CommertiGllMbced Use Zone I Residentlol Zone - AM , I , .,' ......' I ..:,':~~':~ =: . I ".v.,' , 450 ~ ! .: :::f';':" ., .' ---n . :.. . '..:. ".~. .,' ',: ',1 . ;, ~ .' . .,. '" .... . '. .:. '> ," I M~~m :', Lt'j~:~ I"j I. "" .1 Minimum Minimum Rear Yard Rear Yard Required for 15 ft Residential Zone; 15ft . CITY OF SEAL BEACH MUNICIPAL CODE 77 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts E. Public Open Space. For buildings over 25,000 square feet outdoor open space which is accessible to the public during daytime hours shall be provided at a ratio of 25 square feet per 1,000 square feet of building. An open space area shall only be counted toward meeting the public open space requirement if it is possible to inscribe a rectangle within such area that has no side less than 15 feet in dimension. Open space(s) shall be visible from a public street and shall be located within 40 feet of the street-facing property line. . 1. Exceptions: Administrative Use Permit Required. An Administrative Use Permit is required pursuant to Chapter 11.5.20: Development Permits for a public open space that is not visible from a public street and not located within 40 feet of the street-facing property line. F. Limitations on Location of Parking. 1. Parking Location Generally. Commercial and mixed-use buildings shall be placed as close to the street as possible, with parking located either behind habitable space, on the interior side or rear of the site, underground, or in parking structures. See Figure 11.2.10.015.F: Limitations on Parking and Curb Cuts. 2. Parking Location - LC-RMD, PO, and MSSP Districts. . Above ground parking may not be located within" 40 feet of a street facing property line in the LC-RMD, PO, and MSSP districts. a. Exceptions. Exceptions may be granted with the approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits for projects that do not meet this standard, including projects with parking on upper levels. b. Additional Findings. Additional findings for approval of an Administrative Use Permit for exceptions to this regulation are as follows: i. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and any parking within 40 feet of the street facing property line is well screened with a wall, hedge, trellis, andlor landscaping. ii. The site is small and constrained such that underground parking or surface parking located more than 40 feet from street frontages is not feasible. 3. Additional Parking Facility Requirements. See Chapter 11.4.20: Off-Street Parking and Loading for additional parking facility requirements. CITY OF SEAL BEACH MUNICIPAL CODE 78 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10 - Commercial and Mixed Use Districts . G. Limitations on Curb Cuts. 1. Curb cuts are limited to a maximum of 25 feet of linear frontage for property that does not exceed 10,000 square feet in area. This may be achieved through a combination of 1 or 2 separate curb cuts. See Figure 11.2.1 0.015.F: Limitations on Parking and Curb Cuts, below. 2. Curb cuts are not allowed on lots that have alley access. 3. Curb cuts shall be located in the location least likely to impede pedestrian circulation. 4. Additional areas for curb cuts are allowed for properties over 10,000 square feet where it can be demonstrated that additional cuts are necessary to protect pedestrian safety or accommodate total vehicular traffic. . H. Limitations on Location of Truck Docks, Loading, and Service Areas. Truck docks, loading, and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street-facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Facilities within 150 feet of a residential district shall provide screen walls and sounds attenuation to comply with a noise level of 55 CNEL at the residential district boundary. Exceptions may be granted with approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, if an alternative location for the truck dock, loading andlor service area better protects the pedestrian environment of the commercial district andlor better shields adjoining residential neighborhoods from noise and visual impacts. 1. Exception - MSSP District Truck docks are not permitted in the MSSP District. All loading and service shall be accomplished from either Main Street or the alleyways in such a manner as to not impede traffic to the maximum extent practicable. . CITY OF SEAL BEACH MUNICIPAL CODE 79 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts Figure 11.2.10.015.F Limitations on Parking and Curb Cuts . Mcudmum Curb Cut Widlh Locate partd"l underaound. behind commerdal space. or In surfaallDtl cowards t!uI rear of the property. ; I No porlclns within <<1_ "'-..IoCInI.........., .... ~1J :'(::\i~:.)~;'~It{::;':.!~ ::i:.::./;' ::'i~:r~~i~:;:t.~,~'.}~S:::0J.~~::~.}F7~: - -.. 1"~;:~~rb';'1 ....wtddl:25 t MGJ<imum Number of Curb Cuts Locate parkl"l underJound. btthlnd commercial space. or In surface lots cowards the .....r of the property. N. parld"l _In ~o_ "'_............,1Ine 5rnoet . Maxtmum of two curb CUD MaxImum ua.1 width: 25 tt Curb CuIS on Comer Properties .....--..... f!~ commercial space. or In surface 10.. t:;;, .:, towards the rear of the prope...... ----..---- .' . ...,. I"" - ,::~'. f.- b'sri IJndotpvund I'i' :: PGtIdnt . " ."' L.oc:at8 curb cuts on side with Ihe la5t pedestrian acdYIt):. Maxbnum curb CUI. widrh 25 f1oot. . :.". r.;;:\ (I:J ~'<:;:':::/"':"i: :,:;;:~.? ,,~!',,'i ,~~:~(:\;!.;f:::'.:,~:i:",:~:~\ )<~,:,~':~;ii.,:;:,;:;;.'{~{i;:! 5..... I. Building Design Features. The Director or Commission shall make a finding that the commercial or mixed- use structure provides adequate design features to create architectural interest and avoid a large-scale, bulky, and "box-like" appearance. Different ways that this finding may be met, include, but are not limited to, those listed and illustrated below. See Figures 11.2.10.015.1.1 through 11.2.10.015.1.6. The drawings and photos are intended to illustrate the various building design concepts, and do not represent an ideal design that applicants should attempt to replicate. CITY OF SEAL BEACH MUNICIPAL CODE 80 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TiONS Chapter 11.2.10 - Commercial and Mixed Use Districts . 1. Variety in Wall Plane. The planes of the exterior walls should vary in depth andlor direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth (at least 5 feet), or a repeated pattern of offsets of smaller depth (minimum of 2 feet). See Figure 11.2.10.015.1.1: Variety in Wall Plane. Figure 11.2.10.015.1.1 Variety in Wall Plane ~-5( . . min. ----L I. SOft ---1 ,...'U " ~I. Offset of significant depth ~. T . min. .~.~."~ - . -'-'~"~' "~~-"" ... . . .., -L ~ I SOft ..,""'~ .. ,,,,,,,,,.' "l"'" ~ .........-w. ,'" . . ~ '" ~l!" ,,__ '" .... . .~ I,..." ",.' I" . ..,~ ,I '-'~""'l I" I . );] ...ij~ 2~ I min. I .. .1 Repeated pattern of offsets of smaller depth SOft SOft 4~ ~ 2~ J 1_8~-1 n.JT min. SOft 25ft . CITY OF SEAL BEACH MUNICIPAL CODE 81 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10- Commercial and Mixed Use Districts . 2. Variety in Roof Forms. The roof forms or roof heights vary over different portions of the building. See Figure 11.2.10.015.1.2: Variety in Roof Forms. Figure 11.2.10.015.1.2 Variety in ROQf Forms On~fifth to one thild of roof oreo has a chanre in pitch, plane, height or orientation. '; .';~<.> :.:,': :>,:":'..:.::':~"<>-:-" . , .. : .. A.;~' . . . "1 . ., . .' Simple pitched roof on buildings lWl!r 50 feet in length do not meet this guideline. '<-' ' ^ t~;. ~ Example of variety in roof forms. Fake mansald roofs (without structurol integrity) do not meet this guideline. . . ., " . 1';fli~ll11Ii11~it'lil~ 3. Variety of Height for Different Massing Elements. The height of the building varies so that it appears to be divided into distinct massing elements. See Figure 11.2.10.015.1.3: Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials. 4. Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's fayade are articulated by use of a change in plane, color, arrangement of fayade elements, or a change in materials. See Figure 11.2.10.015.1.3: Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials. CITY OF SEAL BEACH MUNICIPAL CODE 82 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts . Figure 11.2.10.015.1.3 Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials . 5. Fa~ade Design Incorporates Architectural Detail. A flat building fa~ade incorporates details such as window trim, window recesses, cornices, changes in material, or other design elements in an integrated composition. Some of the architectural features of the main fa~ade are incorporated into the rear and side elevations. See Figure 11.2.10.015.1.5: Fa9ade Design Incorporates Architectural Detail. . CITY OF SEAL BEACH MUNICIPAL CODE 83 TITLE 11 - ZONING PART /1- BASE DISTRICT REGULATIONS Chapter 11.2. 10- Commercial and Mixed Use Districts . Figure 11.2.10.015.1.5 Facade Design incorporates Architectural Detail . 6. Use of Balconies, Bay Windows, and other such Projections or Recesses. The building incorporates balconies, bay windows, entry porches, or other projections and recesses in a pattern that creates architectural interest across the length of the fayade. This is most typically found on buildings that includes small retail spaces, office, or residential uses. See Figure 11.2.10.015.1.6: Use of Projections and Recesses. CITY OF SEAL BEACH MUNICIPAL CODE 84 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . Figure 11.2.10.015.1.6 Use of Projections and Recesses . J. Blank Walls. No unadorned blank walls greater than 20 feet in length shall be permitted on the storefront side. Other building walls over 24 feet in height or 50 feet in length shall include an offset, recess, or projection at least one foot in depth, providing shadows or visual interest for at least 25 percent of the frontage. See Figure 11.2.1 0.015.J: Blank Walls. . CITY OF SEAL BEACH MUNICIPAL CODE 85 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2. 10- Commercial and Mixed Use Districts Figure 11.2.1 0.015.J Blank Walls . 120ft I ~aximu~ Maximum length of blank wall on storefront side K. Building Orientation. 1. Primary Entrance Toward Public Street All buildings . located along a public street shall be oriented toward, and have their primary entrances toward, the public street. a. Exception: Administrative Use Permit Required. An Administrative Use Permit is required pursuant to Chapter 11.5.20: Development Permits for a building located along a public street that is not oriented toward, and does not have their primary entrances toward, the public street. 2. Interior Buildings - Entrance from Sidewalk. All buildings and dwelling units located in the interior of a site shall have entrances from sidewalks that are designed as an extension of the public sidewalk and connect to a public sidewalk L Ground Floor Requirements. The following standards apply with respect to ground floor construction. Exceptions may be granted with approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. 1. High Quality Building Materials. Building materials used on the ground floor shall be high quality durable materials such as concrete, stone, tile, masonry, or other equivalent quality materials. The portions of the CITY OF SEAL BEACH MUNICIPAL CODE 86 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2.10 - Commercial and Mixed Use Districts . building 2 feet above grade that front the public sidewalk shall be constructed of such materials, rather than glass, wood, or stucco. 2. Greater Level of Detail and Articulation. There shall be a greater level of detail and articulation of the ground floor than the upper floors of a building. See Figure 11.2.10.015.L: Building Transparency and Ground Floor Requirements. M. Building Transparency. A minimum of 50 percent of a building's frontage shall provide views into the building's interior through windows, window displays, or doors with a zone of transparency of between 2 and 6 feet above grade. See Table 11.2.10.015: Development Standards - Commercial and Mixed-Use Districts for specific commercial and mixed-use district requirements. See Figure 11.2.10.015.L: Building Transparency and Ground Floor Requirements. Figure 11.2.1 0.015.L Building Transparency and Ground Floor Requirements, . Greater level of articulation on ground floor ... . :;; __ High quality building .,.. . ';:: materials: concrete, .:.: /i stone, tile. masonry ~ I- -I ,- -I Minimum 2 ft base of high quality durable materials. not glass . :.,'J" <: Minimum building transparency: 60% of frontage with views to interior N. Open Space Requirements for Residential Uses. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space. . CITY OF SEAL BEACH MUNICIPAL CODE 87 TITLE 11 . ZONING PART 11- BASE DISTRICT REGULA TlONS Chapter 11.2. 10- Commercial and Mixed Use Districts O. Required Side and Rear Yards for Residential Uses. In order to . provide light and air for residential units, the following minimum setbacks apply for any side or rear yard not fronting a street. When the site is adjacent to a residential district, the standards of subsection D - Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts, above also apply, and the project must comply with whichever standard is stricter. The length of the required setbacks must be at least the width of the window plus 3 feet on either side and never less than 10 feet: 1. 5 feet for any wall with windows. 2. 10 feet for any wall with bedroom or kitchen windows. 3. 15 feet for any wall with living room or other primary windows. 4. The building shall be set back 1 foot for every 2 feet of height above 35 feet. See Figure 11.2.10.015.0: Required Side and Rear Yards for Residential Uses in Mixed Use Zones. Figure 11.2.10.015.0 Required Side and Rear Yards for Residential Uses in Mixed Use Zones . SECTION I 2~ I 2~ I ,~ ~in +--15 -- , " , \ Mln. , I 15ft. i I Primary Uving Area Windows Bedroom and Kitchen Windows All Other Windows PLAN Primary Uvlng Bedroom and "" Other Ara Windows Kitchen Windows ~ -J M~ ~ -c "'L. I~~-?l~~. 'Jn~ Adjacent Property Min. 10ft. Length of tile sedladc must be at least the widlh of the Window plus 3 feet on each side; and never less than 10 feet. CITY OF SEAL BEACH MUNICIPAL CODE 88 . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.10- Commercial and Mixed Use Districts . P. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments, specific plans, or other similar documents that give specific guidance for development on private property and public improvements. a. Pedestrian Access to Buildings Set Back from the Street. If an Administrative Use Permit is approved for buildings in the LCIRMD or MSSP districts set back farther than the minimum 10-foot setback requirement, the following standards shall apply: 1. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining neighborhood residential and commercial areas. These connections shall remain accessible at all times and not be gated. . 2. To Street Network. Pedestrian access from the public right- of-way to the primary uses on the site shall occur as often as necessary to connect the on-site walkways and the public sidewalk. Landscape strips shall be crossed for pedestrian access at regular intervals. When pedestrian access to a site is in the same location as automobile entries (Le. at driveways), the auto and pedestrian paths shall be separated from each other by a curb. The pedestrian access shall be integrated with the parking lot landscaping so as to provide a shaded walkway. 3. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances with public sidewalk and pedestrian walkways. Sidewalk "bulb-outs" or bus "pull-outs" may be required at potential bus stops. 4. Pedestrian Walkway Design. a. Primary pedestrian routes and access points shall be specially treated and include trees at regular intervals, adequate lighting, and paving that distinguishes pedestrian from automobile areas. A minimum 5-foot wide clear walkway is required to ensure pedestrian safety. b. All dedicated pedestrian routes, including those through parking areas, shall be separated from automobile routes by a curb. R. Projections. 1. Projections into Required Yards. Projections into required yards are permitted subject to the following standards: . . CITY OF SEAL BEACH MUNICIPAL CODE 89 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA T/ONS Chapter 11.2. 10- Commercial and Mixed Use Districts a. Architectural Features. Architectural features, such . as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and chimneys may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback. b. Stairs, Decks, and Balconies. Open uncovered stair landings, decks, and balconies 12 feet or less in length and less than 6 feet above grade may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback. 2. Allowed Projections above Height Limits. Projections, including elevator and stair towers, chimneys, silos, cupolas, f1agpqles, monuments, water tanks, church steeples, roof furniture and roof equipment, building-mounted wireless telecommunications, and similar structures and necessary appurtenances, are permitted pursuant to Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits and subject to the following standards: a. Projections are allowed up to 7 feet above the height limit. b. The total area of all projections may not cover more than 10 percent of the top floor roof area. i 11.2.10.020 Review of Plans. . All development is subject to review under the City's Administrative provisions, found in Part V: Land Use and Zoning Decisions, of this Title. CITY OF SEAL BEACH MUNICIPAL CODE 90 . . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.15 Light Manufacturing and Oil Extraction Districts Sections: i 11.2.15.005 i 11.2.15.010 i 11.2.15.015 i 11.2.15.020 Applicability Land Use Regulations Development Standards Review of Plans i 11.2.15.005 Applicability . The provisions of this Chapter are applicable to the following Zoning Code district designations: LM: Light Manufacturing. To allow sites in a business park environment for moderate- to low-intensity commercial services and light manufacturing uses. OE: Oil Extraction. To allow for oil extraction and related production storage and processing, maintenance facilities, and related operational and maintenance facilities. i 11.2.15.010 Land Use Regulations. Table 11.2.15.010: Use Regulations - Light Manufacturing and Oil Extraction Districts prescribes the land use regulations for the Light Manufacturing and Oil Extraction districts. The regulations for each district are established by letter designations as follows: "P" - Uses permitted as-of-right that require no discretionary review if in compliance with all standards. "L" - Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.15.010: Use Regulations - Light Manufacturing and Oil Extraction Districts. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. CITY OF SEAL BEACH MUNICIPAL CODE 91 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS "C" - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. . "_II _ Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. . . ': I .....' .... . ~ . . Lig~t~anufacturin.g Use~ Types . . . . ,.' I' Contractors' Yards ......1 I" ,'-:" . . .' ~~ .~': ',' .... " L_ C Drilling Operations C Limited to the extraction of oil, gas, or other hydrocarbon products . Handicraft/Custom Manufacturing Manufacturing, Light Manufacturing, Medium Maintenance Yards, Outside p p p C C C C See Section 11.4.05.090 Limited to oil and gas separation facilities. Separation Facilities Storage Tanks Veterinary Hospital Warehousing and Storage Indoor Commercial Storage Outdoor Storage Personal Storage A A p p C C See Section 11.4.05.090 . CITY OF SEAL BEACH MUNICIPAL CODE 92 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Wireless Communication Facilities C C See Chapter 11.4.70: Wireless Telecommunications Facilities Antennae and Transmission C C Towers Facilities Within Buildings P P Recycling Facilities Recycling Collection Point C Recycling Processing Facility C Reverse Vending Machines P . Utilities, Major A A See Chapter 11.4.60: Hazardous Waste Facilities Hazardous Waste Facility C Utilities, Minor A A " Yo,}" , '. Ag~ic~lt'ure.' ~~e Type~: :.', :::. '. ,,: .... : '. '. . . . : .. , ':ld. Nurseries Accessory Use " Other'Applicable Use Regulati:on's .;.:'..." .....~. ." " . .' '. .' .' ... . . I:' I',' .....J, .' See Section 11.4.05.010: Accessory Business Uses and Activities See Chapter 11.5.25: Director Determinations ',. I,,' ,:' ,. " . Temporary Use 111.2.15.015 Development Standards. Table 11.2.15.015: Development Standards - Light Manufacturing and Oil Extraction Districts prescribes the development standards for the light manufacturing and oil extraction districts. The" Additional Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this Zoning Code. . CITY OF SEAL BEACH MUNICIPAL CODE 93 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . 5.0 : , - . . . ~~i.~diri~l~orm ~ri~ ("ocation '"' ".~.:""": .-'. Maximum Building Height (ft.) Site less than 10 acres 35 Site more than 10 acres 75 Accessory Structure (ft) Site less than 10 acres . ..'J.:. ...... Site more than 10 acres 15 20 Minimum Yard Requirements (ft) Front Yard 15 Side Yard Abutting Street 15 m~ri~LmLme 15 Rear Yard Abutting Street 15 Interior Lot Line 15 ," .. . '.. . "Lands'ca'pi"ng an~" Open" Spa~~"" "",:',." """" " '"' ! . . i . . . , , Minimum lot area to be landscaped 10% 10% Minimum required front yard to be 70% landscaped CITY OF SEAL BEACH MUNICIPAL CODE 94 . ~ I . ~.l.: ':'. ,. . . ... i . .... . . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS ~:~\;;;.. .,' .. -.<~ ..- I ;:l~~:~;:";l:~:A:~~:~'.~'~~2,:'i;:~O~1/~5;~Ic:' ~.;'~ti':~~; 'ti;~;...c.:r...,:... '"'::':!D:':':;':"::.:!.::'!~~::';::~~i~i";~...;..[t7 :<: .-,:,~'~'" ~:.'~'.-:<< '.~': :',/, ..~:~~.~~~)~:-v ~.clM~. .," ,~.;;-1.; :9D.~. ,,~~,~,~ ":;:~:':::L..;~~~:";j}~:!~Y.~,\?~'IT' ~ .lii~ ,~~, ". ...".., .. .,~''''... .,.<~... ..,~. .,i!)p~,,", ...~~..">1li.l\':",.. . .' ....',r,..',. t.." ...,"..... l~r~~:.~.~.~ "...: "\~ ".:st~'N'D'1RDS:~\tiGHT '.MA~UEA. .:~ ;. "INcfiH[f6.u~;t;t::'" ~""";;i;: i:i;_~ ., .,...,., '.. :..::~~~ i.:;!~X:~;r.'R' A' 'C">~'I~'N': ....nl.Sli. jgJ'>C~:T,~~\I}~~~:~"':"',, .:.::~;:/. ::..~. .,,,,',\,1' ~. ~'l.; Yo:';';" ".::,_ '.:';~. ~r-;l;i, .~I;, , ;.1\ ~ . .~. " ~:: ' ~I~~. . .:..q,~.,,~... .:.~~~, ,....,b..:'lt .::: <". . "'t. ., '::t.;;. .'{::>~7';',,;,: .. ''''~\~'...~+.'''':: .' ,,'\,:' y :~}:":~:"~-::~'" .:~;~:1' :,,;~,,,,,'''''':~~~?'"'. . :":';;.'.:1,,. ~'i::' . . '''l \ I.'. ':.'~ . h . '. ':" I......., .. n:r! I . . .'. '" ." ":' " " t A" : " . .'fo . ' :',' '.. . '" ,'. :':,,, ,'", 'C?t~:er::'~~~~~~.~le..D~~el~~.m~n~'Regu}~~~~ri~~' .:'~. ..' :'..:: '::.': .... : '..:.'.",,1.'. '::. :. -;- .~ Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Temporary Use See Chapter 11.5.25: Director Determinations A. Use Permit Development Standards. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. 8. Building Design Features. The Director or Commission shall make a finding that all main structures provide adequate design features to create architectural interest and avoid a large-scale, bulky and "box-like" appearance. Different ways that this finding may be met include but are not limited to those listed and illustrated below. See Figures 11.2.15.015.8.1 through Figure 11.2.15.015.8.3. The drawings and photos are intended to illustrate the various building design concepts, and do not represent an ideal design that applicants should attempt to replicate 1. Variety in Wall Plane. The planes of the exterior walls should vary in depth andlor direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth (at least 5 feet) every 100 feet or a repeated pattern of offsets of smaller depth (minimum of 2 feet). See Figure 11.2.15.015.8.1: Variety in Wall Plane. CITY OF SEAL BEACH MUNICIPAL CODE 95 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Figure 11.2.15.015.B.1 Variety in Wall Plane II-- min. -L I. ~v... . ..~...., -- -n-1 .1. -_:-:~~ -.~J~ .1 SOft SOft ~ ,...~ i"!! ,,,,",C, ..... i 1(.. --~" 1'-- -. ~_~l '~FI k <._._. --,I . _., Jj"~ ,~. ~ ~ 2ft. T min. Repeated pattern of offsets of smaller depth SO ft . so ft . 4ft. ~ 2ft. .j. I-~:J llftJ T so ft 2S ft .. 2. Variety of Height for Different Massing Elements. The height of the building should vary so that it appears to be divided into distinct massing elements. See Figure 11.2.15.015.B.2: Variety of Height for Different Massing Elements. 3. Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's fa~de should be articulated by use of a change in plane, color, arrangement of fa~de elements, or a change in materials. See Figure 11.2.15.015.B.3: Modules Articulated by Change in Plane, Color, or Materials. . CITY OF SEAL BEACH MUNICIPAL CODE 96 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Figure 11.2.15.015.8.2 Variety of Height for Different Massing Elements . Figure 11.2.15.015.8.3 Modules Articulated by Change in Plane, Color, or Materials . CITY OF SEAL BEACH MUNICIPAL CODE 97 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . C. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments. specific plans, or other similar documents that give specific guidance for development on private property and public improvements. D. Projections. 1. Projections into Required Yards. Projections into required yards are permitted subject to the following standards: a. Architectural Features. Architectural features may not extend closer than 3 feet to any side lot line and not more than 4 feet into any required front or rear setback. b. Stairs, Decks, and Balconies. Open uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not extend closer than 3 feet to any side lot line and not more than 4 feet into any required front or rear setback. 2. Allowed Projections above Height Limits. Projections, including elevator and stair towers, silos, cupolas, flagpoles, monuments, water . tanks, and roof equipment, building-mounted wireless telecommunications, and similar structures and necessary appurtenances are permitted pursuant to Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits and subject to the following standards: a. Projections are allowed up to 7 feet above the height limit. b. The total area of all projections may not cover more than 1 0 percent of the top floor roof area. E. Other Applicable Development Regulations. regulations shall also apply: o General Site Standards o Fences, Hedges, and Walls o Off-Street Parking and Loading o Sign Regulations o Landscaping and Buffer Yards o Coastal Development Permit o Nonconforming Uses, Structures, and Lots CITY OF SEAL BEACH MUNICIPAL CODE 98 The following See Chapter 11.4.10 See Chapter 11.4.15 See Chapter 11.4.20 See Chapter 11.4.25 See Chapter 11.4.30 See Chapter 11.4.35 See Chapter 11.4.40 . . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS S 11.2.15.020 Review of Plans. All development is subject to development review under the City's Administrative provisions found in Part V: Land Use and Zoning Decisions, of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 99 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 100 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Chapter 11.2.20 Public and Semi-Public Facilities Districts Sections: 111.2.20.005 111.2.20.010 111.2.20.015 111.2.20.020 Applicability Land Use Regulations Development Standards Review of Plans 111.2.20.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: PS: Public and Semi-Public. To allow appropriate public uses, including private utilities (electrical, gas, water, and telecommunications), schools (both private and public), and other city, county, state, or federal facilities. . RG: Recreational Golf. To allow golf courses and associated club houses, maintenance facilities, accessory concession sales, and related plant nurseries. 111.2.20.010 Land Use Regulations. Table 11.2.20.010: Use Regulations - Public and Semi-Public Facilities Districts, prescribes the land use regulations for the public and semi-public facilities districts. The regulations for each district are established by letter designations as follows: lip" _ Uses permitted as-of-right that require no discretionary review if in compliance with all standards. ilL" - Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.20.010: Use Regulations - Public and Semi-Public Facilities Districts. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. . CITY OF SEAL BEACH MUNICIPAL CODE 101 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS "C" - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. . "__" - Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. Single-Unit Residential C Multiple-Unit Residential . C '. P~blic, se~i,;publi~J and -Se~i.ce Use Types Cemeteries C ....' I' I . Clubs and Lodges C Limited to facilities for nonprofit organizations and governmental buildings and uses. Community Center C Community Social Service Facilities Cultural Institutions C Day Care Centers C C p P - Only in conjunction with a golf course facility Government Offices . CITY OF SEAL BEACH MUNICIPAL CODE 102 . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Parking Facilities, Public L-1 L-2 Public Maintenance and Service Facilities Public Safety Facilities ~On,1~,~i.~~':Use"TY~~S:" .: A A .'[ .::. '. .,':-. .- '.. ',r ". .. .. . Driving Range C Eating and Drinking Establishments Restaurants, Full Service Restaurants, Limited Service Restaurants, Take Out Only C C Golf Course, Private Clubhouse Conference Facilities C C C P Parking Facilities Personal Improvement Services C See Chapter 11.4.20: Off- Street Parking and Loading . . - .. ", I' . - ~ . " I:. ,-,. Only as an accessory use, when in connection with a private golf course. Only as an accessory use, when in connection with a club, lodge, or private golf course. See also Sections 11.4.05.015 and 11.4.05.090. See Chapter 11.4.20: Off- Street Parking and Loading Only as an accessory use, when in connection with a club, lodge, or private golf course. CITY OF SEAL BEACH MUNICIPAL CODE 103 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . Communication Facilities C C C C Utilities, Major Utilities, Minor C C ,::~~'~r.~PPlic~~~e ':Jse .R~g~la~~ns' '.. :i!.' ,".: ,.' ':'", '.. ',:!,::":: . ,,:\::. ;:.,:: ...., ,,:-:,.: .I::' ;~'..' . : ..... <:,:>;.~, See Section 11.4.05.010: Accessoty Business Uses and Activities See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L-1: Limited to facilities related to, and in conjunction with, authorized public and semipublic facilities; otherwise requires a use permit. L-2: Limited to facilities related to, and in conjunction with, authorized private golf course; otherwise requires a use permit Accessory Use Nonconforming Use . S 11.2.20.015 Development Standards. A. Applicable Base District. 1. Generally. The regulations of the surrounding base district shall serve as a guide for establishing appropriate development regulations. 2. Use Different From Base District Uses. In cases where structures or components of the proposed use are not addressed by the regulations of the base district, the Director may require compliance with development standards from other base districts. 3. Multiple Base Districts. In cases where there is more than one base district surrounding or abutting the property, the Director shall determine which base district regulations shall apply. . 4. Director Determination. Applicants should request a Director Determination of the applicable base district, pursuant to Section 11.5.25.010: . Zoning Conformance Review Procedure, prior to preparing an application for ' CITY OF SEAL BEACH MUNICIPAL CODE 104 . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS development. Applicants may also request an optional pre-application review as described in Chapter 11.5.10: General Procedures. B. Use Permit Development Standards. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. C. Other Applicable Development Regulations. regulations shall also apply: The following D General Site Standards D Fences, Hedges, and Walls D Off-Street Parking and Loading D Sign Regulations D Landscaping and Buffer Yards D Coastal Development Permit See Chapter 11.4.10 See Chapter 11.4.15 See Chapter 11.4.20 See Chapter 11.4.25 See Chapter 11.4.30 See Chapter 11.4.35 111.2.20.020 Review of Plans. All development is subject to development review under the City's Administrative provisions found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 105 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TiONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 106 . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS Chapter 11.2.25 Open Space, Parks, and Recreation Districts Sections: 111.2.25.005 111.2.25.010 111.2.25.015 111.2.25.020 111.2.25.025 Applicability Limits on Calculation of Parks Land Use Regulations Development Standards Review of Plans 111.2.25.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: OS-N: Open Space. Natural. To preserve publicly owned parklands, environmentally sensitive lands and habitats in their natural state. Uses permitted shall be limited to those that maintain the property in its natural state. OS-PR: Open Space - Parks and Recreation. To provide appropriately located areas for recreation and recreational uses. Uses permitted shall be limited to those that are devoted to public recreation including parks, playgrounds, swimming centers, tennis and basketball courts, golf courses, community centers within the facilities, and accessory concession sales. 111.2.25.010 Limits on Calculation of Parks. No privately owned parks located in the OS-PR district shall be counted towards parklands or other publicly accessible open space areas required by the General Plan. 111.2.25.015 Land Use Regulations~ Table 11.2.25.015 prescribes the land use regulations for open space and parks districts. The regulations for each district are established by letter designations as follows: "P" - Uses permitted as-of-right that require no discretionary review if in compliance with all standards. IlL" _ Uses permitted as-of-right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are CITY OF SEAL BEACH MUNICIPAL CODE 107 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS . referenced by number designations listed at the end of Table 11.2.25.015: Use Regulations - Open Space and Parks Districts. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. "C" - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. "__"_ Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. i.;ji:/:~~:;'~f~:,:'~':;>,.<~iL t.o.' i':' ~i~:(Bl~::~'1~-2S~b'1'5;;:~~ltii~:':~:'~~i'i:~T~~, ,'1?jt::~~~'..:..;~'.:;!.;' ~~y:ti::.~::t:~~rfy~:'-a.: .:;;~' .~.:':.: :~', ~;. ~- ..:, . ,.),L. ~~. ....::~~.', ~'j<1~~,,~'..>t:~:~j:~~~:;* ,~:@!J' ~"~~' :'~... ~::~r;~'~~:~. .~.:: "'," . ,..<t~.,.,. -.".-;:(<. . .,::::;.<,,_.. .,,,,,,.l..~,,....,,,,<... "'."'.,' ~~1.."'l-i' . ..)-......~. ....... ,-.. ~:\~. ", ':'~ f. . y .....~~:.... ::. ,,::;.::.1 ..y '.~:-:,,' "',)"'."^",,,\.:... : ',":'" .. t' . .~.:~ ~...'. .~ :"j;, ,'",J .,:::'';,.,.'' ....w. ql'" ';;.'.~:,; ~ '.~"..' ;~%:.:.; ",,:,~~:~'4~~1ie~!~~:-"~jj:fij8!~.~;;'~~~rr: ~.~9;!~~~~:'~L~.I.q!~:~.;.;.;:~k:,,}:. ,: ~. " .;. '..:. ...," ... , .... ... .. . Add.ti ../.. . ... . ';'~'< .',;..>;.:i."_:. ':'::. ,,':/,,:,,"", '.' ...::,,:.::.:....;... .~~..~:N ". ..~$'- f'R. :;" .' Reg:,a~,:~~....:. . .....: P~blic, Se~i:-~~b'.i~~:'~n.d '$~rvi~e :lis:e TV-pes .;,:< .: .". :.,.~;':' -. . ...... . '. :.:'~'. . .':~.I... . . "-,, . > ...' .... ' Cemeteries Clubs and Lodges Community Center Cultural Institutions Day Care Centers Park and Recreation Facilities C L-2 L-1 C C P Parking Facilities, Public L-1 L-1 Public Safety Facilities A A CITY OF SEAL BEACH MUNICIPAL CODE 108 . See Section 11.4.05.080 See Section 11.4.05.045 See Chapter 11.4.20: Off-street Parking and Loading For the accommodation of operations which are essential to the maintenance of public safety I including fire stations. . . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS II', ., :' ~ v . .; : : : "~':; ':' .:~.' 1 . . . ..... ; Large-Scale (Greater Than 20,000 Sq. Ft.) Small-Scale (Less Than 20,000 Sq. Ft.) Eating and Drinking Establishments Restaurants, Full Service Restaurants, Limited Service Restaurants, Take Out Only c A A Limited only to concessions for snacks and beverages as an accessory use in connection with any other authorized use. See also Section 11.4.05.090: Outdoor Dining, Display and Sales Standards Food and Beverage Sales Convenience Market A Limited only to concessions for snacks and beverages as an accessory use in connection with any other authorized use. Limited only to concessions for snacks and beverages as an accessory use in connection with any other authorized use. General Market A CITY OF SEAL BEACH MUNICIPAL CODE 109 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TiONS . Communication Facilities Utilities, Major Utilities, Minor Agric~itu~~I: (j~E{Ty~~s:' . I",:: ' Crop Raising Nurseries .... . ..... , ':::~!'i ' ",,, '" C C A A ....1. . I','.' A A L-1 L-1 . . . .' . "'" '. -fo.' (". ~. ~ " .' OQ'ier Use Types .1.... " . Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Temporary Use See Chapter 11.5.25: Director Determinations L-1: Limited to facilities related to and in conjunction with park and public recreational facilities. Otherwise, requires a Conditional Use Permit. L-2: Limited to trails, wildlife preserves, and open space uses that maintain the property in its natural state. No building, structure, or improvements shall be constructed in these areas, except for those required for public access, public restrooms, interpretative and educational facilities, public signage, trash containers, parking facilities, and facilities needed for protecting environmental resources and general upkeep and maintenance of the property. . CITY OF SEAL BEACH MUNICIPAL CODE 110 . . . TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TlONS 111.2.25.020 Development Standards. A. Applicable Base District. 1. Generally. The regulations of the surrounding base district shall serve as a guide for establishing appropriate development regulations. 2. Use Different From Base District Uses. In cases where structures or components of the proposed use are not addressed by the regulations of the base district, the Director may require compliance with development standards from other base districts. 3. Multiple Base Districts. In cases where there is more than one base district surrounding or abutting the property, the Director shall determine which base district regulations shall apply. 4. Director Determination. Applicants should request a Director Determination of the applicable base district pursuant to Section 11.5.25.010: Zoning Conformance Review Procedure prior to preparing an application for development. Applicants may also request an optional pre-application review as described in Chapter 11.5.10: General Procedures. B. Use Permit. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. C. Other Applicable Development Regulations. regulations shall also apply: The following l:J General Site Standards l:J Fences, Hedges, and Walls l:J Off-Street Parking and Loading l:J Sign Regulations l:J Landscaping and Buffer Yards l:J Coastal Development Permit l:J Nonconforming Uses, Structures, and Lots See Chapter 11.4.10 See Chapter 11.4.15 See Chapter 11.4.20 See Chapter 11.4.25 See Chapter 11.4.30 See Chapter 11.4.35 See Chapter 11.4.40 CITY OF SEAL BEACH MUNICIPAL CODE 111 TITLE 11 - ZONING PART 11- BASE DISTRICT REGULA TIONS S 11.2.25.025 Review of Plans. All development is subject to development review under the City's Administrative provisions, found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 112 . . . . . . Chapter 11.3.05 111.3.05.005 111.3.05.010 111.3.05.015 111.3.05.020 111.3.05.025 111.3.05.030 Chapter 11.3.10 111.3.10.005 111.3.10.010 111.3.10.015 111.3.10.020 111.3.10.025 111.3.10.030 TITLE 11 - ZONING PART III: OVERLA Y DISTRICT REGULA TIONS Part III - Overlay District Regulations Residential Conservation Overlay District Purpose and Intent Permitted Uses General Provisions Development Standards Roof-Mounted Mechanical Equipment Adoption of RC-O Overlay District Planned Development Overlay District (-PD) Purpose Procedure Additional Requirements Required Findings Conditions of Approval Effective Date, Extensions, and Modifications Chapter 11.3.15 Commercial/Park Overlay District 111.3.15.005 Conditional Use Permit Required Chapter 11.3.20 Coastal Zone Overlay District (Reserved) CITY OF SEAL BEACH MUNICIPAL CODE 1 TITLE 11 - ZONING PART /1/: o VERLA Y DISTRICT REGULA TIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 2 . . . TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TIONS Chapter 11.3.05 Residential Conservation Overlay District Sections: 111.3.05.005 111.3.05.010 111.3.05.015 111.3.05.020 111.3.05.025 111.3.05.030 Purpose and Intent Permitted Uses General Provisions Development Standards Roof-Mounted Mechanical Equipment Adoption of RC-O Overlay District 111.3.05.005 Purpose and Intent. The City Council has determined that the spirit, character, and history of the City are reflected in the historic structures located within the City, and that in the face of ever increasing pressures of modernization, locally-significant historic structures are threatened with alteration, removal, or demolition. Locally-significant historic structures are those residential structures constructed prior to 1925. This Article is enacted on the basis of public policy that supports the preservation of locally- significant residential structures within the City and the need to provide incentives for owners to continue to occupy and maintain locally-significant historic structures as "bed and breakfast" facilities within appropriate areas of the City. These locally-significant historic structures represent the City's unique historical, social and cultural foundations and should be preserved as living parts of community life and development in order to build a greater understanding of the City's past and give future generations the opportunity to appreciate, understand and enjoy the City's remaining historic heritage. This Chapter is intended to promote the public health, safety, and general welfare by: A. Integrating the preservation of locally-significant historic structures into the public and private land use management and development process at appropriate locations within the City. B. Encouraging preservation and complimentary new development within the existing "Old Town" area of the City. C. Preserving diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. CITY OF SEAL BEACH MUNICIPAL CODE 3 TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULA TlONS . D. Stabilizing neighborhoods through the preservation of locally-significant historic structures. E. Encouraging the rehabilitation and continued use of existing structures, rather than their demolition, as bed and breakfast facilities at appropriate locations within the City. F. Preserving, protecting, and enhancing streetscapes and locally- significant historic structures. S 11.3.05.010 Permitted Uses. A. district. Any use permitted or conditionally permitted in the underlying base B. The following use subject to issuance of a Conditional Use Permit and approval of a site development plan: 1. Bed and Breakfast facility. S 11.3.05.015 General Provisions. . A. Base District Uses. The uses specified in Section 11.3.05.010.A: Permitted Uses are permitted in the Residential Conservation Overlay Zone subject to the standards enumerated in the underlying base district zoning provisions. B. Overlay Zone Use. The uses specified in Section 11.3.05.010.B are permitted in the Residential Conservation Overlay District subject to compliance with the following standards: 1. Distance to Pacific Coast Highway. The subject property shall be located within 500 feet of the centerline of Pacific Coast Highway. 2. Distance to Existing Hotel/Motel. The subject property shall be located within 300 feet of an existing hotel/motel facility. 3. Minimum Lot Size. The subject property shall have a minimum 50-foot wide front yard width adjacent to a public street right-of-way, and shall be not less than 100 feet in depth. 4. Adjacent Existing Land Uses. The subject property shall not be adjacent to an existing single-family residence on adjacent lots on the same side . of the street. CITY OF SEAL BEACH MUNICIPAL CODE 4 . . . TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULA TlONS 5. Owner/Operator Requirement The recorded owner of the property shall be the operator of the bed and breakfast facility and reside on the premises. No resident managers shall be allowed to operate a bed and breakfast facility. 6. Maximum Stay. The maximum stay for any occupants of a bed and breakfast facility shall be 10 consecutive days within a 30 day period. 7. Maximum Number of Guestrooms. The maximum number of guestrooms shall not exceed 6 for any separate bed and breakfast structure. 8. Check-In/Check-Out Hours. Guests shall check in and out only between the hours of 9:00 a.m. and 8:00 p.m. 9. Single Kitchen on Property. There shall be only one kitchen within each separate structure. The kitchen shall not be remodeled into a commercial kitchen. No cooking facilities shall be permitted in the guestrooms. 10. Food Service Restricted. Breakfast shall be served to registered overnight lodgers only. No other meals shall be served. Incidental food and beverage service to registered overnight lodgers is permitted. 11. Apartments Prohibited. Bed and Breakfast facilities shall not have a separate apartment on the subject property. 12. Interior Stairways Required. There shall only be interior stairways to serve all habitable living spaces within the entire dwelling, including any basement or attic areas, except as may be approved through the Conditional Use Permit process pursuant to Chapter 11.5.20: Development Permits to preserve the architectural integrity of an existing structure. 13. Record keeping. Each bed and breakfast facility operator shall keep accurate financial records and a current guest register including names, addresses and dates of occupancy of all' guests. Upon reasonable notice such information shall be available for examination by city officials and auditors. 14. California Existing Building Code. Any exterior alteration made to a bed and breakfast facility for the rehabilitation, restoration, or relocation of such structure shall be made according to the current California Existing Building Code. CITY OF SEAL BEACH MUNICIPAL CODE 5 TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULA TlONS 15. Additional Housing Units Prohibited. No bed and breakfast facility shall be located in an attached dwelling unless said interior is modified to eliminate any attached dwelling units, exclusive of the resident operator living unit. . 16. Allowable Area for Rental Units. Bedroom rental units shall not occupy more than 60 percent of the living space of the subject structure. 17. Required Number of Parking Spaces. A minimum of 1 off- street parking space shall be provided for each guestroom, and a minimum of 1 off- street parking space shall be provided for the resident owner. 18. Required Type and Location of Parking Spaces. Required off-street parking shall be provided within a garage for the owner's unit only; guest parking spaces may be provided in a carport, driveway, or open parking area. a. Where feasible, parking areas shall be provided at the rear or side of the property, but in no case shall parking be provided within the established front yard. b. When unenclosed parking spaces are located next to a residence, the unenclosed parking spaces shall be screened and maintained with dense planting or other appropriate screening to buffer the parking area from abutting properties. c. No more than 25 percent of said required parking may be . located upon a separate parcel. as specified in Section 11.4.20.025.B: Property on Which Parking and Loading Must be Provided. Said parking to be provided on a separate parcel shall require Conditional Use Permit approval, including a parking management plan, prior to any utilization of said parking areas. Upon reasonable notice such off-site parking availability may be confirmed by visual inspection by city officials. d. The required on-site parking requirements for a bed and breakfast facility may be met by the provision of additional on-street parking spaces as a result of the closure of existing curb cuts, not to exceed a maximum of 1 space. 19. Sign Standards. Signage shall be limited to a single sign affixed to the structure not exceeding 6 square feet in area identifying the name of the establishment. No internally illuminated or luminous tube signs shall be permitted. External lighting is permitted and shall be turned off no later than 10:30 p.m. 20. Incidental Sales of Goods and Services. Incidental sales of goods and services shall be permitted, but shall be limited to registered guests only. 21. Private Reception Standards. No receptions, private parties, or similar activities for which a fee is paid shall be permitted. . CITY OF SEAL BEACH MUNICIPAL CODE 6 . . . TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TIONS 22. Compliance with Other Agency Requirements. All requirements of the Orange County Fire Authority and Orange County Health Department shall be met, except as may be modified in accordance with the provisions of subsection 14 above. 23. Compliance with Municipal Code Provisions. Bed and breakfast facilities shall be subject to the same use and occupancy taxes levied for motels and hotels within Title 4: Revenue and Finance, and Title 5: Business I Licenses and Regulations of the Seal Beach Municipal Code. 24. Americans with Disabilities Act. All structures shall fully comply with the provisions of the Americans with Disabilities Act. 25. Property Tax Abatements Prohibited. The property owner agrees to not seek any property tax abatements that may be applicable in Federal, State, or local law. 26. Addition to Structure Limitations. Any addition to a structure shall constitute no more than 50 percent of the total square footage of the original floor plan as provided by as-built plans of the existing structure, verified through review of site development plans and field inspections. 27. Conversion to Multi-Family Dwelling Prohibited. A bed and breakfast facility shall not be permitted to be converted to a multi-family dwelling as defined in Chapter 11.6.05: Terms and Definitions. S 11.3.05.020 Development Standards. The RC-O District includes additional regulations and uses over and above the base zoning of a particular property to encourage preservation of existing locally- significant residential structures. To permit orderly development and preservation of these locally-significant residential structures, the following standards shall apply: A. Relocated structures. Relocated structures shall comply with current open space, bulk, and yard standards of the base zone. B. Exception. Relocated structures may be permitted without a variance approval for side yard setbacks as long as a minimum 3-foot side yard setback is maintained and the deviation does not exceed 25 percent of the size of the setback required by the base zoning provision. Relocated structures exceeding the height and main building envelope requirements shall be permitted without modification to the structure in order to preserve the historical significance and architectural integrity of the structure. CITY OF SEAL BEACH MUNICIPAL CODE 7 TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TlONS S 11.3.05.025 Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be architecturally screened and approved by the Conditional Use Permit. See Section 11.4.10.015: Mechanical Equipment Screening. S 11.3.05.030 Adoption of RC-O Overlay District The adoption of the RC-Q Overlay District in accordance with the provisions of Chapter 11.5.15: Legislative Actions and Chapter 11.5.10: General Procedures of this Title to a specific property shall be required before any property in the RC-O District may be developed or used for the purpose set forth in Section 11.3.05.010: Permitted Uses, above. CITY OF SEAL BEACH MUNICIPAL CODE 8 . . . . . . TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULA TIONS Chapter 11.3.10 Planned Development Overlay District (-PO) Sections: S 11.3.10.005 S 11.3.10.010 S 11.3.10.015 S 11.3.10.020 S 11.3.10.025 S 11.3.10.030 Purpose Procedure Additional Requirements Required Findings Conditions of Approval Effective Date, Extensions, and Modifications S 11.3.10.005 Purpose. The purpose of the -PD Planned Development Overlay District is to provide for detailed and substantial review of development that warrants special review and deviations from underlying development standards. This overlay district is also intended to provide opportunities for creative development approaches that will achieve superior design solutions to that which would be possible if the project were built in full compliance with the required standards of the base district, and will not cause a significant adverse impact on residences to the side, rear, or directly across a street with respect to solar access, privacy and compatibility. S 11.3.10.010 Procedure. The approval of a Planned Development Plan, and amendment thereto and the corresponding amendment to the official zoning map to create or amend the "_ PD" Planned Development Overlay District are legislative acts. See also Chapter 11.5.15: Legislative Acts. A. Land Use and Density Regulations. The land use and density requirements within a -PD Planned Development Overlay District shall be those of the underlying base district. . B. Process. An application for a Planned Development and any amendment to the Plan shall be processed in accordance with the procedure for conditional use permits set forth in Chapter 11.5.10: General Procedures and Chapter 11.5.20: Development Permits. Any corresponding amendment to the official zoning map shall be processed concurrently in accordance with the procedure for zone changes set forth in Chapter 11.5.10: General Procedures and Chapter 11.5.15: Legislative Actions. CITY OF SEAL BEACH MUNICIPAL CODE 9 TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TIONS C. Modification of Standards. The City Council may approve a Planned Development Plan that deviates from the minimum lot area, yard requirements, building heights, and other physical development standards defined in the base district, while ensuring compliance with the land use and density requirements of the base district. Physical development standards may be modified if the Planned Development Plan includes examples of superior community design, environmental preservation andlor public benefit amenities, and the City Council makes the findings required by Section 11.3.10.020: Required Findings. . S 11.3.10.015 Additional Requirements. A. Required Pre-Application Study Session. Prior to submitting an application for a Planned Development Plan an applicant proposing a project over 1 acre in gross area or that includes publicly-owned land shall schedule a pre- application study session with the Planning Commission to discuss the general acceptability of the project proposal, issues that need to be addressed, and the need, if any, for any interagency coordination. Such preliminary consultations shall be considered advisory in nature and shall not constitute a recommendation of approval. . B. Supplemental Application Material. The Applicant shall submit additional information as required by the Director including the following items: . 1. Project Boundaries. A map showing the proposed project boundaries, the perimeter of the ownership, location and dimensions of any existing property lines and easements within the site, the location of buildings, roads, parking, trees and open areas designated for retention or removal, and the locations and capacities of existing utilities in the vicinity of the site and any proposed extensions to the site. A tentative map may be substituted for this requirement if the applicant proposes to subdivide the property. Any tentative map shall comply with the provisions of Article 10: Subdivisions; Chapter 10.20: Tentative Map Filing and Processing. 2. Topographic Map. A topographic map showing the existing and proposed changes in topography of the site with contours at not more than 2- foot intervals, including the degree of land disturbance, the location of drainage channels or water courses, and the direction of drainage flow. 3. Site Plan. A site plan showing the precise dimensions and locations of proposed structures, buildings, streets, parking, yards, pathways, open spaces, and other public or private facilities. The site plan shall also indicate all proposed uses or activities to be conducted on the site, with related floor area or calculations of site area to be devoted to such uses. . CITY OF SEAL BEACH MUNICIPAL CODE 10 . . . TITLE 11 - ZONING PART 11/: OVERLA Y DISTRICT REGULA TlONS 4. Architectural Concepts. Plans showing architectural concepts of the proposed building including heights, design, exterior materials of proposed buildings, other structures, fencing, and signage. 5. Development Schedule. A preliminary development schedule, indicating the sequence and timing of development and the priorities of any phased development. 6. Open Space Plan. A proposed open space plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property,: and a description of intended improvements to the open space areas of the proposed Planned Development. 7. Preliminary Engineering Plans. Preliminary engineering plans showing site grading, and amount of cut and fill, including finished grades, and proposed water retentionldrainage facilities. - 8. Statement Regarding Compliance with Findings. Written statement and illustrations to demonstrate how the planned development will fulfill the intent of the Zoning Code and the General Plan, meets the required findings" and providee superior community design, environmental preservation, andlor public benefit amenities. 9. Other Information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a Planned Development Plan. S 11.3.10.020 Required Findings. The City shall approve a -PD Overlay District Zoning Map Amendment and Planned Development Plan only if all of the following findings are made: A. The project meets all of the findings required for a conditional use permit pursuant to Section 11.5.20.015: Required Findings and the finding that the approved plan is consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan and any specific plan. B. Development within the -PD Overlay District is demonstratively superior to the development that could occur under the standards applicable to the underlying base district and will achieve superior community design, environmental preservation, andlor substantial public benefit. In making this determination, the following factors shall be considered: 1. Appropriateness of the use(s) at the proposed location. CITY OF SEAL BEACH MUNICIPAL CODE 11 TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULA TIONS . 2. The mix of uses, housing types, and housing price levels. 3. Provision of units affordable to persons and families of low and moderate income or to lower income households. 4. Provision of infrastructure improvements. 5. Provision of open space. 6. Compatibility of uses within the development area. 7. Quality of design, and adequacy of light and air to the interior spaces of the buildings. 8. Overall contribution to the enhancement of neighborhood character and the environment of Seal Beach in the long term. 9. Creativity in design and use of land. 111.3.10.025 Conditions of Approval. . In approving a Planned Development Plan, the City may impose any reasonable conditions to: A. Ensure that the proposal conforms in all significant respects with the Seal Beach General Plan and with any other applicable specific plans. B. Achieve the general purposes of this Zoning Code or the specific purpose of the zoning district in which the project is located. C. Achieve the findings for a Planned Development listed in Section 11.3.10.020: Required Findings. D. Mitigate any potentially significant impacts. 111.3.10.030 Effective Date, Extensions, and Modifications. Planned Development Plans become effective on the day the ordinance adopting the plan becomes effective. The Code provisions relating to amendments . and modifications in Chapter 11.5.10: General Procedures applicable to specific plans apply to Planned Development Plans subject to the following limitations: . CITY OF SEAL BEACH MUNICIPAL CODE 12 . . . TITLE 11 - ZONING PART III: OVERLA Y DISTRICT REGULA TlONS A. Tentative Map. Where a tentative map has been approved in conjunction with a -PD Overlay District project, the Planned Development Plan shall expire upon the expiration of the tentative map pursuant to the provisions of Title 10: Subdivisions. B. Phased Development. In the event that the City approves phased development, the Planned Development Plan shall remain in effect so long as not more than 1 year lapses between the end of a phase and the beginning of the next phase. CITY OF SEAL BEACH MUNICIPAL CODE 13 TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 14 . . . TITLE 11 - ZONING PART 11/: OVERLA Y DISTRICT REGULA TIONS Chapter 11.3.15 Commercial/Park Overlay District Sections: 111.3.15.005 Conditional Use Permit Required 111.3.15.005 Conditional Use Permit Required. An applicant may apply for a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits and Chapter 11.5.10: General Procedures to develop hotel andlor service commercial uses on property. within the Commercial/Park Overlay District. Seventy percent of any parcel within this zone shall be devoted to park uses with unrestricted access to the public. CITY OF SEAL BEACH MUNICIPAL CODE 15 TITLE 11 - ZONING PART III: o VERLA Y DISTRICT REGULATIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 16 TITLE 11 - ZONING PART 11/: o VERLA Y DISTRICT REGULA TIONS . Chapter 11.3.20 Coastal Zone Overlay District (Reserved) . . CITY OF SEAL BEACH MUNICIPAL CODE 17 TITLE 11.- ZONING PART /II: o VERLA Y DISTRICT REGULA TlONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 18 . CHAPTER 11.4.05 . i 11.4.05.005 i 11.4.05.010 i 11.4.05.015 i 11.4.05.020 i 11.4.05.025 i 11.4.05.030 i 11.4.05.035 i 11.4.05.040 i 11.4.05.045 i 11.4.05.050 i 11.4.05.055 i 11.4.05.060 i 11.4.05.065 i 11.4.05.070 i 11.4.05.075 i 11.4.05.080 i 11.4.05.085 i 11.4.05.090 i 11.4.05.095 i 11.4.05.100 i 11.4.05.105 i 11.4.05.110 i 11.4.05.115 i 11.4.05.120 i 11.4.05.125 i 11.4.05.130 i 11.4.05.135 i 11.4.05.140 CHAPTER 11.4.10 . i 11.4.10.005 i 11.4.10.010 i 11.4.10.015 i 11.4.10.020 i 11.4.10.025 i 11.4.10.030 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Part IV - Regulations Applying In Some or All Districts STANDARDS FOR SPECIFIC USES Applicability Accessory Business Uses and Activities Alcoholic Beverage Establishments Animal Keeping Assisted Living Facilities Automated Teller Machines (ATMs) Automobile Service Stations AutomobileNehicle Sales and Services Child Day Care Facilities Drive-In and Drive-Through Facilities Extended Hour Businesses Home Occupations Kiosks Liquor Stores Manufactured Housing Meeting Facilities, Private Schools, and Similar Institutional Uses News and Flower Stands Outdoor Dining, Display and Sales Standards Recycling Facilities Residential Accessory Uses and Structures Residential Care Facilities Residential Uses - Multi-Unit Project Standards Residential Uses - Second Dwelling Units Restaurant - Alcohol Sales Senior Citizen Apartments and Independent Living Facilities Temporary Structures, Trailers, and Modular Units Vacation Rentals Warehouse Retail and 'Large-Scale Commercial Projects GENERAL SITE STANDARDS Applicability Development on Lots Divided by District Boundaries Mechanical Equipment Screening Performance Standards Recycling and Solid Waste Facilities Swimming Pools and Hot Tubs CITY OF SEAL BEACH MUNICIPAL CODE 1 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.10.035 Underground Utilities . S 11.4.10.040 Street and Highway Dedications and Improvements S 11.4.10.045 Solar Energy Systems CHAPTER 11.4.15 FENCES, HEDGES AND WALLS S 11.4.15.005 Applicability S 11.4.15.010 General Height Limitations S 11.4.15.015 Height Limitations for Retaining Walls S 11.4.15.020 Measurement of Fence or Wall Height S 11.4.15.025 Special Wall and Fencing Requirements S 11.4.15.030 Restrictions on Fence Materials S 11.4.15.035 Authority to Waive or Modify Requirements CHAPTER 11.4.20 OFF-STREET PARKING AND LOADING S 11.4.20.005 Applicability S 11.4.20.010 Review Procedure S 11.4.20.015 Required Off-Street Parking Spaces S 11.4.20.020 Parking Reductions S 11.4.20.025 General Parking Design Standards . S 11.4.20.030 Driveways S 11.4.20.035 Required Off-Street Loading S 11.4.20.040 Parking Structures S 11.4.20.045 Required Bicycle Parking CHAPTER 11.4.25 SIGN REGULATIONS S 11.4.25.005 Applicability S 11.4.25.010 Exempt Signs S 11.4.25.015 Prohibited Signs S 11.4.25.020 Temporary Banners. S 11.4.25.025 Signs - Commercial, Mixed-Use, and Other Non-Residential Districts S 11.4.25.030 Signs - Residential.Districts S 11.4.25.035 Temporary Signs S 11.4.25.040 General Provisions for All Sign Types S 11.4.25.045 Procedures for Sign Approval S 11.4.25.050 Maintenance, Abandonment, and Removal S 11.4.25.055 Legibility of Signs S 11.4.25.060 Materials S 11.4.25.065 Changeable Copy S 11 ~4.25.070 Historic Signs . S 11.4.25.075 Illegal Signs CITY OF SEAL BEACH MUNICIPAL CODE 2 . CHAPTER 11.4.30 S 11.4.30.005 S 11.4.30.010 S 11.4.30.015 S 11.4.30.020 S 11.4.30.025 S 11.4.30.030 S 11.4.30.035 S 11.4.30.040 S 11.4.30.045 S 11.4.30.050 CHAPTER 11.4.35 CHAPTER 11.4.40 . S 11.4.40.005 S 11.4.40.010 S 11.4.40.015 S 11.4.40.020 S 11.4.40.025 S 11.4.40.030 S 11.4.40.035 S 11.4.40.040 S 11.4.40.045 S 11.4.40.050 S 11.4.40.055 S 11.4.40.060 S 11.4.40.065 CHAPTER 11.4.45 " . S 11.4.45.005 ." TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS LANDSCAPING AND BUFFER YARDS Applicability Landscape and Irrigation Plans Areas to be Landscaped General Landscaping Standards Parking Lot Landscaping Standards Required Street Trees Landscape Installation and Maintenance Buffer Yards Water Efficient Landscaping Invasive Plant Species COASTAL DEVELOPMENT PERMIT (RESERVED) NONCONFORMING USES, STRUCTURES, AND LOTS Applicability Maintenance and Repair of Nonconforming Structures Minor Improvements to Nonconforming Residential Structures Structural Alterations or Additions to Single Unit Residences Require A Conditional Use Permit (All Residential Districts) Valuation of Improvements Nonconforming Multi-Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions Changes, Substitutions or Expansions of Nonconforming Uses Conditional Use Permit to Change Nonconforming Status Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses Restoration of Damaged Nonconforming Uses and Structures Nonconforming Historic Buildings Nonconforming Use of Land Where No Structure Involved Nonconforming Lots TRANSPORTATION DEMAND MANAGEMENT Purpose and Intent CITY OF SEAL BEACH MUNICIPAL CODE 3 S 11.4.45.010 S 11.4.45.015 S 11.4.45.020 S 11.4.45.025 S 11.4.45.030 S 11.4.45.035 CHAPTER 11.4.50 S 11.4.50.005 S 11.4.50.010 S 11.4.50.015 CHAPTER 11.4.55 S 11.4.55.005 S 11.4.55.010 S 11.4.55.015 S 11.4.55.020 S 11.4.55.025 S 11.4.55.030 CHAPTER 11.4.60 S 11.4.60.005 S 11.4.60.010 S 11.4.60.015 S 11.4.60.020 S 11.4.60.025 S 11.4.60.030 S 11.4.60.035 S 11.4.60.040 S 11.4.60.045 S 11.4.60.050 S 11.4.60.055 S 11.4.60.060 CHAPTER 11.4.65 S 11.4.65.005 S 11.4.65.010 S 11~4.65.015 111.4.65.020 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Definitions Application Development Standards Property Owner Responsibility Enforcement and Penalties Appeal . ADULT BUSINESSES Zone Conformance Application Approval or Denial of Zone Conformance Location Criteria AFFORDABLE HOUSING BONUS General Affordable Housing Provisions State Affordable Housing Density Bonus State Childcare Facility Density Bonus Affordable Housing Concessions and Incentives Administration Density Bonuses for Housing Developments Accompanied by Land Donation . HAZARDOUS WASTE FACILITIES Purpose Definitions Applicability Procedure Applicant Requirements Environmental Review Local Assessment Committee Public Hearings Findings Appeals Facility Siting Criteria and Permitting Requirements Special Development Requirements TATTOO ESTABLISHMENTS . Permit Requirement Definitions Location License Requirements . CllY OF SEAL BEACH MUNICIPAL CODE 4 . . . S 11.4.65.025 S 11.4.65.030 S 11.4.65.035 S 11.4.65.040 S 11.4.65.045 S 11.4.65.050 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Maintenance of Premises Source of Dyes and Inks Maintenance of Pigments, Dyes and Equipment Maintenance of Stencils Tattooing Operations Inspections: Health Services Fee Schedule CHAPTER 11.4.70 S 11.4.70.005 S 11.4.70.010 111.4.70.015 111.4.70.020 111.4.70.025 111.4.70.030 111.4.70.035 111.4.70.040 CHAPTER 11.4.75 111.4.75.005 111.4.75.010 111.4.75.015 CHAPTER 11.4.80 111.4.80.005 111.4.80.010 111.4.80.015 111.4.80.020 111.4.80.025 111.4.80.030 111.4.80.035 111.4.80.040 111.4.80.045 111.4.80.050 111.4.80.055 111.4.80.060 111.4.80.065 111.4.80.070 WIRELESS TELECOMMUNICATIONS FACILITIES Purpose Definitions Applicability Submittal Requirements Additional Standards Procedures Required Findings Exercise of Permits; Cessation COMMON INTEREST DEVELOPMENTS Permit Requirement Site Planning and Design Standards Residential Projects - Conditions, Covenants, and Restrictions (CC&Rs) CONDOMINIUM CONVERSIONS Purpose Permit Requirement Date of Conversion Application Requirements Public Hearing Notice Physical Development Standards Tenant Rights Vacation of Units Increase in Rents Moving Expenses Notice to New Tenants Project Reports: Copy to Buyers Disturbance to Tenants During Conversion Exception - Leisure World CllY OF SEAL BEACH MUNICIPAL CODE 5 CHAPTER 11.4.85 111.4.85.005 111.4.85.010 111.4.85.015 111.4.85.020 111.4.85.025 S 11.4.85.030 S 11.4.85.035 111.4.85.040 Chapter 11.4.90 TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS USE CLASSIFICATONS Applicability Classification of Uses Residential Use Classifications Public, Semipublic and Service Use Classifications Commercial Use Classifications Industrial Use Classifications Transportation, Communication, and Utilities Use Classifications Agriculture Use Classifications HISTORIC PRESERVATION (Reserved) CllY OF SEAL BEACH MUNICIPAL CODE 6 . . . . . . Sections: 111.4.05.005 111.4.05.010 111.4.05.015 111.4.05.020 S 11.4.05.025 111.4.05.030 S 11.4.05.035 111.4.05.040 111.4.05.045 111.4.05.050 111.4.05.055 111.4.05.060 111.4.05.065 111.4.05.070 111.4.05.075 111.4.05.080 111.4.05.085 111.4.05.090 111.4.05.095 111.4.05.100 S 11.4.05.105 111.4.05.110 111.4.05.115 111.4.05.120 111.4.05.125 111.4.05.130 111.4.05.135 111.4.05.140 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.05 Standards for Specific Uses Applicability Accessory Business Uses and Activities Alcoholic Beverage Establishments Animal Keeping Assisted Living Facilities Automated Teller Machines (A TMs) Automobile Service Stations AutomobileNehicle Sales and Services Child Day Care Facilities Drive-In and Drive-Through Facilities Extended Hour Businesses Home Occupations Kiosks Liquor Stores Manufactured Housing Meeting Facilities, Private Schools, and Similar Institutional Uses News and Flower Stands Outdoor Dining, Display and sales Standards Recycling Facilities Residential Accessory Uses and Structures Residential Care Facilities Residential Uses - Multi-Unit Project Standards Residential Uses - Second Dwelling Units Restaurant - Alcohol Sales Senior Citizen Apartments and Independent Living Facilities Temporary Structures, Trailers, and Modular Units Vacation Rentals Warehouse Retail and Large-Scale Commercial Projects CllY OF SEAL BEACH MUNICIPAL CODE 7 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.05.005 Applicability. This Chapter establishes standards applicable to specific uses listed in Part II: Base Districts, that are in addition to standards listed in this Zoning Code including, but not limited to, development standards in the base zoning districts, Chapter 11.4.10: General Site Standards, Chapter 11.4.15: Fences, Hedges and Walls, Chapter 11.4.20: Off-Street Parking and Loading, Chapter 11.4.25: Sign Regulations, Chapter 11.4.30: Landscaping and Buffer Yards, and Chapter 11.4.35: Coastal Development Pennit. Where a standard of this Chapter conflicts with another provision of this Zoning Code, the stricter standard shall apply. 111.4.05.010 Accessory Business Uses and Activities. This section establishes minimum standards for the development and operation of accessory manufacturing, and accessory retail sales and services that are located within, and incidental to a primary commercial use. Examples of these uses include the manufacture of small products in support of an on-site retail business that is the primary use of the site, food service businesses within office complexes, pharmacies and gift shops within hospitals, and other similar uses. The intent of these standards is to provide for accessory business activities that will . support the primary use, but will not supplant the dominance of the primary use. A. Relationship to Primary Use. 1. Exterior Appearance. Accessory uses are allowed, provided there will be only minor external evidence of the accessory commercial activity, so that the appearance of the site is defined by the primary use. 2. Public Access. Public access to the accessory use shall only be from within the structure which houses the primary use. 3. Floor Area Limitation. The floor area of the accessory use shall not exceed 1,000 square feet or 20 percent of the total floor area of the primary use, whichever is less. B. Commercial Zoning Districts. 1. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hotels, hospitals, and other medical facilities, to serve the needs of employees and guests, and pharmacies are allowed within hospitals and other medical facilities. A restaurant that is proposed to serve other than office, hotel, hospital or medical facility guests shall require . CllY OF SEAL BEACH MUNICIPAL CODE 8 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS separate approval as a restaurant in compliance with Section 11.4.05.120: Restaurant - Alcohol Sales. 2. Light assembly or manufacturing is allowed in the commercial zoning districts for the creation or manufacture of small clothing, art and craft products (e.g., apparel, jewelry, sculpture), accessory to on-site retail sales. The use of toxic or otherwise hazardous chemicals or materials shall comply with all state and federal requirements. C. Criteria for Approval. An accessory manufacturing, retail, or service use shall be allowed only where the Director first determines that the use will not result in harm to adjoining existing or potential residential use due to excessive noise, traffic, or other adverse effects generated by the accessory use. . D. Allowable Incidental Business Activities. 1. Allowed Uses. The following activities are allowed when deemed incidental to a legally established commercial business, and when conducted in compliance with the standards identified in subsection 0.5, below: a. Book or poetry readings in a cafe, restaurant, or bar; b. Fashion show in a cafe, restaurant, or bar; c. Parlor games or party games in a cafe, restaurant, or bar; d. Live, unamplified tableside entertainment performed by a single individual (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, or cafe; and e. Other uses as determined by the Director to be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood. 2. Prohibited Uses. The following are prohibited as incidental uses: a. Dancing; b. Karaoke; c. Live music with amplified instruments; and d. Stand-up performances from a stage and amplified performances, such as by singers, musicians, comedians or magicians. 3. Incidental Related Activities. Incidental activities customarily related to the main business use (for example, exhibition of a specific artist's work, including an opening reception in an art gallery; book reading or signing in a bookstore) in compliance with Chapter 11.5.25: Director Detenninations shall comply with the applicable standards identified in subsection 0.5, below, but shall be exempt from the permit requirements of following subsection 0.4. CllY OF SEAL BEACH MUNICIPAL CODE 9 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 4. Permit Required. The incidental activities allowed by this section shall require City approval as follows: a. For an activity that will occur less than weekly no permit is required. b. For an activity that will occur once a week, the Director's approval of an Administrative Use Permit in compliance with Chapter 11.5.20: Development Pennits. c. For an activity that will occur more than once a week, approval of a Conditional Use Permit in compliance with Chapter 11.5.20: Development Pennits. The Director may amend the specified days and times allowed in an approved permit, without the public hearing and with noticing as required for an Administrative Use Permit, provided that the amendment does not increase the total number of days or amount of time for the allowed activity. 5. Development Standards. In order for the accessory use to be "incidental," all activities shall comply with the following operational standards: a. Location. The incidental activity shall occur only within the interior area of the business, alongside the regular business activity without . replacing it at any time. b. Frequency. The review authority shall determine the total number of incidental activities to be allowed. The specific days of the week and times allowed shall be specified in the permit. c. Outside Promoters. The incidental activity shall be part of the primary business use and shall not be sponsored by an outside promoter; however, an activity may benefit a non-profit organization directly engaged in civic or charitable efforts. d. Admission Charges. There shall not be admission charges to enter the business or any other cover charges based on the incidental activity. e. Noise Impacts. All activities shall comply with Section 11.4.10.020.B: Noise. f. Traffic and Parking. The incidental activity must not generate enough additional traffic to warrant the need for additional off-street parking on a regular basis. g. Adverse Impacts on Adjacent Areas. The incidental activity shall not cause any additional adverse impacts on neighboring residential or commercial property owners or tenants. . CllY OF SEAL BEACH MUNICIPAL CODE 10 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 111.4.05.015 Alcoholic Beverage Establishments. A. Permit Requirement Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Pennits is required for all alcoholic beverage establishments. B. Compliance with City Council Policy. The Conditional Use Permit shall include all appropriate conditions of City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses. C. Display of Permit Required. The Conditional Use Permit issued for the alcoholic beverage establishment and a copy of the conditions of approval for the permit shall be displayed on the premises of the establishment in a place where it may readily be viewed by any member of the general public. D. Considerations for Approval of a Conditional Use Permit. In making the findings required for the approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Pennits, the following additional issues shall also be considered. 1. Undue Concentration. Whether the proposed use will result in an undue concentration of establishments dispensing alcoholic beverages, pursuant to the regulations of the California Department of Alcoholic Beverage Control. 2. Distance to Sensitive Land Uses. The distance of the proposed use from the following: a. Residential uses; b. Religious facilities, schools, libraries, public parks and playgrounds, and other similar uses; and c. Other establishments dispensing alcoholic beverages. 3. Noise Levels. Whether the noise levels generated by the operation of the establishment would exceed the level of background noise normally found in the area or would otherwise be intrusive. E: Nonconforming Uses and Structures. Alcoholic beverage retail establishments that were legally operating prior to the adoption of Ordinance No. 1348, January 27, 1992, may continue to operate as nonconforming uses in compliance with the provisions of Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. In addition to those provisions, nonconforming establishments shall be required to apply for a Conditional Use Permit in compliance with Chapter 11.5.20: Development Pennits, if any of the following occur: CllY OF SEAL BEACH MUNICIPAL CODE 11 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 1. The existing establishment requests permission from the ABC to allow the serving of distilled spirits in addition to its original license to sell or serve beer and wine only; . 2. The establishment's liquor license is revoked; 3. The establishment's liquor license is suspended for more than 45 days by the ABC; or 4. There is a proposed expansion of the area within the establishment that is designated for the sale or consumption of alcoholic beverages. 111.4.05.020 Animal Keeping. Where allowed by Part II: Base District Regulations, animal keeping shall comply with the regulations of this Section. A. Type and Number of Animals Allowed. The keeping of animals and birds for non-commercial purposes shall be limited to the following number of animals. Any animal or number of animals other than the following shall be prohibited. 1. Four or less weaned cats and dogs in any combination; . and 2. Six parakeets, parrots, canaries, or similar birds kept indoors; 3. Six reptiles (turtles, lizards or snakes and the like). B. Reptile Location Requirements. Reptiles maintained on a property out of doors shall be kept in a fully enclosed structure located a minimum distance of 10 feet from any lot line, 50 feet from any dwelling unit, and 100 feet from any school, hospital, or similar institution. S 11.4.05.025 Assisted Living Facilities. A. Applicability. The following criteria apply to all assisted living facilities, inCluding congregate care, board and care, and skilled nursing facilities. Congregate care housing facilities are multi-unit residential projects reserved for senior citizens, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation. See also Section 11.4.05.125: Senior Citizen Apartments and Independent Living Facilities. . CllY OF SEAL BEACH MUNICIPAL CODE 12 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS B. Permit Requirement. Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Pennits is required to construct and operate assisted living facilities, including congregate care, board and care, and skilled nursing facilities. C. General Standards. All assisted living facilities are subject to the following standards: 1. Compatibility with Surrounding Properties. The use does not create impacts on surrounding properties and neighborhoods that are more significant than would be caused by standard multi-unit rental projects. 2. Provision of Common Areas. Common indoor business, recreational, and social activity areas of a number, size, and scale consistent with the number of living units shall be provided, with not less than 5 percent of the total indoor floor area devoted to educational, recreational, and social facilities (e.g., library, multi-purpose common room, recreation room, TV room). 3. Laundry Facilities. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units. 4. Residency Limitations. Residents shall be limited to those in need of an assisted living environment, together with a spouse or partner in each unit. 5. Conversion to other Residential Living Type. If a congregate care/assisted living facility approved in compliance with this Section is changed to another use (for example, the project converts to a conventional unrestricted multi- unit project), the project shall be modified to meet all applicable standards of this Zoning Code. 6. Required Safety Equipment Indoor common areas and living units shall be provided with necessary safety equipment (e.g., safety bars), as well as emergency signal/intercom systems, subject to the approval of the Director and Building Official. 7. Security lighting. Adequate internal and external lighting shall be provided for security purposes. The external lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the surrounding neighborhood, in compliance with Section 11.4.10.020.A: Lighting. 8. Premises Security. The entire project shall be designed to provide maximum security for residents, guests, and employees. CllY OF SEAL BEACH MUNICIPAL CODE 13 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 9. Allowable Common Facilities. The project may provide 1 or more of the following specific common facilities for the exclusive use of the residents: a. Beauty and barber shop; b. Central cooking and dining rooms (may also be used by guests); c. Exercise rooms; and d. Small scale drug store andlor medical facility as an ancillary use only. 10. Transit Facilities. Transit facilities shall be provided as follows: a. A bus turnout and shelter along the street frontage shall be provided if the facility is on an established bus route, and is coordinated with the transit authority. b. Facilities with 50 or more dwelling units shall provide private dial-a-ride transportation shuttles, with the exact number and schedule to be determined by the review authority. 111.4.05.030 Automated Teller Machines (A TMs). A. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Pennits is required to establish an A TM on the . exterior of a structure. B. shall be: Location Requirements. ATMs proposed on the exterior of structures 1. Set back from an adjacent street curb by a minimum of 8 feet; 2. Located a minimum of 30 feet from any property line corner at a street intersection; 3. Located to not eliminate or substantially reduce any landscaped areas; 4. Drive-through access to an A TM from a vehicle shall comply with Section 11.4.05.050: Drive-In and Drive- Through Facilities; and 5. Be approved by the Director or the City Engineer to ensure safety and adequate circulation area around the ATM. C. Architectural Design. All construction and modifications to the exterior of the structure pertaining to the installation of an A TM shall be completed in a manner consistent with the architectural design of the structure. . CllY OF SEAL BEACH MUNICIPAL CODE 14 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS D. Trash Disposal. Each exterior A TM shall be provided with a receptacle sufficient in size and design to safely accommodate daily trash and any smoking materials discarded by users of the ATM. E. Lighting. Each exterior A TM shall be provided with security lighting in compliance with Section 11.4.10.020.A: Lighting, or State law, whichever is most restrictive. S 11.4.05.035 Automobile Service Station. Requirements for the establishment, reconstruction, and operation of automobile service stations shall be subject to the following criteria and standards: A Permit Requirement The establishment of a new service station, or the reconstruction, enlargement or alteration of an established service station, may be approved only through the granting of a Conditional Use Permit. In addition to all other application materials required for the Conditional Use Permit the applicant shall also provide a photo-simulation showing the new or remodeled service station facilities in place on the project site, together with its relationship to existing surrounding land uses. The Commission shall make the following findings in addition to the findings required by Chapter 11.5.20: Development Pennits: 1. The proposed use will not substantially increase vehicular traffic on any public rights-of-way in the immediate vicinity, especially those serving residential uses; 2. The proposed use will not create increased traffic hazards to pedestrians when located near a religious institution, school, theater, or other place of assembly; and 3. The products offered for sale will be displayed with consideration to their visual impacts. B. Automobile Service Station Development and Operational Standards. New and reconstructed service stations shall comply with the following standards: 1. Major Intersections. Service stations shall be allowed only at the intersections of either 2 major streets or at the intersections of a major street and a primary, secondary or minor street. 2. Maximum Number of Stations at an Intersection. A maximum of 2 service stations shall be allowed at an intersection. CllY OF SEAL BEACH MUNICIPAL CODE 15 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . square feet. 3. Minimum Site Area. The minimum site area shall be 22,500 4. on each street. Minimum Frontage. The minimum frontage shall be 150 feet 5. Minimum Street Setbacks. Structures shall be set back at least 30 feet from a street property line. 6. Minimum Side and Rear Setbacks Adjacent to Residential Districts. Structures shall be set back at least 30 feet from the side and rear property lines where the adjoining parcels are located in a residential zoning district. 7. Minimum Side and Rear Setbacks Adjacent to Non- Residential Districts. The setback shall be determined by the Conditional Use Permit when structures are adjacent to non-residential zoning districts. 8. Vehicular Access Points. There shall be no more than 2 vehicular access points tolfrom each pubic right-of-way; 9. Distance between Curb Cuts. There shall be a minimum . distance of 30 feet of full height curb between curb cuts along a pubic right-of-way. 10. Location of Driveways. Driveways shall not be located closer than 25 feet to the end of a curb corner; closer than 25 feet to a common property line when adjacent to a residential district; and at a location approved by the reviewing authority when the adjoining property is located in a commercial or industrial district. 11. Driveway Widths. The width of a driveway shall not exceed 25 feet, measured at the sidewalk. 12. Parking. On-site parking shall be provided at a minimum ratio of 1 space for each pump island; plus' 1 space for each service bay; and if a convenience market is provided, additional parking to serve the convenience market shall be provided in compliance with Chapter 11.4.20: Off-Street Parking and Loading. 13. Pump Islands. a. Pump islands shall be set back a minimum of 30 feet from any residential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 12 feet within this distance. . CllY OF SEAL BEACH MUNICIPAL CODE 16 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS b. Pump islands shall be set back a minimum of 20 feet from any non-residential property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 12 feet within this distance, but no closer than 8 feet to the property line. c. When the property line is a public right-of-way line, an area of at least 4 feet in width along the line shall be landscaped in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. 14. Cashier Location. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands. 15. Canopies. Canopy height shall be limited to a maximum of 18 feet. 16. Signs. All on-site signs shall be in compliance with Chapter 11.4.25: Sign Regulations. 17. Landscaping. Landscaping shall comprise a minimum of 15 percent of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those identified in Chapter 11.4.30: Landscaping and Buffer Yards: a. A minimum 4-foot wide, inside dimension, and 6-inch high curbed landscaped planter area shall be provided along the street property lines, except for openings to facilitate vehicular circulation, and along side and rear property lines adjoining residentially zoned properties; b. Where the planter area(s) is adjoining a peripheral wall, trees planted not more than 16 feet apart shall be included in the planter area(s) which shall be a minimum of 6 feet wide, inside dimension; c. An on-site planter area of not less than 200 square feet shall be provided at the corner of the two intersecting streets. Landscaping shall not exceed a height of 42 inches at this location; d. A minimum of 50 square feet of planter area shall be located along those portions of the main structure fronting on public rights-of-way; e. Additional landscaping may be required to screen the service station from adjoining public rights-of-way and properties, in compliance with Chapter 11.4.30: Landscaping and Buffer Yards; and f. Street trees shall be planted as approved by the City Engineer. 18. Exterior Lighting. a. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjoining public rights-of- way and properties. CllY OF SEAL BEACH MUNICIPAL CODE 17 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS b. Lighting shall not: i. Be of a high intensity to cause a traffic hazard; ii. Be used as an advertising element; or iii. Adversely affect adjoining properties, in compliance with Section 11.4.1 0.020.A: Lighting. . 19. Service Bays. a. Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties. b. Service bay doors shall not directly face an existing residential development or zoning district. 20. Peripheral Wall. a. Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be between 8 and 10 feet in height, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the Director. b. When the wall reaches the established front or street side setback line of a residentially zoned parcel adjoining the service station, the height of . the wall shall be between 36 and 42 inches, inclusive. c. Where a service station adjoins property in a commercial zoning district, the provision of peripheral walls shall be determined through the Conditional Use Permit approval. 21. Location of Activities. All activities and operations shall be conducted entirely within the enclosed service station structure(s), except as follows: a. The dispensing of petroleum products, air, and water from pump islands; b. The provision of emergency service of a minor nature; c. The sale of items via vending machines which may only be placed next to the main structure in a designated area not to exceed 32 square feet and which shall be roofed and screened from public view; d. The display of allowed automotive merchandise on each pump island, provided that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be located in a specially designed enclosed case; and e. Motor vehicle products displayed along the front of the structure shall be within 36 inches of the structure, and limited to 5 feet in height and not more than 5 feet in length. . CllY OF SEAL BEACH MUNICIPAL CODE 18 TITLE 11-Z0NING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 22. Vehicle Parking. a. Outside storage of motor vehicles is prohibited. For the purpose of this Section, outside storage shall mean the parking of a motor vehicle in an unenclosed area of the service station for longer than 24 hours, unless the vehicle is in the process of being serviced, in which case it may be parked for a maximum period of 72 hours. b. Vehicles shall not be parked on alleys, driveways, parkways, or sidewalks. c. Vehicles shall not be parked on the premises for the purpose of offering same for sale. d. Parking shall be located and screened to minimize visibility of parked vehicles from adjoining public rights-of-way. . 23. Tow Services. Tow service operations may only be conducted upon the approval of a Conditional Use Permit and in compliance with all appropriate conditions of the approved Conditional Use Permit, which shall establish conditions for operations to not create a public nuisance for adjoining properties. Conditions may be imposed regarding the following operations: a. Hours for drop-off of towed vehicles; b. Location for storage of any towed vehicles; and c. Allowable routes for tow service vehicle operations between 9 p.m. and 7 a.m. . 24. Sale of Beer and Wine. No alcohol shall be sold at an automobile service station convenience market, except as follows: a. The service station convenience market shall comply with all requirements for off-sale retail applications in City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses, including but not limited to the maximum proximity to residences, the proscription of an undue concentration of alcohol uses, and the prohibition on onsite consumption; and the Conditional Use Permit shall contain the applicable Standard Conditions for Alcohol Related Land Uses, pursuant to City Council Policy 600-1. b. The service station convenience market shall be located in a zone permitting an automobile service station use. c. The business shall not be located within 1,000 feet of a park, religious institution or school, whether such use is within or outside of the City. d. The distances specified in this section shall be measured in a straight line, without regard for intervening structures, from the property line of the lot containing the service station convenience market to the property line of the lot containing the residence, park, religious institution, school, or business. e. The determination on whether to permit the sale of beer and wine at a service station convenience market shall be supported by written findings, based on substantial evidence in view of the whole record. CllY OF SEAL BEACH MUNICIPAL CODE 19 TITLE 11- ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 25. Site Maintenance. a. Used or discarded automotive parts or equipment, or permanently disabled junked or wrecked vehicles shall not be located outside of the main structure. b. A waste collection and disposal storage area, completely enclosed with a masonry wall not less than 6 feet high with a solid gated opening, and large enough to accommodate standard-sized commercial trash bins, shall be located on the rear portion of the property in a manner which is accessible to refuse collection vehicles. c. Driveways and service areas shall be maintained and kept free of grease, oil, and other petroleum products in addition to litter. These areas shall be periodically cleaned with equipment that dissolves spilled grease, oil, and other petroleum products without washing them into the drainage, gutter, or sewer systems. 26. Public Service Facilities. All service stations shall: a. Provide restrooms on-site, at no charge, for public use during normal business hours. The restrooms shall be continuously maintained in compliance with the standards of the County Health Department; b. Provide and maintain in usable and good working order, . an air pump and radiator water hose for public use. 27. Restroom Screening. Restroom entrances viewable from adjoining rights-of-way or properties shall be concealed from view by planters or decorative screening subject to the approval of the Director. 28. Noise. Service station noise (e.g., bells, loudspeakers, tools, etc.) shall not be audible from residentially zoned or occupied parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays. All operations shall also comply with the noise requirements of Section 11.4.10.020.8: Noise. 29. Oil Collection Centers. All new service stations which have on-site service bays where routine auto maintenance tasks are performed shall: a. Become a Certified Used Oil Collection Center and accept used oil for recycling from patrons; and b. Comply with all requirements for Certified Used Oil Collection Centers as specified by the California Integrated Waste Management Act. 30. Pollution Prevention. Permit applications for new or modified servk:e stations shall include plans to implement best management practices to eliminate discharge into storm drains in compliance with the City's NPDES criteria. . CllY OF SEAL BEACH MUNICIPAL CODE 20 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 31. Hazardous Materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automotive fluids shall be recycled or removed according to applicable state and federal standards. 32. Prohibited Uses. The storage or repair of wrecked or abandoned vehicles, vehicle painting, body or fender work, or the rental of vehicle storage or parking spaces is prohibited. 111.4.05.040 AutomobileNehicle Sales and Services. AutomobileNehicle Sales and Services shall be located, developed and operated in compliance with the following standards: A. Minimum Lot Size. AutomobileNehicle Sales and Services may not be located on any lot smaller than 10,000 square feet in area. B. Landscaping and Buffer Yards. In addition to the requirements of Chapter 11.4.30: Landscaping and Buffer Yards, which apply to any commercial use adjacent to a residential use, the following buffer and landscaping requirements apply to any AutomobileNehicle Service and Repair use: 1. For parking and other unenclosed areas along street-facing yards, a solid wall, 2.5 to 3.5 feet in height shall be provided, located between 6 and 10 feet from the back of the sidewalk. Landscaping between the sidewalk and wall is required. Landscaped areas shall be enclosed by a 6-inch high concrete curb to prevent damage from automobiles. Chain-link fencing is prohibited. 2. Not withstanding any provision in Chapter 11.4.30: Landscaping and Buffer Yards to the contrary, landscaping shall comprise a minimum of 15 percent of the site area. All landscaped areas shall be permanently maintained in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. Additional landscaping may be required where necessary to prevent visual impacts to adjacent properties. C. Buildings. All new sales buildings shall be built abutting the sidewalk and must have views into the building or window displays at least three feet deep. D. Exterior Lighting. 1. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights-of-way and properties. CllY OF SEAL BEACH MUNICIPAL CODE 21 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 2. Lighting shall not: a. Be of a high intensity to cause a traffic hazard; b. Be used as an advertising element; or c. Adversely affect adjoining properties, in compliance with Section 11.4.1 0.020.A: Lighting. . E. Tow Services. Tow service operations may only be conducted upon the approval of a Conditional Use Permit and in compliance with all appropriate conditions of the approved Conditional Use Permit, which shall establish conditions for operations to not create a public nuisance for adjoining properties. Conditions may be imposed regarding the following operations: 1. Hours for drop-off of towed vehicles. 2. Location for storage of any towed vehicles. 3. p.m. and 7 a.m. Allowable routes for tow service vehicle operations between 9 F. Noise. All body and fender work, or similar noise-generating activity, shall be enclosed in a masonry or similar building with sound buffers to absorb noise. . AutomobileNehicle Sales and Services shall comply with the noise requirements in Section 11.4.10.020.B: Noise. G. Work Areas for AutomobileNehicle Service and Repair Uses. All automobile/vehicle service and repair activities, including disassembly and assembly activities, shall be performed within an enclosed building. Vehicle bays shall not directly face an existing residential development or zoning district and shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties. H. Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building. I. Hazardous Materials. All necessary permits for the storage and use of hazardous materials shall be obtained. All automotive fluids shall be recycled or removed according to applicable state and federal standards. J. Vehicle Storage. All vehicle storage areas shall be in the rear of buildings and shall not front sidewalks. Vehicle storage areas shall be screened by a solid, 6-foot high masonry wall. All vehicles associated with the business must be stored on-site, and shall not be stored in the public right-of-way. . CllY OF SEAL BEACH MUNICIPAL CODE 22 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS K. Signs. All signs shall comply with the requirements of Chapter 11.4.25: Sign Regulations. Subject to those requirements, the use of signs and advertising displays may be permitted for occasional special events or temporary sales. L. Vehicle Dismantling. Dismantling of vehicles for purposes other than on-site repair is prohibited. S 11.4.05.045 Child Day Care Facilities. Child day care facilities shall be located, developed and operated in compliance with the following standards, in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes effects on adjoining properties. These standards apply in addition to the other provisions of this Zoning Code and the requirements of the California Department of Social Services. Licensing by the Department of Social Services is required for all facilities. A. Permit Requirement Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Pennits is required to establish and operate large family day care homes and child day care centers. B. Large Family Day Care Homes. Large family day care homes shall comply with the following standards. 1. Incidental to Residential Use of Property. The home shall be the principal residence of the child care provider, and the child care use shall be incidental to the residential use. 2. No Change to Appearance of Structure. No exterior structural alterations shall occur that would change the character or appearance of the single- unit residence. Proposed exterior structural alterations to a currently approved home require approval of an Administrative Use Permit. 3. Separation Standards. No more than one large family day care home shall be permitted within 500 feet of any other large family day care home, nor closer than 1 per block, whichever distance is greater. The 500-foot separation shall be measured as a straight line between the nearest points on the property lines of each affected parcel. 4. Drop Off/Pick Up Location Requirements. A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility. The site shall also include space for safely queuing 3 vehicles on-site. crlY OF SEAL BEACH MUNICIPAL CODE 23 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 5. Neighborhood Traffic Impacts. Increased traffic due to the operation of any Large Family Day Care home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time shall be considered customary in residential neighborhoods. Satisfaction of the traffic control standard described in this subsection is subject to and regulated by the complaint procedure set forth below. . 6 Drop OfflPick Up Requirements. Vehicles dropping off and picking up children shall not: a. Double-park at anytime; b. Block the driveways of neighboring houses; or c. Use driveways of neighboring houses to turn around. 7. Site Standards. To eliminate further potential hazards, no Large Family Day Care home may be located: a. Upon a lot fronting a street with a curb-to-curb width of less than 30 feet; b. Adjacent to a dead-end street or cul-de-sac with a bulb diameter of less than 40 feet. 8. Circulation Element Standards. A large family day care home . located on a street identified by the Circulation Element of the General Plan as a major, primary, or secondary roadway shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the roadway. 9. Hours of Operation. Hours of Operation shall be between 6:00 a.m. to 7:00 p.m., Monday through Friday. 10. Outdoor Play - Prohibited Hours. Outdoor play shall not occur before 9:00 a.m. or after 6:00 p.m. when the site is located within or adjacent to a residential district and shall comply with the requirements of Section 11.4.10.020.B: Noise. 11. Noise - Neighborhood Compatibility. Noise from the operation of any Large Family Day Care may not exceed that which is customary in residential neighborhoods during daytime hours. Prolonged and abnormally loud noises shall not be considered customary, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods during the daytime hours. Satisfaction of the noise standard herein described in this subsection is set forth below. 12. Wall Requirements - Outdoor Play Area. A 7-foot high, solid fence shall be required to separate the outdoor play area of a large family day care . CllY OF SEAL BEACH MUNICIPAL CODE 24 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS home from adjacent residential properties. The fence shall be provided pursuant to Chapter 11.4.30: Landscaping and Buffer Yards. 13. No Detrimental Operations. The facility shall be operated in a manner that will not adversely affect adjoining residences, or be detrimental to the character of the residential neighborhood. 14. Operator Information. The current name(s) and telephone number(s) of the operator(s) shall be on file with the Department of Development Services at all times. 15. Business Cessation. If a Large Family Day Care home that is subject to a use permit ceases to operate for a period of greater than 180 consecutive days, its permit shall be considered to be null and void. This time period shall commence automatically when no children receive care, protection and supervision at the facility. 16. Complaints. Upon receiving any combination of 3 substantiated complaints from 3 different residences within 300 feet of the large family day care home within 1 calendar year concerning noise, hours of operation, and traffic control as specified in subsections 4, 5, 6, 10 and 11 of this section, or at the discretion of the Director or the Planning Commission, the Planning Commission shall review the Large Family Day Care operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10: General Procedures. a. Complaint Procedures. Before submitting a complaint to the City pursuant to this subsection, a complainant shall first submit to the operator of the Large Family Day Care home a written complaint, signed by the complainant and setting forth the complainant's address and telephone number. If after 10 calendar days from the submittal of a complaint to the operator, the complainant remains dissatisfied with the performance of the Large Family Day Care home, the complaint may then be submitted to the Planning Department, including the original complaint letter, and documentation of any and all contact with the operator to resolve the issues identified in the original complaint. The Department of Development Services shall investigate complaints within 14 calendar days of receipt of the complaint to determine their validity. b. Substantiated Complaint A complaint shall be considered substantiated if the Director determines that the operator has failed to respond appropriately to a complaint concerning hours of operation, traffic control, or noise. Complaints shall be limited to alleged violations of the standards for hours of operation, traffic control, and noise, and may originate only from residences within 300 feet of the applicable large family day care home. CllY OF SEAL BEACH MUNICIPAL CODE 25 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS C. Child Day Care Centers. Child day care centers shall comply with all standards of Large Family Day Care Homes set forth above. In addition, the minimum parcel size for a child day care center shall be 7,500 square feet. . 111.4.05.050 Drive-In and Drive-Through Facilities. A. Permit Requirement. Drive-in and drive-through facilities shall be allowed only through a Conditional Use Permit pursuant to the provisions of Chapter 11.5.20: Development Pennits. B. Development Standards. Any eating and drinking establishment, retail use, bank or financial institution, or other use providing drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards: 1. Drive-In and Drive-Through Aisles. Such facilities shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas. A minimum 15-foot interior radius at curves and a minimum 12-foot width shall be required. Each drive-in and drive- through entrance and exit shall be set back at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs; exceptions may be allowed with approval by the City Engineer, so long as exceptions will not increase . the risk of pedestrian or automobile accidents. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way. 2. Drive-In and Drive-Through Queue Area. Each drive-through aisle shall provide a sufficient queue area based on an interior traffic study modeling prepared by the applicant and reviewed and approved as part of the Conditional Use Permit. The queue area shall not interfere in any manner with public rights-of-ways or streets, or on-site and off-site circulation and parking. . 3. Landscaping. Landscaping shall be provided pursuant to Chapter 11.4.30: Landscaping and Buffer Yards. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscaping to prevent headlight glare and direct visibility of vehicles from adjacent streets, parking lots, and adjacent properties. 4. Menu Boards. Menu boards shall not exceed 20 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of- ways unless located at least 35 feet from the street and adequately screened therefrom. Noise levels measured at the property line of a drive-in or drive-through service facility shall not increase the existing ambient noise levels in the surrounding area. Noise shall comply with the standards in Section 11.4.10.020.B: Noise. All . CllY OF SEAL BEACH MUNICIPAL CODE 26 TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . outdoor speakers shall be directed away from any residential district and shall provide volume controls which can be operated and controlled by the business operator and which automatically adjust to ambient noise levels. 5. Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving, markings or signage. 6. Exterior lighting. a. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights-of-way and properties. b. Lighting shall not: i. Be of a high intensity to cause a traffic hazard; ii. Be used as an advertising element; or iii. Adversely affect adjoining properties, in compliance with Section 11.4.1 0.020.A: Lighting. S 11.4.05.055 Extended Hour Businesses. . A. Permit Requirement. Extended hour businesses shall be allowed through a Conditional Use Permit pursuant to the provisions of Chapter 11.5.20: Development Pennits. B. Traffic Impacts. The facility shall be designed, developed, and operated to minimize impacts on nearby residential neighborhoods resulting from late night or early morning vehicle or pedestrian traffic generated by the business. C. Crime Prevention. The facility shall be designed, developed, and operated to provide the maximum feasible patron and employee security and crime prevention. Specifically, the design, installation, and maintenance of landscaping, fences, walls, hedges, outdoor displays and storage, security lighting, and solid waste storage areas shall promote customer, neighborhood, and employee security and minimize opportunities for crime to the greatest extent feasible. A minimum of 1 armed security guard, P.O.S.T. certified, shall remain on duty during all hours from 11 :00 p.m. to 6:00 a.m. that the business is open. The Commission may waive or modify the security guard requirement if an alternative method is determined to be acceptable in meeting the intent of this subsection and upon the recommendation of the Police Chief. D. Light and Glare. On-site screening shall be installed and maintained, to the satisfaction of the Director, to minimize light and glare on adjoining residential . properties and dwelling units, in compliance with Section 11.4.1 0.020.A: Lighting. CllY OF SEAL BEACH MUNICIPAL CODE 27 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . E. Noise. Precautions shall be taken to minimize the noise impacts of entertainment, music sources, employees and patrons (both within and outside of motor vehicles) on adjoining residential properties in compliance with Section 11.4.10.020.B: Noise. No deliveries shall occur during extended hours. F. Number of Employees on Duty. A minimum of 2 employees (in addition to the guard specified in subsection C, above) shall be on duty at all times between the hours of 11 :00 p.m. to 6:00 a.m. that the business is open or employees are present. The Commission may authorize 1 employee after determining that the employee will operate the business from an adequately secured facility and upon the recommendation of the Police Chief. G. Parking. Existing on-site parking spaces adjoining residential properties and dwelling units shall not be used between the hours of 11 :00 p.m. to 7:00 a.m., except for employee parking. This standard shall not be construed or interpreted so as to encourage on-street parking within or immediately adjacent to any adjoining residential neighborhoods. The design, installation, and maintenance of on-site parking areas shall comply with Chapter 11.4.20: Off-Street Parking and Loading Standards. H. Complaints. Upon receiving any combination of 3 substantiated . complaints from 3 different residences within 300 feet of the extended hour business within 1 calendar year concerning noise, hours of operation, and traffic control as specified in subsections B, E and G of this section, or at the discretion of the Director or the Planning Commission, the Planning Commission shall review the extended hour business operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10: General Procedures of this Zoning Code. 1. Complaint Procedures. Before submitting a complaint to the City pursuant to this subsection, a complainant shall first submit to the operator of the extended hour business a written complaint, signed by the complainant and setting forth the complainant's address and telephone number. If after 10 calendar days from the submittal of a complaint. to the operator, the complainant remains dissatisfied with the performance of the extended hour business, the complaint may then be submitted to the Planning Department, including the original complaint letter, and documentation of any and all contact with the operator to resolve the issues identified in the original complaint. The Department of Development Services shall investigate complaints within 14 calendar days of receipt of the complaint to determine their validity. 2. Substantiated Complaint. A complaint shall be considered substantiated if the Director determines that the operator has failed to respond . CllY OF SEAL BEACH MUNICIPAL CODE 28 . . . TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS appropriately to a complaint concerning hours of operation, traffic control, or noise. Complaints shall be limited to alleged violations of the standards for hours of operation, traffic control, and noise, and may originate only from residences within 300 feet of the applicable extended hour business. 111.4.05.060 Home Occupations. A. Permit Requirement. Home occupations shall be allowed as a permitted use or through an Administrative Use Permit, as set forth in this section below and pursuant to the provisions of Chapter 11.5.20: Development Pennits. Notwithstanding the foregoing, the operation of a large family day care home in a single-unit dwelling is instead subject to the requirements of Section 11.4.05.045: Child Day Care Facilities. B. Basic Operating Standards. All home occupations shall comply with the following operating standards: 1. Main Residence. The location of the business shall be the main residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. Outdoor Storage Prohibited. Storage shall not occur out-of- doors, within a carport, or within an accessory structure; 3. Garage Conversion Not Allowed. Any required garage parking area shall not be converted into a work area or storage area for the home occupation; 4. Exterior Appearance. There shall be no exterior indication of the home occupation activity from the adjoining public rights-of-way or from surrounding properties; 5. Alterations Prohibited. The home occupation shall not require any alteration(s) or modification(s) to the dwelling incompatible with residential use or that would change its occupancy classification in compliance with the California Building Code; 6. Displays or Signs Prohibited. The home occupation shall not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises; 7. Equipment. Mechanical or electrical equipment shall not be installed or maintained other than that which is compatible with domestic residential use; CllY OF SEAL BEACH MUNICIPAL CODE 29 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 8. Articles Offered for Sale. Articles offered for sale shall be limited to those produced on the premises; 9. Vehicles. Only 1 vehicle, with a capacity not exceeding 1 ton, may be used and kept on the premises by the occupant directly or indirectly in connection with a home occupation; 10. Fire Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises; 11. Nuisances. The home occupation shall not cause or create offensive or objectionable levels of hazards or nuisances (e.g., cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke, solid waste, toxic/hazardous materials, vibration, etc.), in excess of that customarily associated with similar residential uses; 12. Traffic Generation. The home occupation shall not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area; 13. Allowable Deliveries. The home occupation may receive up to . 2 deliveries each day; and . 14. Maximum Hours of Operation. The home occupation shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. (except for child day- care facilities). . C. Limitations on Director Approval for Home Occupations. Home Occupations approved by the Director as a permitted use shall be subject to the provisions of subsection B, Basic Operating Standards, above and the following limitations: 1. Location. Conduct of the home occupation shall be confined completely to the residential dwelling unit, and not within an accessory structure(s). A home occupation shall not impair the use of a garage in terms of providing required parking; 2. Maximum Allowable Floor Area. A home occupation shall not be allowed which requires more than 1 room and may not exceed 20 percent of the gross floor area of the residence; 3. Access. Access to the space devoted to a home occupation shall only be from within the main residential dwelling unit; . CllY OF SEAL BEACH MUNICIPAL CODE 30 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 4. Employees Prohibited. A person(s) other than a resident of the residential dwelling unit shall not be employed in the conduct of the home occupation; and 5. Allowable On-site Visits. The home occupation may allow only 1 client, patient, or pupil to be present at any 1 time (except for child day-care facilities). D. Home Occupations Requiring an Administrative Use Permit. The following list identifies home occupation activities that may be allowable subject to the approval of an Administrative Use Permit, in compliance with Chapter 11.5.20: Development Pennits: 1. Use of an accessory structure; 2. Use requiring more than more than 1 room or 20 percent of the gross floor area of the residence; 3. Uses which entail food handling, processing, or packing; 4. Teaching of organized classes with 2 or more persons at a time; 5. Instruction in the use of musical instruments when amplification is used or when 2 or more persons are receiving instruction at a time; 6. Specified additional uses: direct product distribution, pet grooming, or any other use or occupation which the Director determines is similar in nature to the previously listed uses; 7. Having more than 1 home occupation in a dwelling unit; and 8. Having an employee on-site who is not a resident. E. Terms of the Home Occupation Permit. 1. Permit Nontransferable. A Home Occupation Permit shall only be in effect as long as the approved business is operated by the original resident applicant at the address of the property appearing on the application. 2. Change(s) Requires New Permit Any change in ownership or tenancy from that appearing on the approved application shall result in the Home Occupation Permit being deemed void. CllY OF SEAL BEACH MUNICIPAL CODE 31 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS F. Business License Required. A Business License is required for the establishment and operation of a home occupation. . G. Prohibited Home Occupations. 1. Criteria. A home occupation is prohibited if it would result in any of the following conditions: a. Not comply with the standards and criteria identified in the Basic Operating Standards set forth above; b. Be inconsistent with the General Plan and any applicable specific plan; c. Threaten the health and safety of the citizens of the City; or d. Represent a use that would clearly conflict with the normal residential quality of the surrounding neighborhood. 2. Examples of Prohibited Home Occupation Uses. The following is a nonexclusive list of examples of nonresidential uses that are not incidental to or compatible with residential activities, and are therefore prohibited as home occupations: a. Adult businesses; b. Animal hospitals or the boarding, caring, harboring, . raising, training, or treatment of animals or birds for profit; c. Beauty shops and barber shops; d. Catering; e. Dance or night clubs; f. Maintenance and storage of equipment, materials, and other accessories for the construction and service trades; g. Massage therapy; h. Medical and dental offices, clinics, and laboratories (not including chiropractors and counselors/psychotherapists); i. Mini self-storage; j. Retail sales, except for artist's originals or products individually made-to-order on the premises; k. Vehicle repair' or storage (body or mechanical, including boats and recreational vehicles), upholstery, automobile detailing and painting and the display and sale of any vehicle(s); I. Welding and machining; and m. Other uses' determined by the Director not to be incidental to or compatible with residential activities. . CllY OF SEAL BEACH MUNICIPAL CODE 32 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.05.065 Kiosks. A. Permit Requirement. Kiosks or a kiosk program for multiple kiosks shall require approval of an Administrative Use Permit in compliance with Chapter 11.5.20: Development Pennits and shall be developed in compliance with an approved site plan, elevations, and materials board. The materials board shall include specifications for any security panels. B. Location Requirements. Kiosks shall be: 1. On private property in commercial zones only as identified in Table 11.2.10.010: Use Regulations - Commercial and Mixed-Use Districts; 2. In multi-tenant projects of greater than 20,000 commercial square feet with outdoor spaces of greater than 1,000 square feet; 3. If a kiosk is proposed within 10 feet of the public right of way, the applicant must have the site plan reviewed and approved by the City Engineer; 4. Located in a manner that allows for proper handicap access around the entire kiosk area; and 5. Kiosks shall be stationary in an area designated by the approved site plan. C. Architectural Design. All construction and modifications to the kiosks shall: 1. Require review by the Director to ensure high quality and consistent design, compatible with the architectural character of the project; and 2. Be limited in size to no more than 9 feet high (including all projections) by 4 feet wide by 7 feet long. D. Parking. There shall be no off-street parking required for this use per Section 11.4.20.015. E: Uses Not Specified. E. Trash Disposal. Each kiosk shall provide a receptacle sufficient in size to accommodate trash and any smoking materials (where applicable) discarded by users of the kiosk or be provided receptacles in designated areas by the management of the property where the kiosk(s) are located. F. Lighting. Each kiosk shall be provided with lighting in compliance with Section 11.4.1 0.020.A: Lighting or state law, whichever is most restrictive. CllY OF SEAL BEACH MUNICIPAL CODE 33 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . G. Signs. Each kiosk may provide signage of 3 square feet or less in size that shall be permitted on 2 sides of the kiosk that is exempt from the sign permit per Chapter 11.4.25: Sign Regulations. Kiosk signage may be provided on the roof or at the roof line. All other signage that does not meet this dimension requires issuance of a sign permit. The owner or operator of a kiosk shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached. Such display shall not count as signs for the purposes of this section. H. kiosk. Noise. No music or amplified noise shall be permitted to emit from the I. Location of Merchandise. All items for sale shall be stored and displayed on the kiosk only. No ancillary shelving units for display or storage may be placed adjacent to the kiosk. Each side of the kiosk must have items for display and sale. J. Food Sales. Any kiosk supplying food for sale shall obtain proper Health Department licensing. . K. Business Licensing. Any kiosk engaging in a business that requires a business license must also obtain that license prior to operation of the kiosk. L. Building Permits Required. Kiosks must obtain any applicable building permits. M. Outdoor Dining. Any outdoor seating accessory to a food kiosk(s) shall meet the requirements of Section 11.4.05.090: Outdoor Dining, Display and Sales Standards. N. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the Director, is required to ensure that upon abandonment of the use and removal from the site that the property will be cleaned of debris, or other evidence of the structure, and the site restored to its former condition. 111.4.05.070 Liquor Stores. A. Permit Requirement. Liquor stores shall require a Conditional Use Permit in compliance with Chapter 11.5.20: Development Pennits, and as identified in Table 11.2.10.010: Use Regulations - Commercial and Mixed-Use Districts. . CllY OF SEAL BEACH MUNICIPAL CODE 34 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . Liquor stores shall be located, developed and operated in compliance with the following standards and the Conditional Use Permit shall contain the applicable Standard Conditions for Alcohol Related Land Uses, pursuant to the City Council Policy 600-1. These standards apply only to establishments selling alcohol for off- site consumption and do not apply to full-service eating and drinking establishments: B. Standards. 1. Location. a. Minimum distance from a residential district boundary: 500 feet. b. Minimum distance from other liquor stores: 1,000 feet. c. Minimum distance from educational, religious, or cultural institutions and public parks: 500 feet. 2. Hours of Operation. Operating hours will be determined by approval of a Conditional Use Permit. . 3. Litter. One permanent, non-flammable trash receptacle shall be installed in the parking area adjacent to the entrancelexit of the store. 4. State License. Liquor stores shall comply with all provisions of any license required for such stores by the State of California Department of Alcoholic Beverage Control. 111.4.05.075 Manufactured Housing. A. Required Certification. A manufactured home shall constitute a permitted use in all residential districts, provided that any such manufactured home is certified under the standards set forth in the National Manufactured Housing Construction and Safety Standards Act of 1976 (42 USC 5401 et. seq.), as amended at the time of any application for placement of such manufactured home. B. General Requirements. A manufactured home developed in a residential district outside a mobilehome .park shall be subject to the following requirements: 1. Site Requirements. The site, and the placement of the unit on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-unit dwelling on the same parcel. 2. Permanent Foundation. The manufactured home shall be placed, on a permanent foundation in accordance with the standards set forth in the . California Building Code and Health and Safety Code Section 18551. CllY OF SEAL BEACH MUNICIPAL CODE 35 TITLE 11- ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 3. Age of Home. No more than 5 years may elapse between the date of the manufacture of the manufactured home and the date of the application for issuance of a permit to install a home on a residential lot in the City. 4. Exterior Materials. Manufactured homes are to be covered with an exterior material compatible with residential structures in the surrounding area, and shiny or metallic finishes are prohibited. The exterior covering material must extend to finished grade. If a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend more than 3 inches below the top of the foundation. Alternative skirting materials, customarily used in conventional residential structures, are permitted. 5. Roofing. All roofs on manufactured homes shall be comprised of asphalt tile, shingles or other materials and shall comply with the most recent edition of the California Building Code for fire rating for residential structures. Eave overhangs shall be at least 12 inches, but not more than 16 inches, and the roof pitch shall be no less than 5: 12. 6. Utilities. Each manufactured home shall be provided permanent hookups for electricity, gas, water, and sewer connections in the same . manner applicable to permanent buildings. Gas shutoff valves, meters, and regulators shall not be located beneath the manufactured home, in compliance with the requirements of the California Building Code for comparable residential structures. C. Surrender of RegistrationlTaxation. A mobile home which has been placed on a foundation pursuant to this section shall be subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 109.7 of the Revenue and Taxation Code. 1. Surrender of Registration Prior to Certificate of Occupancy. Prior to occupancy, the owner shall request a certification from the Seal Beach Building Department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, for an existing mobile home, any vehicle license plate, certificate of ownership and certificate of registration issued by a State agency is to be surrendered to the appropriate State agencies. 2. DMV Statement when not Previously Registered. Where the mobile home is new and never has been registered with DMV, a statement to that effect from the dealer selling the mobile home shall be submitted to the City. . CllY OF SEAL BEACH MUNICIPAL CODE 36 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 3. Mobile Home Taxation and Exemptions. Mobile homes placed on a permanent foundation pursuant to this section become exempt from vehicle license fees and become subject to property tax laws. Such mobile homes become eligible for exemptions. . S 11.4.05.080 Meeting Facilities, Private Schools, and Similar Institutional Uses. Where allowed by Part II: Base District Regulations, public and private meeting facilities, private schools, and similar institutional uses shall comply with the regulations of this Section. A. Permit Requirement. Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Pennits shall be required to establish and operate such uses, except for public schools. B. Allowable Accessory Uses. Only the uses specifi'cally identified in and authorized by an approved Conditional Use Permit shall operate on the same site as the principal use. For example, a day care center or private school located on the site of a meeting facility used for other purposes must be identified as an authorized use in the Conditional Use Permit for the facility. Otherwise, any additional use shall require an amendment to the original Conditional Use Permit. C. Parking Restrictions in Neighborhoods. When a new meeting facility is established in a new building in any residential zone, the required front yard setback shall not be used for parking purposes. D. Compatibility with Surrounding Uses. Conditional Use Permit approval shall require that the Commission first make the following findings in addition to those required by Section 11.5.20.020: Required Findings: 1. That all buildings, structures, and landscaping will be developed in a manner compatible with the desired character of the surrounding neighborhood; 2. That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses and in compliance with Chapter 11.4.30: Landscaping and Buffer Yards; and 3. That all exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects and in compliance with Section 11.4.1 0.020.A: Lighting. CllY OF SEAL BEACH MUNICIPAL CODE 37 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 111.4.05.085 News and Flower Stands. . A. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Pennits shall be required to establish a news or flower stand. B. Location Requirements. A news or flower stand shall: 1. Be located parallel and adjacent to the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk; and 2. Not be located: a. Within 3 feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes; b. Within 100 feet of any residential use within a residential zoning district; c. Within 1,000 feet of another news or flower stand, or florist, provided that this distance may be reduced by the Director if the proposed use is determined not to be detrimental to public safety and welfare; or d. So that the sidewalk is reduced to less than 8 feet on secondary and major highways and 6 feet on other streets. This requirement may be . modified by the Director where the clear passage provided is safe and adequate, as determined by the City Engineer. C. Design and Construction Requirements. 1. A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure. 2. Shelving shall not exceed 8 feet in height nor 2 feet in depth. D. Maintenance. The news and flower stand shall be maintained in a clean and neat condition and in good repair, at all times. E. Signs. Signs shall be designed as an integrated part of the stand, and shall comply with the following requirements: 1. A stand shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 11.4.25: Sign Regulations. . CllY OF SEAL BEACH MUNICIPAL CODE 38 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 2. The owner or operator of an outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached. Such display shall not count as signs for the purposes of this section. F. Additional Product Sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed. G. Hours of Operation. The allowable hours of operation of a news or flower stand shall be established by the Administrative Use Permit approval. H. Encroachment Permit. If a news or flower stand is proposed within a public right-of-way, the owners or operators shall apply for an encroachment permit from the City Engineer before applying for approval of the stand by the Director. I. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the Director, is required to ensure that upon abandonment of the use and removal from the site that the property will be cleaned of debris, or other evidence of the structure, and the site restored to its former condition. S 11.4.05.090 Outdoor Dining, Display, and Sales Standards. This Section provides development and operational requirements for the establishment of outdoor uses, including temporary, accessory, and permanent outdoor displays and sales and similar uses where merchandise is displayed for sale (e.g., garden nurseries, lumber yards), and outdoor dining and seating areas, which shall be subject to the following criteria and standards: A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of an Administrative Use Permit, in compliance with Chapter 11.5.20: Development Pennits and the following standards. In approving an application for an Administrative Use Permit, the Director may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by Section 11.5.20.020: Required Findings. These conditions may address any pertinent factors affecting the operation of the temporary use, and may include the following: 1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed 10 consecutive days; CllY OF SEAL BEACH MUNICIPAL CODE 39 TITLE 11 - ZONING PART W: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 2. Landscaping. Landscaping may be required to ensure that the use has a pleasing appearance and that the screening requirements identified in Subsection C.6, below, are satisfied, subject to the approval of the Director; . 3. Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjoining parcels, dirt, dust, gases, heat, noise, odors, smoke, waste, and vibration; 4. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary use, as stated above; 5. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with Chapter 11.4.20: Off-Street Parking and Loading; 6. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the Director, may be required to ensure that any temporary facilities would be removed from the site within a reasonable time following the activity, the property would be cleaned of debris, or other evidence of the activity, and the site restored to its former condition; 7. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate; . 8. Security. Provision for security and safety measures, if applicable; 9. Setbacks. Provision of appropriate setbacks to ensure separation from adjoining land uses and a safe environment for pedestrians and vehicles, subject to the approval of the Director; 10. Signs. Regulation of signs, in compliance with Chapter 11.4.25: Sign Regulations; 11. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards; 12. Waste Collection and Disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal; 13. Zoning Code Compliance. A requirement that the approval of the requested Administrative Use Permit is contingent upon a finding, by the Director . CllY OF SEAL BEACH MUNICIPAL CODE 40 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS that the activity would be in compliance with the applicable provisions of this Section, the Zoning Code, and successful approval of all required permits from another department(s) or governing agency; and 14. Other Conditions. Other conditions that would ensure the operation of the proposed temporary activity in an orderly and efficient manner. B. Accessory Outdoor Display. Outdoor displays incidental and complementary to an allowed use on commercially or publicly zoned parcels shall be subject to the approval of an Administrative Use Permit approved pursuant to Chapter 11.5.20: Development Permits, and all of the following standards. 1. Outdoor displays shall be: a. Approved with a defined fixed location entirely on private property that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, or parking spaces. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic. They shall also be placed so that the clear space for the passage of pedestrians upon any private walkways is not reduced to less than 8 feet. Placements within the public right-of-way is prohibited. b. Directly related to a business occupying a permanent structure on the same site, and shall display only goods of the primary business on the same site; c. Limited to artwork and pottery, flowers and plants, handicrafts, furniture, or other items which are determined by the Director to be similar in nature; d. Limited to the hours of operation of the business and portable and removed from public view at the close of each business day. e. Managed so that display structures and goods are maintained at all times in a clean and neat condition, and in good repair; and f. Placed to not block structure entrances and on-site driveways. 2. Outdoor displays shall not be: a. Placed within 100 feet of any residential dwelling, except for mixed-use projects; or b. Placed so as to impede or interfere with the reasonable use of the store front windows for display purposes. C. Permanent Outdoor Displays and Sales. 1. Permit Requirement. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a Conditional Use Permit in CllY OF SEAL BEACH MUNICIPAL CODE 41 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS compliance with Chapter 11.5.20: Development Permits, and shall comply with the following standards and guidelines: . 2. Height of Displayed Materials. The outdoor display/sale of merchandise shall not exceed a height of 7 feet above finished grade. 3. Location. Outdoor display/sale area(s) shall be located entirely on private property. They shall not encroach into required setbacks. In zoning districts where no setback is required, the outdoor area(s) shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of the Conditional Use Permit, in compliance with Chapter 11.5.20: Development Permits. 4. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic. 5. Relationship to Main Use. The outdoor display/sales area(s) shall be directly related to a business occupying a permanent structure on the . subject parcel. 6. Screening Required. Outdoor display/sales area(s) other than vehicle sales lots, produce stands, and nursery product sales shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. Screening shall be provided to a height of 1 foot above the approved height of the merchandise and materials being displayed. 7. Signs. Additional signs, beyond those normally allowed for the subject use pursuant to Chapter 11.4.25: Sign Regulations, shall not be provided as a result of the outdoor display/sales area(s). D. Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants and other food service uses as an accessory and incidental use to a restaurant with indoor eating area on the same site subject to the approval of an Administrative Use Permit in compliance with an approved site plan which indicates the areas dedic~ted for outdoor dining and the maximum seating capacity for the outdoor dining area, in compliance with Chapter 11.5.20: Development Pennits and the following standards. . CllY OF SEAL BEACH MUNICIPAL CODE 42 . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Outdoor dining establishments shall also operate in compliance with Section 11.4.10.020: Performance Standards. In approving an application for an Administrative Use Permit, the Director may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by Section 11.5.20.020: Required Findings and the Administrative Use PermiUConditional Use Permit shall contain the applicable Standard Conditions for Alcohol Related Land Uses, pursuant to the City Council Policy 600-1. These conditions may address any pertinent factors affecting the operation of the outdoor dining or seating area, and include the following standards: 1. Limitation on Seating. The number of seats in the outdoor dining and seating area(s) shall not exceed 12 seats; otherwise, a Conditional Use Permit shall be required. 2. Hours of Operation. The hours and days of operation of the outdoor dining area shall be identified in the approved Administrative Use Permit or Conditional Use Permit 3. Separation by Physical Barrier. The Director may require separation by a physical barrier. If required, such barriers must be a minimum of 25 percent open and may not exceed 4 feet in height, except as required by the California Building Code or the Alcoholic Beverage Control Act. Only barriers composed of planters, or a retaining wall may be solid. However, railings may have backings on the interior (restaurant) side of the railing that are made of fabric or other materials satisfactory to the Director. Pipe stanchions linked by chains are not permitted as a railing. Railing designs must be ~ubmitted to the Director, the City Engineer if adjacent to a public right-of-way, and the Building Official for review and approval. 4. Alcoholic Beverage Sales. Areas in which alcoholic beverages would be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards. The dining and seating area(s) shall be: a. Accessible from inside the restaurant only, unless the Director waives or modifies this requirement in circumstances where this is not feasible or practical; b. Clearly and physically defined. The area shall be clearly a part of the restaurant it serves; and c. Supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. 5. Landscaping. All outdoor dining areas shall include some landscaping. A landscape plan for the outdoor dining area may include the use of . planter boxes and permanent vegetation, which shall comply with Chapter 11.4.30: CllY OF SEAL BEACH MUNICIPAL CODE 43 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Landscaping and Buffer Yards. Planter boxes may be constructed of wood, ceramics, stone, or metal. Plastic planter boxes are prohibited. . 6. Amplified Sound and Music. Amplified sound and music is prohibited within the outdoor dining area unless approved by a Conditional Use Permit pursuant to Chapter 11.5.20: Development Pennits. 7. Parking Requirements. Required parking for outdoor dining and seating area(s) shall be calculated in compliance with Chapter 11.4.20: Off- Street Parking and Loading. 8. Clean-up. Outdoor dining area(s), whether part of a restaurant or seating in common, shall be cleaned on a continual basis for removal of litter and food items that constitute a nuisance to public health and safety. 9. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: ' a. Associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements that are visible from the public rights- of-way, shall be compatible with the overall design of the main structure(s); . b. Awnings, plants, umbrellas, and other human scale elements shall be provided as necessary to enhance the pedestrian experience; c. The relation of the outdoor seating area to religious institutions, hospitals, public schools, and residential uses shall be considered by the reviewing authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise; d. Pedestrian or vehicular traffic flow shall not be obstructed, nor shall existing pedestrian or vehicular movement areas be removed; e. Outdoor dining areas shall maintain adequate vehicular or pedestrian traffic flow; and f. A minimum setback of 15 feet from adjoining residential district property lines and 5 feet from adjoining parking lots shall be provided. 10. Outdoor Cooking. 'Cooking within an outdoor dining area may occur only with Conditional Use Permit approval. 11. Sound Buffering. A sound buffering, acoustic wall may be required along property lines adjacent to the outdoor dining area. The design and height of the wall shall be approved by the reviewing authority. . CllY OF SEAL BEACH MUNICIPAL CODE 44 . . .. TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 12. Exterior Lighting. a. All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights-of-way and properties. b. Lighting shall not: i. Be of a high intensity to cause a traffic hazard; ii. Be used as an advertising element; or iii. Adversely affect adjoining properties, in compliance with Section 11.4.1 0.020.A: Lighting. 111.4.05.095 Recycling Facilities. Recycling Facilities shall be subject to the following standards: A. Reverse Vending Machines. Reverse Vending Machines are permitted as specified in Part II: Base District Regulations, and in addition, are subject to the following criteria: 1. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation. 2. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. 3. Machines shall have a maximum sign area of 4 square feet exclusive of operating instructions. 4. Machines shall be illuminated to ensure comfortable and safe operation between dusk and dawn. 5. Machines shall provide a 40-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine. B. Recycling Collection Point. Recycling Collection Points are conditionally permitted as specified in Part II: Base District Regulations, and in addition are subject to the following criteria: 1. Facilities shall be set back at least 10 feet from any street line and not obstruct pedestrian or vehicular circulation. 2. Facilities shall accept recyclable material as defined by the State Department of Conservation. CllY OF SEAL BEACH MUNICIPAL CODE 45 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 3. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation. . 4. Signs shall be a maximum of 20 percent per side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. 5. Facilities shall provide a 40-gallon garbage can for nonrecyclable materials adjacent to any receptacle where recyclable materials are deposited. 6. Visual screening is required around the recycling collection point, the exact type. location, and amount to be determined by the reviewing authority. C. Recycling Processing Facility. Recycling Processing Facilities are conditionally permitted as specified in Part II: Base District Regulations, and in addition are subject to the following criteria: 1. Facilities shall not abut a property zoned for residential use unless specifically exempted by findings and conditions of the Conditional Use . Permit. 2. Facilities shall be screened from the public right-of-way by operating within a fully enclosed building or within an area enclosed by a solid block wall at least 6 feet in height with landscaping. 3. Setbacks and landscape requirements shall be those provided for in the base zone. 4. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing. 5. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. Signage shall conform to the provisions of Chapter 11.4.25: Sign Regulations. 6. Facilities shall provide a 40-gallon garbage can for non- recyclable materials on the property. . CllY OF SEAL BEACH MUNICIPAL CODE 46 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 111.4.05.100. Residential Accessory Uses, Structures, and Vehicle Parking. This Section provides standards for residential accessory uses, structures, and vehicle parking allowed in the zoning district applicable to a parcel (see Table 11.2.05.015: Development Standards for Residential Districts). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops. A. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character or scale of the parcel and may be established in compliance with this Section only on a parcel with an existing single-unit dwelling, or simultaneously with the development of a new single-unit dwelling. B. Garage Sales. Garage sales shall be limited to 2 per calendar year per site, and a maximum of 2 days each following approval by the City. C. Attached Accessory Structures. 1. Structurally Part of the Main Structure. An accessory structure that is attached to a main structure shall be compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure, rely partially on the main structure for structural support, or be attached to the main structure at a minimum of 4 points within 20 feet). 2. Compliance. An attached accessory structure shall comply with the requirements of this Zoning Code applicable to the main structure, including heights, setbacks, and site coverage. 3. Exterior Design and Materials. An attached accessory residential structure shall be architecturally compatible with the primary structure, and have the same architectural style and materials. D. Detached Accessory Structures. 1. Minimum Separation. Detached accessory structures shall be separated from the main structure by a yard, open to the sky, having a minimum width of 6 feet; CllY OF SEAL BEACH MUNICIPAL CODE 47 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. Side and Rear Setbacks. a. Required Setbacks. Detached accessory structures shall not exceed 9 feet in height within 5 feet of any property line; 12 feet in height within 10 feet of any property line; and 15 feet at the highest point of the roof; and shall not be placed closer than 5 feet to a side or rear property line. See Figure 11.4.05.100.0.2: Detached Accessory Structure Setbacks. b. Exceptions. The following structures are exempt from the detached accessory structure setback requirements provided by subsection D.2.a, above: i. Pre-fabricated, detached accessory structures with an area of up to 120 square feet, and an overall height not exceeding 8 feet, may be placed adjacent to a side or rear property line. ii. Planter boxes and masonry planters with a maximum height of 36 inches. iii. Children's play equipment not exceeding 7 feet in height, movable dog houses and similar structures. iv. Trash enclosures not exceeding 4 feet in height. Figure 11.4.05.100.0.2 Detached Accessory Structure Setbacks Ii ~J illP Ii! lit ~;P ~"'I~ A tOft. ~ from ~ I ~no moreWtl IIns I 12 fit. sDcw'" I at 10 it. ~11rlS I 'I M.mum wll heJeht I 9 fIt..~~.IM I !! 1::1 it !l w ~t1uYne nur:f W: loc::atU at c;IoM.9!) it. to, ~I"'" fttM~~4nmet. 3. Prohibited in Specified Setbacks. Detached accessory structures are prohibited in required front and street side setbacks. . . 4. Maximum Lot Coverage. Maximum lot coverage for detached accessory structures are set forth in Table 11.4.05.100.0.4: Maximum Lot Coverage . - Detached Accessory Structures. CllY OF SEAL BEACH MUNICIPAL CODE 48 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . ." ~ .,;. . I' , ,: A' .:.~": .... l:'~"..." ..... ,. ".~ ';'~""'.. ,',' ',", : '" ,I' '..;..~.'. ,', ...~~ ...... .. .. . ".'.'.'. ,..... . .. ...:. . TABLE 11 405100.D 4 . ..' ",. ~ ;. :~:::::l:":':::" '::'; :...'. ~ ~..:..':' '.~. " ;":~I'I':':~"'.'" .:" ..:.;\:::1'.. ':,.' ':':. -: '. ,"I;' MAXI~U~"[ l,OT COVE~GE ~. ~ETACHE[) .A~CESSORY S.TR.UCTURES . ....:. . :.. .. '.... . ,.l " .,," '" 'I.r...,,' ',. I .' ,:Maximum ...):. Maxi~~~"i.~t (.S..':."> . :.: ..,.:. ,', "." .... .~, ~i~trict. :':')~~~i~~.ti:~:-.. .:..: Coverage'(~q~.tifi:"::':'./<.:~.o.,~~~~.(jir'",:: '.Se~a~ks '.' .'" .:.... {ft.},. ,......... :.'. ....:, .:....;. ::'.//' ....,. '.. ~. ~ .\.. '. 225, up to 350 with an Administrative Use Permit 225, up to 350 with an Administrative Use Permit 225, up to 350 with an Administrative Use Permit RLD 15 Rear one- half of lot See subsection 2,above RMD 15 RHO 15 Rear one- half of lot See subsection 2,above . . CllY OF SEAL BEACH MUNICIPAL CODE 49 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . .Figure 11.4.05.100.0.4 Maximum Accessory Building Coverage I'talcImum us 14 It or up lit 350 S4I ft Wllh anALP. I - ~');::~~ ------I~ ;:~'<i~:~1 ~ I ,0rIiIr'" j' '. ~~.~~~ , : I ~,> " ""',R:',,~,"\ . '~'.r," < '~X: '.' . .;~',\ ...~,~: \1 I ", '@:'" ',- .'\( ":5'00" . , ~;.l:"'~~" .'.j.. ~ :" ~~~":'.~.!!~" ");;'''''1 1 i <~'~\~t::,... 'I' . Acc:a1ory IInICIIlI1!f. ~,/' ~ :/:. .. ~ I .... lit IocMed Oft dle I ' . ...... haI at dle .... ! 1 I !' 4 t i I I ~..', i · . '\ ! I T ',1 T l>1Itl r i ! 1 i i i Main .' 5~ Iii . ., ! i 1 , i !i l, " : II I I ii . , . -..-.. -.---.._......L.. _ .:J , . --.-....----..-.---..----...---) ~""'- . a. This limitation shall not apply to a detached garage, or to a swimming pool, barbecue, sport court, or other outdoor private residential recreational facilities. b. This limitation also applies to the storage of recreational vehicles and boats. See Section 11.4.05.100.0.2: Recreational Vehicles and Boats. 5. Height Limit. Detached accessory structures shall not exceed a height of 15 feet. 6. Compatibility. Construction and the use of materials and colors shall be compatible with the main structure whenever feasible. . CllY OF SEAL BEACH MUNICIPAL CODE 50 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 7. Building Permit Required. A Building Permit shall be required for all non-prefabricated accessory structures and for pre-fabricated accessory structures larger than 120 square feet in area. E. Driveways, Walkways, and Patios. Driveways, walkways, patio slabs, and other areas paved with concrete, asphalt or similar materials, and wooden decks, may be placed in up to 40 percent of the area within any required setback, provided that the structures do not exceed a height of 12 inches. This requirement does not exclude the use of steps providing access between areas of different elevation on the same site. At least 50 percent of all setback areas shall consist of permeable surface. F. Mechanical Equipment. Ground-mounted air conditioners, swimming pool pumps, and related and similar equipment may be placed within required rear setbacks, provided that the equipment is: 1. Not closer than 3 feet to any property line; 2. Not closer than 10 feet to a neighboring residence, or 8 feet with a sound attenuation structure approved by the Director; 3. Four feet or less in height; and 4. In compliance with the provisions of Section 7.15.035 of Chapter 7.15: Noise of Title 7: Public Peace, Morals and Welfare of the Seal Beach Municipal Code. G. Antennas. Antennas are subject to the provisions of Chapter 11.4.70: Wireless Telecommunications Facilities. H. Garages. A detached accessory garage shall not occupy more than 600 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by a Conditional Use Permit pursuant to Chapter 11.5.20: Development Pennits. I. Guest Rooms and Pool Houses. Guest rooms and pool houses shall be allowed subject to the following limitations: 1. No more than 1 guest room and 1 pool house shall be allowed on a single parcel unless a Conditional Use Permit is obtained pursuant to Chapter 11.5.20: Development Pennits. 2. Kitchen facilities shall not be allowed within a guest room or pool house; a pool house may have a sink and/or shower. CllY OF SEAL BEACH MUNICIPAL CODE 51 TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 3. Detached guest rooms and pool houses shall be limited to ground-floor construction, unless a Conditional Use Permit allowing a second floor is obtained pursuant to Chapter 11.5.20: Development Pennits. J. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions: 1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; 2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the California Building Code. See also Section 11.4.10.030: Swimming Pools and Hot Tubs, for additional regulations applicable to swimming pools, spas, and hot tubs located on residential properties. K. Minor Accessory Structures - Freestanding Barbecues/Fireplaces, Sculptures, and Fountains, etc. Minor accessory structures may be located in . required side and rear yard setbacks provided that the structure is located in the rear two-thirds of the lot and a minimum 5-foot clearance is maintained between such structure and dwelling if it is located in the required side yard. Minor accessory structures that are decorative such as landscape garden walls, fire pits, freestanding barbecueslfireplaces, sculptures, and fountains may be located anywhere on the property provided: 1. They do not exceed 6-feet in height when located within the required side and rear yard setback areas or exceed 42-inches in height when located within the front yard setback and; 2. Minor accessory structures greater than 6 feet in height and located in a required side or rear yard require Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits. 3. Rock formations shall be setback 1-foot from the side and/or rear property lines for each foot of rock formation height, maximum 5-foot setback required. Please see Figure 11.4.05.100.K.3: Rock Wall Setbacks Adjacent to Property Line. . CllY OF SEAL BEACH MUNICIPAL CODE 52 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Figure 11.4.05.100.K.3 Rock Wall Setbacks Adjacent to Property Line .. ~ \ U\ '1$'- pll I!II --It , ~. . L. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions: 1. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Pennits shall be required to establish a tennis or other recreational court. 2. Fencing. Court fencing shall be subject to the height limits of Chapter 11.4.15: Fences, Hedges and Walls. 3. Lighting. Court lighting fixtures shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjoining property, in compliance with Section 11.4.1 0.020.A: Lighting. M. Workshops or Studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, . etc. is subject to the following provisions when located in a residential zoning district: CllY OF SEAL BEACH MUNICIPAL CODE 53 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 1. Limitation on Use. An accessory structure may be constructed or used as a studio or workshop in any residential zoning district solely for the following noncommercial activities: a. Amusements or hobbies; b. Artistic endeavors (e.g., painting, photography, or . sculpture); c. Maintenance of the main structure or yards; d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other purposes deemed similar by the Director. 2. Floor Area. A workshop shall not occupy an area larger than 15 percent of the floor area of the main structure, except where a workshop is combined with a garage. In this case Subsection H: Garages, above shall apply. N. Tents and Portable Shelter Structures. The use of tents and other temporary and portable shelter structures shall be allowed only within a rear yard and subject to the provisions of Subsection 0.4: Maximum Lot Coverage, above. O. Restrictions on Residential Parking within Residential Districts. The parking of automobiles and recreational vehicles in residential zoning districts . shall comply with the following standards. 1. Location. Automobiles shall not be parked between the street property line and the front of a residential unit except on a driveway leading to a garage or carport, or a semicircular driveway on a lot that has a minimum frontage width of 80 feet. Semi-circular driveways may be approved only when the driveway interior is landscaped, and where 2 curb cuts are approved by the City Engineer. See also Section 11.2.05.015.V: Curb Cuts and Driveways - RLD-9 District. 2. Recreational Vehicles and Boats. Recreational vehicles may be stored or parked within single-unit residential districts only as follows: a. Recreational vehicles and boats may be stored only within the side or rear yard behind the front line of the residential unit or, in the case of a corner parcel, behind the front or street side line; b. A solid, minimum 6-foot high wall and/or gate shall screen recreational vehicles and boats from view from public roadway and from adjoining properties; c. Subject to the provisions of Subsection 0.4: Maximum Lot Coverage, above; and d. Recreational vehicles and boats may be temporarily parked on driveways in front of residences for not more than 72 continuous hours. . CllY OF SEAL BEACH MUNICIPAL CODE 54 . . . TITLE 11, - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS P. Driveway Standards. Driveways providing site access shall be from an improved street, alley, or other right-of-way and shall be designed, constructed, and maintained as follows. 1. Driveway Location. Driveways shall be located as far away from intersections and as directly across from any existing driveway on the opposite side of the street as is practical. Whenever a site has access to more than 1 street, a driveway access shall be generally located on the street with the lowest traffic volume, where the'impact of a new access will be minimized, provided that this location will not increase traffic impacts on residential neighborhoods. All proposed driveways are subject to approval by-the City Engineer. 2. Number and Extent of Residential Driveways. a. Number of Driveways - Mid-block Parcels. As practical, the number of driveways shall be limited to 1, provided that properties with more than 80 feet of street frontage may devote an additional 18 feet maximum to a second driveway if the additional driveway is separated as much as is feasible from the main driveway, as approved by the Director, and if the City Engineer determines that the second driveway will not cause the loss of an on-street parking space in an area where such a loss would cause significant harm to the general public welfare. See also Section 11.2.05.015.V: Curb Cuts and Driveways - RLD-9 District. b. Number of Driveways - Corner or Double Frontage Parcels. For corner and double frontage parcels with residential uses other than single-unit dwellings and duplexes, 1 access on each frontage may be allowed if the City Engineer determines that 2 driveways are needed to provide safe access. c. Driveway Width. Driveway pavement shall be limited to a maximum width of 20 feet, or 40 percent of the parcel width, whichever is less. Minimum driveway width shall be 10 feet. 3. Visibility Considerations. Driveways and driveway landscaping shall be designed to maintain visibility and minimize interference with passing pedestrians. Landscaping adjacent to a driveway and the walls of the building shall be designed not to interfere with motorists' views of the sidewalk and pedestrians' views of vehicles exiting the project. See also Section 11.4.20.030.C: Driveway Visibility. 111.4.05.105 Residential Care Facilities. Residential Care 'Facilities shall meet the following standards: A. Location. If located in a residential district, the minimum distance from other Residential Care Facilities is 300 feet. CllY OF SEAL BEACH MUNICIPAL CODE 55 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS B. Landscaping and Walls. A minimum 6-foot high perimeter wall, constructed of wood or masonry, is required to secure outdoor recreation areas and screen the site. Walls must be at least 75 percent opaque. Chain link fencing or barbed wire is prohibited. The project shall also comply with the provisions of Chapter 11.4.30: Landscaping and Buffer Yards. . C. Traffic Impacts. The operation of buses and vans to transport residents to and from off-site activities shall not cause traffic operating conditions, including street operation, intersection operation, and operation of any turning movement in an intersection, to exceed Level of Service "0" on collectors or local streets. D. Passenger Loading. One passenger loading space is required, either curbside or on-site. E. Deliveries. If located in a residential district, delivery of goods shall occur between the hours of 8:00 a.m. and 8:00 p.m., 7 days a week. Additional hours may be allowed with approval of a Conditional Use Permit. 111.4.05.110 Residential Uses - Multi-Unit Project Standards. A. Applicability. These provisions apply to new or remodeled multi-unit . projects (50 percent or more of building area remodeled). B. Open Space Requirements. All multi-unit residential projects except duplexes shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space). 1. Area Required. Private open space shall be provided at a ratio of 200 square feet per dwelling unit. Common open space shall be provided based on the size of the project, as indicated in Table 11.4.05.110.B.1: Multi-Unit Open Space Requirements. . CllY OF SEAL BEACH MUNICIPAL CODE 56 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS .... ..-;, .:.. ':~'.~"., ':':' ;..:>.::'.:: TXB~~::.:::1'~i.4.95:~~Q.B.~"'::::,,;< '~:::.'.:...." .....:....: ... ..'" .; ~ ,'I ~ "'''-,'. :! ~ ..'.....:,......1 ..::::'.;. "II:.' ", . I' :. ::'.~. . '.. :,~'.r,,1 ;', .,....., ..,' .'_ . . ':?'':'" '. .~:.;:-.:;..... 'MULTI-UNIJ:QPEtt$PACE REQUiREMENTS..'....'. ..' . ...... .", .~. . '. ..... . ' . . .1.. .' , " . I I ',' . . .. ...",. . ..1:, '..:-'t."<;' . ~ ):, .:.:~.:/:. ,':'.r.::',' .': :. .:.. Common .Open'Space 'R~q~ired.;::,:;, ;.''-:, .private :Open :.: .: ~"';.':.:;: ..:.;...:~[~J~ct:~~? :"::,<"?< ; ~: i~" ': ':.'" . ~. ';:~;Y::L< ,>::. ;': >'::':'..;:.. :';:'''':::'.: '.. ; :; .~J:'ace...~~quir8cf">i 3 to 4 units 200 sq. ft. 5 to 10 units 500 sq. ft. 11 to 30 units 1,000 sq. ft. 200 sq. ft. per unit 31 and more units 2,000 sq. ft. plus 500 sq. ft. for every 10 units above 40 units 2. Configuration of open space. a. Location on site. Required open space areas: i. Shall be located adjacent to the primary entrance; ii. Shall be designed to be easily accessible; iii. Shall be provided as continuous, usable site elements, which shall not include setback areas but may be contiguous to required setbacks; and iv. Private open space shall be at the same level as, and immediately accessible from, a kitchen, dining room, family room, master bedroom, or living room within the unit. Variations from these dimensional and locational standards may be allowed where it can be shown that the required private open space meets the intent and purpose of this Section. b. Dimensions. All open space areas shall be of sufficient size to be usable by residents. i. Private open space areas shall have a minimum dimension of 8 feet on any side, and a configuration that would accommodate a rectangle of at least 100 square feet. ii. Common open space areas shall have a minimum dimension of 20 feet on any side for projects of 5 or more dwelling units. c. Elevation. A minimum of 60 percent of the required common open space shall be located at grade or the level of the first habitable floor. d. Uncovered Areas Required. At least 33 percent of the perimeter of the private open space of each unit, or 100 percent of the roof of the open space of each unit, shall be open to the outdoors. Reference to this requirement shall be included in the Covenants, Conditions, and Restrictions of any common interest development. e. Substitution of Private Open Space for Common Open Space. For every square foot of private open space provided over and above that required, the amount of common open space required may be reduced by 1 square foot. CllY OF SEAL BEACH MUNICIPAL CODE 57 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 3. Allowed Uses. Required common open space: a. Shall be available for passive and active outdoor recreational purposes for the enjoyment of all residents of each multi-unit project; and b. Shall not include driveways, setbacks, public or private streets, or utility easements where the ground surface cannot be used appropriately for open space, parking spaces, or other areas primarily designed for other operational functions. 4. Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained by the owner of the property or by a homeowners' association. Provisions for control and maintenance shall be included in the Covenants, Conditions, and Restrictions of any common interest development. 5. Surfacing. Open space areas shall be surfaced with any practical combination of lawn, landscaping. paving, decking, concrete, or other serviceable material. 6. Landscaping. The applicant shall submit a landscape plan for approval. Landscape design, installation, and maintenance shall comply with . Chapter 11.4.30: Landscaping and Buffer Yards. 5 percent. C. Facility and Design Requirements. 7. Slope. Required open space areas shall not exceed a slope of 1. Accessory Structures. Accessory structures and uses (e.g., car washing areas, bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall incorporate a design, including materials and colors, similar to the dwelling units, and shall be located in an efficient manner in compliance with this Subsection. 2. Front Facade. At least 50 percent of the front facade of all buildings fronting public streets shall be habitable space. A project shall have at least 1 private entry into the facade adjacent to the right-of-way, with the entry at or within 5 feet of the finished grade. 3. Front Yard Paving. No more than 40 percent of the total area of the front yard setback shall be paved for walkways, driveways, and other hardcover pavement. . CllY OF SEAL BEACH MUNICIPAL CODE 58 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 4. Driveway Width. Driveway pavement shall be limited to a maximum width of 20 feet, or 40 percent of the parcel width, whichever is less. Minimum driveway width shall be 10 feet. 5. Laundry Facilities. All residential developments with 5 or more dwelling units shall provide common laundry facilities, except developments with facilities provided within each unit. a. Keyed access. Laundry facilities shall be provided with keyed access for "tenants only." b. Location. The facilities shall be evenly dispersed throughout the multi-unit project and easily accessible to all tenants. 6. Outdoor Lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 11.4.10.020.A: Lighting. The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least 1-foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. All proposed lighting shall be shown on the required landscape plan. 7. Storage Area. Each dwelling unit shall be provided a minimum of 100 cubic feet of lockable storage area with a minimum dimension of 30 inches, outside of the dwelling unit; provided that these storage areas shall not be visible from a public street. 8. Television Antennas. Dwelling units shall not have exterior television antennas other than satellite dishes less than 39 inches in diameter. A single common, central antenna may be allowed, with underground cable service to all dwelling units. This restriction shall be included in the Covenants, Conditions, and Restrictions of any common interest development. 9. Solid Waste Recycling. Each project shall incorporate innovative designs, both interior and exterior, to make solid waste recycling more convenient and accessible to the occupants. See also Section 11.4.10.025: Recycling and Solid Waste Facilities. 111.4.05.115 Residential Uses - Second Dwelling Units. The following regulations are intended to comply with Government Code Sections 65852.150 and 65852.2 or any successor statutes, on second units and implement the General Plan, by allowing Second Units in specified residential districts subject to the following requirements: CllY OF SEAL BEACH MUNICIPAL CODE 59 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS A. Second Dwelling Units Permitted. An application for a Second Dwelling Unit that meets the standards contained in this section shall be approved ministerially without discretionary review or public hearing. . B. Where Allowed. Second Dwelling Units may be established on any lot in the RLD-9, RLD-15 district, and in the RMD and RHO zones, excluding Old Town, where a primary single-unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only 1 Second Dwelling Unit is permitted per primary single-unit dwelling on the same lot. C. Primary Dwelling Unit A legal single-unit dwelling (the "Primary. Dwelling Unit") must exist on the lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. D. Independent Facilities. A Second Dwelling Unit shall provide independent living facilities for 1 or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Maximum and Minimum Floor Area. 1. The maximum and minimum floor areas of a Second Dwelling Unit are set forth in Table 11.4.05.115. E: Second Dwelling Unit - Maximum and . Minimum Floor Area. "I I" ' .. - v, , ' '" "d" TABLE 11~4.05.115.E : '. "I'" 'I" .' ': ~ . H ~ '. ". .','.'. . . :.. ~ '. ~I I . . ., : '.. .t . . . ,"', ."" SECOND DWELLING UNIT - MAXIMUM AND MINIMUM FLOOR AREA. .. a '. ;..' ' ,:" :. a ~ ", I '.. " . ; . .. ,':.. :':\"'" ",: -:Type of.Secon~ Unit :..,,'.::, .> ,,' ,.> .....~...'.~r~~..,tSq(uire ~~.etl-.: ,'" .: ,.,~ .' Maximum Floor Area Detached Attached Minimum Floor Area Efficiency 1-Bedroom 2-Bedroom 800 30% of primary residential unit 150 400 600 F. Zoning Requirements. A Second Dwelling Unit shall comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. . CllY OF SEAL BEACH MUNICIPAL CODE 60 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS G. Entrance Location and Visibility. A Second Dwelling Unit shall have an outdoor entrance separate from the primary dwelling. In order to maintain the single-unit residential character of the street, the entrance to the Second Dwelling Unit shall be located so that it is not visible from the public right-of-way. H. Emergency Access. A Second Dwelling Unit may be permitted only on a lot with access to a public street that meets the fire apparatus access road requirements of the California Fire Code Section 902.2.2.1 et seq. or any successor regulations. I. Parking. A minimum of 1 covered parking space shall be required for each Second Dwelling Unit. No $econd Dwelling Unit shall be allowed unless the primary dwelling is also in compliance with all applicable parking requirements of this Zoning Code. J. Ownership. The property shall be the primary residence of the property owner. The owner must occupy either the Primary Dwelling Unit or Second Dwelling Unit as his or her primary principal residence. K. Deed Restriction. The Second Dwelling Unit shall not be sold, transferred, or assigned separately from the Primary Dwelling Unit. Before obtaining a building permit for the Second Dwelling Unit, the owner of the lot or parcel shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that: 1. The Second Dwelling Unit shall not be sold separately. 2. The Second Dwelling Unit shall be considered legal only so long as either the Primary Dwelling Unit or the Second Dwelling Unit is occupied by the owner of record of the property. 3. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. L. Impact on Historic Resources. No Second Dwelling Unit may be approved if located on, or adjacent to, real property that is listed on the California Register of Historic Places. S 11.4.05.120 Restaurant - Alcohol Sales. A. Permit Requirement. The establishment of a new restaurant that serves alcoholic beverages, or the reconstruction, enlargement or alteration of an CllY OF SEAL BEACH MUNICIPAL CODE 61 TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS established restaurant currently approved for the sale of alcoholic beverages, may be approved only through the granting of a Conditional Use Permit. The Commission shall make the following findings in addition to the findings required by Chapter 11.5.20: Development Pennits: . 1. The proposed use will not result in an undue concentration of establishments dispensing alcoholic beverages. 2. The distance of the proposed use from the following uses is sufficient to eliminate adverse impacts due to operational characteristics of the restaurant: a. Residential uses; b. Religious facilities, schools, libraries, public parks and playgrounds, and other similar uses; and c. Other establishments dispensing alcoholic beverages. 3. Noise levels generated by the operation of the establishment would not exceed the level of background noise normally found in the area or would otherwise not be intrusive. 4. Signs and other advertising on the exterior of the premises . would be compatible with the character of the area. B. Compliance with City Council Policy. The Conditional Use Permit shall include all appropriate conditions of City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses. C. Display of Permit Required. The Conditional Use Permit issued for the alcoholic beverage establishment and a copy of the conditions of approval for the permit shall be displayed on the premises of the establishment in a place where it may readily be viewed by any member of the general public. S 11.4.05.125 Senior Citizen Apartments and Independent Living Facilities. Where allowed by Part II: Base District Regulations, senior citizen apartments shall comply with the regulations of this Section. A. Permit Requirement. Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to establish a Senior Citizen Apartment or an Independent Living Facility. . B. Minimum Qualifying Age. The development must be deed restricted for senior citizens and/or physically/mentally disabled residents for the life of the . CllY OF SEAL BEACH MUNICIPAL CODE 62 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS structure. The deed restriction shall limit residency to senior citizens and/or physically/mentally disabled residents in compliance with state law. C. Required Findings. In determining whether to grant a Conditional Use Permit for senior citizen apartments, or, if granted, the nature and extent of conditions to impose on the permit, the Commission shall make findings in accordance with Section 11.5.20.020: Required Findings, in addition to the following considerations: 1. proposed site. The nature and use of real property within 500 feet of the 2. Adequate buffering from incompatible land uses through the use of increased setbacks, landscaping, screening walls, the location of windows, and building design and orientation. 3. Access and proximity to shopping areas, medical services, public transit stops, and other providers of needs particular to senior citizens. 4. Appropriate common open space and recreational facilities. D. Development Standards. Each senior citizen apartment project shall comply with the development features set forth in Table 11.4.05.125: Senior Citizen Residential Project Development Features. .. . ".Table11.4.05.1,25.-:< ,::": ".,. '. Senior .Cit~zen Residential Project 'Devel~pment Features '. " Developm~n~ Featur~" ,~~, ' ' ,~, .~;:. ,'. ~., . h ~~quireineh~: Maximum Building Height 3 stories/35 feet Maximum Density 40 units per acre Maximum Lot Coverage 60% Minimum Front Yard Setback 20 ft, with minimum 15 ft between building and any private patio wall Minimum Side Yard Setback Interior Street Side Minimum Rear Yard Setback 10 ft 15 ft 15 ft CllY OF SEAL BEACH MUNICIPAL CODE 63 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . " .'.../:., '." " . '> .. ..:'. " .....;.... :...~'-....:.'T~ble,1.1'~4~105.1~5:,(CQntinued)<.~..~,. ..........\.......-.;:.. .:' "Senic)r C:itizen R~s.dentiat .Pr~Ject De~~lop~~~t Felltures': ~~. '....:.:..: . r' ,. ,... . ;:00" ~'. :>:.::;~.. .....: ...D.~elopmerii'F~~t~re:.. .">~' , ".: .....:<:..:: >\.:>: ....:..:'.'.:~eq'j"i..,91;~~t".:<:'~'.... :\i.!;/'..::.'<~:i.: Minimum Dwelling Unit Size 1-bedroom unit 2-bedroom, 1-bathroom unit 2-bedroom, 2-bathroom unit or larger 550 sq. ft. 600 sq. ft. 700 sq. ft. Off-street parking 1 covered space per unit and 1 guest space for each five units See Section 11.4.05.110.B: Open Space Requirements Open Space E. Landscaping. The applicant shall submit a landscape plan for approval. Landscape design, installation, and maintenance shall comply with Chapter 11.4.30: Landscaping and Buffer Yards. Up to 35 percent of the required landscape area may be installed with hardscape materials, at the discretion of the Director. . F. Additional Amenities. Each dwelling unit shall be provided with: 1. An oven and stove; 2. A garbage disposal; 3. Central heating and air conditioning; 4. At least 150 square feet of indoor storage, including closets; and 5. A minimum of 100 cubic feet of lockable storage area with a minimum dimension of 30 inches, outsid.e of the dwelling unit; provided that these storage areas shall not be visible from a public street. G. Security Requirements. Each senior citizen apartment development shall include the following security provisions to safeguard residents: 1. Electrically-monitored entry gates accessed at a central location; 2. man'ager's unit; 24-hour medical alarm security system connected to the . CllY OF SEAL BEACH MUNICIPAL CODE 64 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 3. Smoke detectors in all units, corridors, and common areas; and 4. Any other security measures deemed necessary by the Chief of Police, the Orange County Fire Authority, and the Commission. H. Accessory Non-Residential Facilities. Senior apartments and independent living centers may be allowed additional non-residential facilities, including intermediate care facilities, and personal services (for example, beauty salon, physical therapy) through Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Pennits, without a requirement for additional parking, provided that the facilities shall only be for the private use of project residents. S 11.4.05.130 Temporary Structures, Trailers, and Modular Units. This Section sets forth requirements for the establishment and operation of temporary structures, trailers, and modular units. A. Permit and Operational Requirements. The use of temporary structures, trailers, and modular units shall be subject to the following requirements: 1. Administrative Use Permit Required. The establishment and operation of a temporary structure, trailer, or modular unit shall require the approval of an Administrative Use Permit in compliance with Chapter 11.5.20: Development Pennits. 2. Only when Permanent Facilities are being Constructed or Remodeled. The Director may approve an Administrative Use Permit only when permanent facilities are being constructed or remodeled in accordance with applicable codes. 3. Time Limit on Administrative Use Permit. Approval shall be limited to a maximum of 1 year. However, upon request by the applicant, an extension may be granted by the Director, only if evidence is provided that extraordinary circumstances exist which prevent the completion of the permanent facilities within the original 1 year time period, or if permanent facilities are near com- pletion. A decision by the Director to deny a request of an extension may be appealed pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi- Judicial Decisions. 4. Statement of Surety. When required by the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total cost of removal of such temporary structure or structures, as determined based on an actual bid of a licensed contractor, shall be CllY OF SEAL BEACH MUNICIPAL CODE 65 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS posted with the City for a 2-year period. See Section 11.5.10.070: Perfonnance Guarantees. . S 11.4.05.135 Vacation Rentals. This Section sets forth requirements for the establishment and operation of Vacation Rental facilities. A. Permit and Operational Requirements. The approval and operation of a vacation rental shall be subject to the following requirements: 1. Conditional Use Permit Required. The establishment and operation of a vacation rental in the RLD-9 and RHD-20 Districts shall require the approval of a Conditional Use Permit in compliance with Chapter 11.5.20: Development Pennits; 2. Maximum Number of Units. A vacation rental shall consist of no more than 2 complete residential units; 3. Business License Required. A Business License is required for the establishment and operation of a vacation rental; . 4. Transient Occupancy Tax. The Transient Occupancy Tax Remittance form shall be completed, and the owner or manager shall pay the Transient Occupancy Tax; 5. Maximum Length of Stay. Visitor occupancy shall be limited to a maximum of 29 consecutive days; 6. Fire and Life Safety. Fire and life safety requirements as required by the Fire Authority and the Building Department shall be implemented. These requirements include, but are not limited to approved smoke detectors in each lodging room, installation of an approved fire extinguisher in the structure, and the inclusion of an evacuation plan posted in each lodging room; 7. Annual Inspection. Each vacation rental shall comply with the annual fire and life safety certification procedures of the Orange County Fire Authority; 8. Secondary Use. A vacation rental in the Commercial Zone shall be allowed only in conjunction with an approved commercial use. ,B. Licensed Vacation Rentals. Existing, licensed vacation rentals shall be allowed to continue as a legal, nonconforming uses provided they comply with the . CllY OF SEAL BEACH MUNICIPAL CODE 66 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS requirements set forth in subsection A.3 through subsection A.8, above. For the purpose of this Section, "licensed" shall mean a vacation rental which as of May 21, 2008, has a valid business license and has registered to pay the Transient Occupancy Tax pursuant to Title 4: Revenue and Finance, Chapter 4.35: Transient Occupancy Tax of the Seal Beach Municipal Code. S 11.4.05.140 Warehouse Retail and Large-Scale Commercial Projects. A. Applicability. The provisions of this Section apply to proposed retail structures of 20,000 square feet or larger with a primary fayade over 100 feet in length. B. Design and Development Standards. Proposed large-scale retail structures shall comply with the following standards. 1. Building Design. a. Exterior Wall Appearance and Details. i. Building walls shall incorporate the same quality and level of detail of omamentation on each elevation. ii. Building facade details and materials shall be integrated into building design, and shall not be or appear as artificial "glued/tacked- on" features, encouraging the perception of low quality. b. Horizontal Wall Articulation. All building walls shall be designed to break up the appearance of a box-like structure by: i. Providing variations in wall plane and surface relief of at least 3 feet of wall plane variation for every 50 feet of wall plane length. ii. Including extensive facade articulation in the form of horizontal and vertical design elements to provide variations in wall plane and surface relief, including providing a variety of surface textures, recesses and projections along wall planes; and iii. Using different building and wall materials (e.g. varying colors, reveals, wainscot at building base to lessen the building bulk, cornices and parapet details, moldings, use of a variety of materials (as appropriate for architectural style) including brick, stone, wood and wood trim elements, tile accents, trellises, etc. c. Vertical Wall Articulation. Building height shall be varied so that the vertical mass is broken into smaller distinct elements. Structures over 20 feet in height (i.e. 2 stories or more) shall include a second story setback of 5 feet for each story above the first floor on all elevations. Second stories shall include detailed building articulation with windows, eaves, and decorative details such as tiles, wood trim, etc. as appropriate. d. Roof Lines. The roof line shall be varied to break up the mass of the building. Roof designs shall include pitched roofs with roof overhangs proportional to the scale of the adjoining building wall and/or arcades or awnings. CllY OF SEAL BEACH MUNICIPAL CODE 67 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS e. Windows. Structures shall incorporate vertically oriented windows with window trim or other window ornamentation consistent with the architectural theme, at a regular rhythm on building elevations visible from a public right-of-way. . Figure 11.4.05.140 Building Design - Horizontal and Vertical Articulation and Windows . f. Location of Secondary Uses. Secondary uses or departments including pharmacies, photo finishing/development, snack bars, dry cleaning, etc., shall be oriented to the outside of the building. This includes these uses having separate entrances and windows facing the outside of the building. The intent is to break up the appearance of the large, primary building by creating a more human-scale atmosphere. Transparency and architectural articulation shall be provided as required by the base district regulations. Internal access from any small shop or sub-area to the large format retail establishment may be provided, directly connecting the small shop to the large format retail. Each small shop or sub-area shall provide appropriate signage that identifies each individual business or shop. Signs shall be provided in accordance with the requirements of Chapter 11.4.25: Sign Regulations. Food courtslbars shall provide indoor and sheltered outdoor eating areas with tables, chairs, umbrellas, etc. in accordance with the provisions of Section 11.4.05.090: Outdoor Dining, Display, and Sales Standards. . CllY OF SEAL BEACH MUNICIPAL CODE 68 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. Landscaping. The applicant shall submit a landscape plan for approval. Landscape design, installation, and maintenance shall comply with Chapter 11.4.30: Landscaping and Buffer Yards. In addition, landscaping that complements the building shall be provided along the base of structures. Landscaping shall include evergreen trees, shrubs and ornamental landscaping (and berms where appropriate) with all landscape areas having a minimum width of 5 feet. Landscaping shall be used to create a focal point near front building entrances. Sidewalks and other walkways shall also be integrated with landscape areas around the building ba~e and in parking lot areas. 3. Outdoor Lighting. The project shall comply with all provisions of Section 11.4.10.020.A: Lighting. In addition, outdoor lighting fixtures on buildings and in parking lot shall be in keeping with the architectural style of the structure. The installation of more, smaller scale parking lot lights instead of fewer, overly tall and large parking lot lights shall be utilized. Outdoor light fixtures shall not exceed a height of 14 feet or the height of the building, whichever is less. 4. Signs. A Planned Sign Program shall be developed and incorporated into the project design in accordance with the requirements of Chapter 11.4.25: Sign Regulations, Section 11.4.25.045.E: Planned Sign Programs. CllY OF SEAL BEACH MUNICIPAL CODE 69 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . Page intentionally left blank . . CllY OF SEAL BEACH MUNICIPAL CODE 70 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.10 General Site Standards Sections: S 11.4.10.005 111.4.10.010 S 11.4.10.015 S 11.4.10.020 S 11.4.10.025 111.4.10.030 S 11.4.10.035 111.4.10.040 111.4.10.045 S 11.4.10.005 Applicability Development on Lots Divided by District Boundaries Mechanical Equipment Screening Performance Standards Recycling and Solid Waste Facilities Swimming Pools and Hot Tubs Underground Utilities Street and Highway Dedications and Improvements Solar Energy Systems Applicability. This Chapter establishes standards for specific uses that are permitted or conditionally permitted in several or all districts, and specific site standards that apply to several or all districts. S 11.4.10.010 Development on Lots Divided by District Boundaries. A. . Generally. The regulations applicable to each district shall be applied to the area within that district and no use shall be located in a district in which it is not a permitted or conditionally permitted use. B. Determination of District Boundary. See Section 11.1.10.015.B: Zoning Map, for determination of district boundaries. Where uncertainty exists as to the boundaries of any district or zone shown upon a zoning map as applied to lots divided by district boundaries, or any part or unit thereof, the following rules shall apply: 1. In the case of un-subdivided property and where a zone boundary divides a lot, the location of s.uch boundaries, unless the same are indicated by dimensions, shall be determined by u,se of the scale appearing on the zoning map. 2. Any remaining uncertainty shall be determined by the Director pursuant to Section 11.1.10.015: Rules of Interpretation. 3. Where a public street or alley is officially vacated or abandoned, the area comprising such vacated street or alley shall acquire the classification of the adjoining property. CllY OF SEAL BEACH MUNICIPAL CODE 71 TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.10.015 Mechanical Equipment Screening. All mechanical and electrical equipment and antennas shall be screened or incorporated into the building design so as not to be visible from the view of a person standing on the property line on the far side of an adjacent public street. See Figure 11.4.10.015: Screening of Equipment. These include, but are not limited to, all roof- mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers and pull boxes. Screening materials shall be consistent with the materials of the building. Figure 11.4.10.015 Screening of Equipment RlIIlI_ c-~ . Lot k Public Righl..()f.Wav J- Ficmrf! 7~ S~rf!f!nimr nf F.ollinmf!nt. F.tl'_ S 11.4.10.020 Performance Standards. The following performance standards shall apply to development within the City: A. Lighting. requirements: Lighting shall. be provided subject to the following 1. Purpose. Parking lots, driveways, circulation areas, passageways, recesses, and grounds contiguous to buildings shall be provided with sufficient illumination levels to make clearly visible the presence of any persons on or about the premises during the hours of business non-operation and shall provide a safe, secure environment for all persons, property, and vehicles on site. 2. Exterior Fixtures. Lighting fixtures shall be architecturally . compatible with the character of the surrounding structure(s) and shall be energy CllY OF SEAL BEACH MUNICIPAL CODE 72 . . . TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS efficient. Fixtures shall be appropriate in height, intensity, and scale to the use they are serving. 3. Outdoor Illumination Levels. This requirement shall not apply to single-unit residential uses, traffic safety lighting, or public street lighting. A minimum of 0.5-foot candle of illumination shall be maintained at the land surface throughout the area to be illuminated. In addition, related business use parking areas shall conform to the standards set forth in Table 11.4.10.020.A: Outdoor Parking Area Illumination Levels by Use (Average Foot Candles). ...... '.:. '. ~~"."':TABLE"1'1'.~~10.'020.~A,'.:.'''-.:'''::''\:'>,:-- ::.:.>.,.-::':.... .....: . . '. : ....", . .': ...' .,' '.;~; . ..':':,':". .', . . . .'. ';: . :.:;. . .'... . " .. OUmOOR .PARKING AREA ILLUMINATioN :LEVELS'.'B\'.l:JSE '~. .... .,... . I.. .'. '1:. " '" , . '\.. . :~','" ;..... .' " . '. .1' . : . , ..... "'; .~ .~.:. .:. (AVERAG'E FOOT CANDLES) . .... P.. ,'. . . ." . . ..,'1 ....;'..... " '.. .,' .. ' .' .. :':.. . ',' . ". .' _ . . "":. . . '., : >.:....':.:.:.,.:::.. L~nd Us.r :';;' ..:<.. ',' :,,~-: ': ..\.:.: :,~i', .111.Un1.it,~.~.~n .~~~~~:~ ::.:;' :Y:. ...:::.'..; . ':" " "'i":.:..'" ,y' . ~ '. '.: ,.. .. '.- .'~ '.. ."- (Average 'Foot :Candles") :.~ ;.: , : '. : Financial Institution/Bank 2 to 3 foot candles Bar/Restaurant 2 to 3 foot candles Condominium, Apartment, Mixed Use Residential Meeting Center Convenience Stores 1 foot candle 2 foot candles Car Wash Drive-In/Drive-Through Facilities Automobile Service Station Hotel/Motel Office Warehouse Retail/Commercial Fast Food Facilities Mixed Use Commercial/Residential Pedestrian Courts/PlazaslWalkways 2 to 3 foot candles 2 foot candles 2 to 3 foot candles 2 to 3 foot candles 2 foot candles 1 foot candle 1 foot candle 2 to 3 foot candles 2 to 3 foot candles 2 to 3 foot candles 1 to 2 foot candles The electrical or lighting plan shall demonstrate the dispersal of light on the ground surface and compliance with the requirements of this Section. Building mounted decorative lights shall not exceed 5 foot-candles measured 5 feet from the light source. CllY OF SEAL BEACH MUNICIPAL CODE 73 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 4. Security Lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances/exits. Security lighting shall provide a minimum of 1 foot-candle and a maximum of 2 foot-candles at the ground level of the entrance. 5. Shielding. This requirement shall not apply to single-unit residential uses, traffic safety lighting, or public street lighting. Where the light source is visible from outside the property boundary, shielding shall be required to reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point 5 feet or more beyond the property line. 6. Height Light standards shall be limited to maximum height of 20 feet or the height of the nearest building, whichever is less. The Director may allow taller standards in large parking lots that are not adjacent to residential uses or in other special settings upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. 7. Recreational Court Lighting. The following standards shall apply to the lighting of outdoor recreational courts: a. Type. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated . with a dark, low reflectance material; b. Location. Light fixtures shall not be located closer than 10 feet to the nearest residential property line; c. Height The maximum height of the light fixtures shall be 15 feet measured from the court surface; d. Number. Not more than 1 light fixture for each 900 square feet of court surface is allowed, with a maximum of 8 poles and fixtures for each recreational court; e. Supports. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole; f. Design. Light fixtures shall be designed, constructed, mounted, and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point 5 feet or more beyond the property lines of the subject parcel. The incident light level at a property line shall not exceed 1 foot-candle measured from finished grade to a height of 12 feet. The incident light level upon any habitable structure on an adjoining property shall not exceed 0.05 foot~candles; g. Hours of Operation. Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11 :00 p.m. and 7:00 a.m. on Saturdays and Sundays; . CllY OF SEAL BEACH MUNICIPAL CODE 74 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS h. Coating of Surface. In the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating; and i. Modification of Provisions. Provisions of this Subsection may be modified by the Director through the approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits. 8. Director Authority. The Director may require: a. Photometric diagram and catalog cuts for conformity review of these standards. b. Fixture replacement if it is found that glare continues to be an issue following installation of lighting fixtures. c. Illumination levels for uses not set forth in this Sub- Section A. . d. Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits, when security, energy conservation, aesthetics, or design requirements require modifications of the standards in this Sub-Section A. B. Noise. The following noise standards are guidelines and performance- based standards only. If an area currently is below the desired maximum noise levels, an increase in noise up to the maximum should not necessarily be allowed. The impact of a proposed project on an existing land use should be evaluated in terms of the increase in existing noise levels and potential for adverse community impact. 1. Definitions. The following definitions apply to the provisions of this Section only. a. "Nonnally acceptable": the specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. b. "Conditionally acceptable": the specified land use may be permitted with the preparation of a noise study and only after detailed analysis of the noise reduction requirements and needed noise insulation features are included in the design. c. "Unacceptable" new construction or development should generally not be undertaken because mitigation is usually not feasible to comply with Noise Element policies. 2. Outdoor Noise Levels. All new development shall comply with the outdoor noise standards established in Table 11.4.10.020.B.2: Outdoor Noise Levels. CllY OF SEAL BEACH MUNICIPAL CODE 75 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . ,'.':.A'r .' . ~ :,} '. .: '. t. '.' ~ .' J . .. ': .. r~BLE '1"1~~:1.0.02~.B.~.. .... '.;........ ..';.., .. ' ..OumOOR...NOI$E.:i.EVEL$....: ": :'," "d. .: I' "I " .. .. : "". '\ . ': ,'I.. ," " '7... .' );." ...' "" . . ...... (.~, . .. '.' .' '.. . y.... ..... ;_:'...:\. . ~ .," "", '., ....'{. ~ "'. ..' .::, ;.. ~.,.:< ..,Exterior.':Noise'.EJipos~" (L.dn qr.'CI!E!.:, d8J". ,.... ,', :<%..... .. " .... .....' >, . ...... ^ '.Y ", '. :~a.~d.U~~ TYjJ.~:.'...:'. N,onit.aiiy .::~ .co-"/Jiiionallj(:.. : "f.':". '..:: '>';"". . ., . ., . ". 'A' tabl . A --bJ" Unacceptable " .." "<,r,~., '. ';\ .:'..::-. ':~:., . ccep e.~?' ccep&Cf e~... . ~.~ . ,.,.,,' '.' "':':.~ . ,','. ",V.. '_'...... ..... . '.. .... "'. ." '.:.' ..)/':'.. Residential, Hotel and Motels Outdoor Sports and Recreation, Neighborhood Parks and Playgrounds Schools, Libraries, Museums, Hospitals, Personal Care, Meeting Halls, Religious Institutions Office Buildings, Business Commercial, and Professional Auditoriums, Concert Halls, Amphitheatres Industrial, Manufacturing, Utilities and Agriculture 60 75 >75 65 80 >80 60 75 >75 60 80 >80 . 70 >70 70 85 a. Outdoor Noise Levels for Residential Areas. The goal for maximum outdoor noise levels in residential areas is an Ldn of 60 dB. This level is a requirement to guide the design and location of future development and is a goal for the reduction of noise in existing development. This goal will be applied where outdoor use is a major consideration (e.g., backyards in single-unit housing developments and open space areas in' multi-unit housing projects). The outdoor standard will not normally be applied to the small decks associated with apartments and condominiums but these will be evaluated on a case-by-case basis. Where the Director determines that providing an Ldn of 60 dB or lower outdoors is not feasible, the outdoor goal may be increased to an Ldn of 65 dB upon approval of an Administrative Use Permit, pursuant to Chapter 11.5.20: Development Permits. b. Transportation Noise Sources. For other non- transportation related noise sources, noise levels outdoors should not exceed the limits in Table 11.4.1 0.020.B.2: Outdoor Noise Levels, above. . CllY OF SEAL BEACH MUNICIPAL CODE 76 . . . TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS c. HV AC Equipment. For noise levels associated with HVAC equipment, please refer to Title 7, Chapter 7, Noise, Section 7.15.035: HVAC Equipment. 3. Indoor Noise Levels. All new development shall comply with the indoor noise standards established in Table 11.4.10.020.B.3: Indoor Noise Levels. ~ " .. ~. .. . .... '.. . " : I: ~ . ....:.,...' 'L ., ,,' TA$LE.t1.4.10.020..B.3":'j~ ,: .'-., . . " , .":" . . .: . ..:: I : ~:... .. . ... ......;. '; :~:l '.>.'.:'(. .. .. INDOOR. .NQISE LEVeLS' .-:'\;. "~:":"::.,: A . '.::,'.. "I.... ':' ". ~ ~." ',: : " t LanciiJsffType::;~"':' ..... ':' ":'{;:;"':"~" }ndo''Oi Noise L'e~e'~.~;;.:t': ...~'. .. Residential 45 dB1 ..', .. A'<l .. ........; .' ...~(\. '.:' .... :..........::...~ Commercial, Industrial and Office 'As required by the State of California Noise Insulation Standards Evaluated on a case-by-case basis; generally 45 Leq (hourly average or less) a. Indoor Instantaneous Noise Levels. Interior noise levels in new residential units exposed to an Ldn of 60 dB or greater should be limited to a maximum instantaneous noise level of 50 dBA in the bedrooms. Maximum instantaneous noise levels in other rooms should not exceed 55 dBA. The typical repetitive maximum instantaneous noise level at each site would be determined by monitoring. 4. Evaluation of Noise Impacts in Existing Residential Areas. The noise environment in existing residential areas shall be protected. The Director shall require the evaluation of mitigation measures for projects under the following circumstances: a. The project would cause the Ldn to increase 3 dBA or more. b. Any increase would result in an Ldn greater than 60 dBA. c. The Ldn already ~xceeds 60 dBA. 5. Noise Study Required. The Director may require a noise study to be prepared for all new uses with outdoor noise levels within the conditionally acceptable range in Table 11.4.10.020.B.2: Outdoor Noise Levels above, or uses that, in the Director' opinion, may not meet the standards of the Noise Element. The noise study shall, at a minimum, conform to the following standards: a. The analysis shall be prepared by a qualified person experienced in the fields of environmental noise assessment and architectural acousti'cs. CllY OF SEAL BEACH MUNICIPAL CODE 77 TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS b. Noise levels shall be documented with sufficient sampling periods and locations to adequately describe local noise conditions and noise sources. c. Existing and projected noise levels shall be estimated in terms of Leq and Ldn or CNEL. Levels shall be compared to the existing ambient noise levels. d. Mitigation shall be recommended, giving preference to site planning and design rather than noise barriers, where feasible. e. Noise exposure after the prescribed mitigation measures have been implemented shall be estimated. . 6. Noise Mitigation Measures. The approval body may require a project to incorporate any noise mitigation measures deemed necessary to ensure that noise standards are not exceeded. C. Fire and Explosion Hazards. All activities involving the use of, or storage of, flammable and explosive materials shall be operated with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire-suppression equipment and devices, as approved by the Orange County Fire Authority. Incineration is prohibited. D. Radioactivity or Electrical Disturbance. No use, activity or process, . other than wireless communications which are regulated specifically in Chapter 11.4.70: Wireless Telecommunications Facilities shall cause electromagnetic interference with normal radio or television reception in residential districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. E. Vibration. No use, activity or process shall produce vibrations that are perceptible without instruments by a reasonable person at or beyond the property line of the site on which they are situated. F. Smoke, Particulate Matter, Odor and Other Air Contaminants. All uses, activities or processes shall be conducted to prevent the emission of particulate matter or air contaminants that are readily detectable without instruments by a reasonable person beyond the property line of the site on which they are situated. All required permits from the South Coast Air Quality Management District shall be obtained. G. Humidity, Heat and Cold. All uses shall be operated so as not to produce humidity, heat or cold which is perceptible without instruments by a reasonable person at or beyond the property line of the site on which such uses are situated. . CllY OF SEAL BEACH MUNICIPAL CODE 78 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS H. Storm Drainage and Storm Water Runoff. 1. Prevention of Runoff. Site grading shall be designed to prevent runoff onto adjacent properties and to eliminate the impacts of runoff on all structures on the site. 2. Connection to Public Drainage System Required. On-site drainage systems shall be connected directly to the existing public storm drainage system whenever an underground storm drain exists adjacent to a development site. Connection to a storm drainage system shall be in compliance with any required connection permits of the jurisdictional agency. 3. Runoff Water Quality. Storm water and urban runoff discharges to the public storm drainage system shall be prohibited for all discharges not wholly comprised of storm water, or allowed by a valid National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. Discharges shall comply with Chapter 9.20: Stonn Water Management Program, Chapter 9.25: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.35: Water, and Chapter 9.50: Grading of the Municipal Code. Proposed projects shall be designed to comply with the following requirements, and shall integrate best management practices as required by the City's NPDES permit and to the satisfaction of the City Engineer: a. Minimize parking lot pollution through retention, infiltration, and good housekeeping. b. Vegetation clearance in preparation for construction shall commence no earlier than one month before the start of construction in the dry season and no more than one week before the start of construction in the wet season. c. Runoff from the washing of toxic materials from paved or unpaved areas shall not be allowed to enter the storm drain. 4. Non-permeable Surfaces. No more than 50 percent of required ground-level common open space' areas, and of all required setbacks and yards, shall have non-permeable surfaces. Porous paving and landscaping shall be considered permeable surfaces. Where subterranean parking garages extend to property lines, an alternate area of size equal to at least 50 percent of the required yard shall have a permeable surface. 5. National Flood Insurance Program. The provisions of Chapter 9.45: Floodplain Management, of the Municipal Code and the provisions of 44 C.F.R. Parts 59-77, shall be complied with, in all respects, for compliance with the National CllY OF SEAL BEACH MUNICIPAL CODE 79 TITLE 11 - ZONING PART IV: REGULA nONS APPL YING IN SOME OR ALL DISTRICTS Flood Insurance Program administered by the Federal Emergency Management Agency (FEMA). . S 11.4.10.025 Recycling and Solid Waste Facilities. A. Definitions. The following definitions apply to the provisions of this Section only. 1. "Existing development projecf: any commercial, industrial, or institutional building, or cluster of buildings, constructed prior to May 21,2008. 2. "Existing project': any existing development project, existing public facility, or existing residential project, as those terms are defined by this Section. 3. "Existing public facility': any existing public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste which was constructed before May 21, 2008. ' 4. "Existing residential projecf: a residential project which was constructed before May 21,2008, and which consists of either of the following: . a. A single building having 5 or more dwelling units; or b. A residential project consisting of 5 or more dwelling units where solid waste is not collected and loaded from each individual unit's curbside, but is instead collected and loaded in a location intended to serve 5 or more dwelling units. 5. "New development projecf': any newly constructed commercial, industrial, or institutional building or cluster of buildings, for which an application for a building permit or other discretionary approval is submitted on or after May 21,2008. 6. "New projecf': any new development project, new public facility, and new residential project, as those terms are defined by this Section. 7. "New public facilitY': any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste which is constructed on or after May 21, 2008. 8. "New residential project': a newly constructed residential project for which an application for a building permit or other discretionary approval is submitted on or after May 21, 2008, and which consists of either of the following: a. A single building having 3 or more dwelling units; or . CllY OF SEAL BEACH MUNICIPAL CODE 80 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS b. A residential project consisting of more than 1 dwelling unit where solid waste is not collected and loaded from each individual unit's curbside but is instead collected and loaded in a location intended to serve more than 1 dwelling unit. 9. "Recycling area (areas for recycling)": the interior or exterior space allocated for collecting, storing and loading recyclable material. B. New Projects. Any new development project, new residential project, or new public facility for which a building permit is required shall include adequate, accessible and convenient areas for collecting, storing and loading recyclable materials, subject to the following requirements: 1. No building permit shall be issued for any new project until the recycling area is approved as being in compliance with the provisions of this Section by the Director. 2. In reviewing the recycling area, the Director shall consider the standards listed in subsection C: Recycling Area Standards, below. C. Recycling Area Standards. The following criteria shall apply to the review of the plans for a recycling area: 1. Residential Development Minimum Individual and Common Storage Area Requirements. a. Multi-Unit Projects. Multi-unit residential projects with 5 or more dwelling units shall provide solid waste and recyclable material storage areas in the following manner: i. Individual Unit Storage Requirements. Each dwelling unit shall be designed to include a space with a minimum of 3 cubic feet for the storage of solid waste and 3 cubic feet for the storage of recyclable material; and ii. Common Storage Requirements. Table 11.4.1 0.025.C.1: Residential Development Storage Requirements sets forth the minimum requirements for common solid waste and recyclable material storage areas for multi-unit projects, which may be' located indoors or outdoors as long as they are readily accessible to all residents. These requirements apply to each individual structure. CllY OF SEAL BEACH MUNICIPAL CODE 81 TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . . I ''''.., ," ',!:,:",,'::''':':'.'.:'r T, :AB'L' E 1'~ "4 '10 ,02' 5" ..:C' .~ 1";':'"'',',';':''''' " ,....'::, .... . . ..,It:';. ':~. . . " ::~;~:.~l/ ,.'~jft. .l '.: :.~.. ~I '" ....~~....,/'. . ", ....: .~~ .'~~' ... :,,:.,> ~"~:. ~:~""~"'_I".:.:.,:..~'..:I":':':":~:;'\':' ~!,'.;;:-' '.~".~ ," I ,,''': .' .'.:::RES.iDENTIAL:t;>:E,,"ElOPMENT STO~~E :~EQUI~EME;~T~.....:. ':. ,':.' . '. . I :1'1':" . "I . . I . ',:. . . :...ft ',::.:. ,,! . I ~ .', . ... f" ,I . I, I . . ,~ " ",. ," : ':':~~'i"''':~' ' . .:.:': Minimum Con:-"Ion ',Slorag, Ar~a';Requir.e~t(Sq..:Ft.n/"; ., . , .' .. . '." . . " .~ ... " > ..., ,..' . > '. ',~ ..,.. ',' " I" . . . ..: >. ' . ". ......:: ....(;. I ." _ . .. ~ '.. '.,'" ..:. .... . "I' . Number 'of Dwellings". :', "'.:: .Solid Waste'>~:." :;'LRecyclirig, >:. ::::,' Y.. Total,Area:::', .':': . . ." .. .,......,." ' .'. . ~ l., . ",.. . '. . . . . ".. ,0. 'J~ .,' '\. . Up to 6 12 12 24 7-15 24 24 48 16-25 48 48 96 26-50 96 96 192 51-75 144 144 288 76-100 192 192 384 101-125 240 240 480 126-150 288 288 576 151-175 316 316 672 176-200 384 384 768 201+ Every additional 25 dwellings shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables. . 2. Non-Residential Development Minimum Common Storage Area Requirements. Non-residential structures and uses within all zoning districts shall provide solid waste and recyclable material storage areas. Table 11.4.10.025.C.2: Non-Residential Development Storage Requirements sets forth the minimum storage area requirements. These requirements apply to each primary structure. . CllY OF SEAL BEACH MUNICIPAL CODE 82 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS >.:. '{:: .... ".. ,"'-:' ":TABLE.'11.4~,1'O~025.C.'2 ,. ." .......:..:.~:~::.-:~7.::. "!:":":: . ". . .1. :':;:1' III . . :'~' ....'..' ,,:\:: ': '. "I ~ ','.1' .',''' "I.~:l: ,..:'::' ":, fl' :' .' , . :'., . ",: . ~ON';RESIDENTIAL DEVELOPMENT STORAGE REQUIREMENTS :'.:' :..';' :.:: . . ... . I' ...: , . ". I '.. "", .' .... ": :...' '::. "; ''f'' .;.' :~;';<:.::"'" ....*.. ..,:> "";'A":' .'. : ..... ::".: Mirdmu."storage;;~re~.~eqLiire~.:(sq..'~t.l>:">::....:" Building;F.loor:~rea. (s~~~):' Solid' waste ....:.. .:..., R..C;i~ii.ng:' ,5 "<',~!otarArea,"':":. Up to 5,000 12 12 24 5,001-10,000 24 24 48 10,001-25,000 48 48 96 25,001-50,000 96 96 192 50,001-75,000 144 144 288 75,001-100,000 192 192 384 100,001+ Every additional 25,000 sq. ft. shall require an additional 48 sq. ft. for solid waste and 48 sq. ft. for recyclables. D. Change in Recycling Area Location. An owner or operator may not modify the design, location or configuration of a recycling area approved by the Director or the Planning Commission, without first consulting the Director to determine if any other City approvals are required. E. Solid Waste and Recycling Enclosures. 1. Location and Orientation. All enclosures shall comply with the California Fire Code and shall meet the following requirements unless it is demonstrated that they are infeasible. A building permit shall not be issued for a project until documentation of approval of the location is provided by the Director. a. Location. No enclosures shall be located within any required front yard or street side yard setback areas unless it is satisfactorily demonstrated to the Director that due to originality of design, architectural treatments, and lack of visibility of loading areas, the location meets the intent of this Section. b. Compatibility with Equipment Solid waste and recycling enclosures shall be located so that the current equipment used by the City's franchised solid waste collector and recycling collector has sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing. The enclosure pad shall have an apron with a minimum width of 10 feet and length of 30 feet. Projects and applicants are responsible for procuring current equipment size and turning radius from the City's franchised solid wastelrecycling collector. c. Consolidation of Enclosure Areas. All enclosure types shall be consolidated to minimize the number of collection sites and located so as to CllY OF SEAL BEACH MUNICIPAL CODE 83 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS reasonably equalize the distance from the building spaces they serve. For multi-unit residential projects, there should be a minimum of 1 trash enclosure per 50 units and the enclosure should be located within 100 feet of the residential units. Exceptions may be approved by the Director to take into account specifics of the site plan and unit location. d. Clear of Obstructions. The area in front of and surrounding all enclosure types shall be kept clear of obstructions, shall not be utilized for parking, and shall be painted, striped, and marked "No Parking." . 2. Materials, Construction, and Design. The materials, construction and design of solid waste and recycling enclosures for single-unit projects shall be subject to Director approval. For commercial and multi-unit projects, the various components of solid waste and recycling-container enclosures shall be constructed and thereafter maintained as follows: a. Enclosure Material. Enclosure material shall be solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s). b. Gate Material. Gate material shall be decorative, solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view- obscuring material. c. Enclosure Pad. Four-inch-thick-minimum concrete pad. d. Bumpers. Two inches by 6 inches thick and made of . concrete, steel, or other suitable material and shall be anchored to the concrete pad. e. Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways. f. Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds. 111.4.10.030 Swimming Pools and Hot Tubs. The following standards apply to swimming pools and hot tubs in all districts: A. Lot Coverage. 1. Residential Districts. The maximum pool or hot tub area, measured at the high-water line, shall be no more than 20 percent of the lot area. 2. All Other Districts. The maximum pool or hot tub area shall be as approved by the decision-making body for any discretionary project, or by the Director if no discretionary approval is required. 3. Rear Yard. No pool or hot tub shall occupy over 60 percent of the .required rear yard. Coverage by a swimming pool or hot tub shall not be . CllY OF SEAL BEACH MUNICIPAL CODE 84 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS considered in measuring maximum lot coverage unless it is enclosed in a roofed structure. B. Location. The minimum distance from a lot line to the nearest point of a pool or hot tub shall be as follows: '\~;.:;:.<.... ^ ", ": .. . ':......Fronf~nd.:, '....: 'R~~r,~ri'd S'id~" .- ;:: .";".:' . . Distriri{ ., .Street Side Lot '.: .' ',:::'.', 'Lot'tine .(not- .:- ; . '. ' .' ',. '.. ~'. .' .',' ., .' ~ . . -&.- . . ; .,' ':,' " ,~ ..' . '...... .. ~"" ,.:".:..'".":. 'E' Lme....... :.\~,,':: alcmg'street) < ..;~~~.':.: '~/..... .: ~.~ /. ~:. '".: ',: ..:".....:......... .... " ". );:..~.......:,........>::. 50 ft. - Front 10ft. - Street Side As approved by the Director pursuant to an Administrative Use Permit Residential 4 ft. All Other Districts C. Enclosures for Swimming Pools and Hot Tubs. 1. Swimming Pools. All swimming pools shall be completely enclosed by a protective fence in compliance with the provisions of the California Suilding Code. 2. Hot Tubs. Hot tubs shall be either enclosed or screened to prevent noise and other disturbance to adjacent properties. When a hot tub is located in a required rear or side yard in a residential district, landscaping between 6 and 8 feet in height shall be provided between the hot tub and fence separating adjacent properties to provide a privacy buffer. This requirement may be waived by the Director if there is a large setback from the property line, fencing taller than 6 feet, a structure enclosing the hot tub, or other feature that acts as a privacy buffer. D. Filter and Heating Systems. All pools and hot tubs located within 40 feet of an exterior lot line shall provide adequate enclosure of all filter and heating systems to prevent noise and other disturbance to adjacent properties. Enclosures may consist of a double-walled structure, concrete block or concrete structure or pit, or insulation. See also Title 7: Noise, Section 7.15.035: HVAC Equipment, for additional noise provisions. E. Public Pool and Semipublic Pool. A Conditional Use Permit shall be obtained pursuant to Chapter 11.5.20: Development Pennits before the construction of any public pool. All public and semipublic pools shall meet all of the requirements of the state and local health departments, building codes, and the provisions of this Zoning Code. CllY OF SEAL BEACH MUNICIPAL CODE 85 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS F. Permanent Wading Pools. Permanent wading pools are not permitted in any required setback area and shall not be located or maintained in a manner contrary to the public health and safety of the people residing in the area. . G. Engineer's Statement. A written statement from a civil engineer registered in the State of California that certifies that construction of the pool will not have a detrimental effect on any neighboring structures, shall be required prior to the issuance of a building permit. H. Elevated Swimming Pools. All elevated swimming pools, constructed on the ground, may not be higher than 4 feet. 111.4.10.035 Underground Utilities. All electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall comply with all undergrounding requirements specified in Title 9, Public Properly, Public Works and Building Regulations, Section 9.55: Underground Utilities and Title 10: Subdivisions, of the Municipal Code. 111.4.10.040 Street and Highway Dedications and Improvements. . A. Issuance of Certificate of Occupancy. 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 the General Plan" until the streets and highways are dedicated to the City to their ultimate right-of-way width and length abutting the subject property. Full improvements shall be constructed by the developer to the specifications contained in Article 10: Subdivisions, and Chapter 9.55: Underground Utilities, of the Municipal Code and to the requirements of the City Engineer. 1. 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. B. Establishment of Centerlines. The centerline 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. C. Minor Additions or Expansions. Minor additions or expansion to existing buildings, not exceeding 150 square feet or 5 percent of the existing building . CllY OF SEAL BEACH MUNICIPAL CODE 86 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS area, may be excluded by issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Pennits. D. Deviation of Provisions. Any deviation from the provisions of this section may be approved by issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Pennits. 111.4.10.045 Solar Energy Systems. The following installation standards shall apply to solar energy systems. A. Solar Collectors. 1. Roof-mounted collectors shall be placed in the location least visible from public streets without reducing the operating efficiency of the collectors, unless they are integrated into the design of the structure as an architectural element. 2. Wall-mounted and ground-mounted collectors shall be screened from public view. 3. Collectors shall be mounted at the same angle or as close as possible to the pitch of the roof. B. Appurtenant Equipment Appurtenant equipment, plumbing, and related fixtures, shall be installed in the attic, where feasible, or shall be screened from public view. C. Accessory Fixtures. Large accessory fixtures which generally require exposure (e.g., storage tanks) shall be screened through architectural features that harmonize with other elements of the structure, shall not be located in any required front or side yards, nor be visible from any public right-of-way. D. Exterior Finishes. Exterior surfaces shall have a matte finish and shall be color coordinated to harmonize with roof materials or other dominant colors of the structure. CllY OF SEAL BEACH MUNICIPAL CODE 87 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . Page has been intentionally left blank . . CllY OF SEAL BEACH MUNICIPAL CODE 88 . . . Sections: 111.4.15.005 111.4.15.010 S 11.4.15.015 111.4.15.020 111.4.15.025 111.4.15.030 111.4.15.035 111.4.15.005 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.15 Fences, Hedges and Walls Applicability General Height Limitations Height Limitations for Retaining Walls Measurement of Fence or Wall Height Special Wall and Fencing Requirements Restrictions on Fence Materials Authority to Waive or Modify Requirements Applicability. The provisions of this Chapter apply to all fences, hedges, and walls unless otherwise stated. The provisions of this Chapter shall not apply to fences required by State law to surround and enclose public utility installations or to fences located on Federal or School District properties. 111.4.15.010 General Height Limitations. A. Maximum Heights. Fences, hedges, and walls (except retaining walls) may be constructed to the heights shown in Table 11.4.15.01 0.A.1: Allowable Heights. Additional standards for specific areas are set forth in Table 11.4.15.010.A.2: Allowable Heights - Specific Locations. See also Section 11.4.15.015: Height Limitations for Retaining Walls. CllY OF SEAL BEACH MUNICIPAL CODE 89 TITLE 11 - ZONING PART IV' REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . ~.. ,.',~..,,::" "" .:'~. ':. tABLE~1:.4.15~010):.1.. ':.':~,":"'." · .... I : . j <,,;(_ ",:',:' :'....~.. .: :' . . . ",,', ..... . '.' .ft :'I:"~ . ",' ....... .. : 'I H'I :':. . , ": '. _ ,,',.'. ':.' ,.... "::"~::~ALi.:OWABLEHEIG~f.S>:. ...... ,.... .....:...:." '.' .,:'~:' ." :;"1' " ......1: " . . . . .' . _ . A.i' .' . ~. I". I ~ ..... ",.s:. :':' Y'.'. ".:::;I"Oca' t,"on' :', ,,: .."......... :, ",' ,: :. "",: 'M'ax' I'mu'm He' I"gh't' :.:,'+--, ".- ,>..;, ,,.;:. . .... .... ,.),' ~;,,,,,"., .,;...,.,..... ..... ...~>:..::...::;:-.... ,.'. )~. /'.. ..... :....... ';:-~ Front setbacks 3.5 feet Rear and interior side setbacks 7 feet1 Street-side setbacks 7 feet 1 At intersections of streets, alleys, and 30 inches if solid; otherwise the driveways within traffic safety sight maximum height normally allowed, if areas the fence material is 75% open (e.g., lattice) Alleys 6 feet if no not within 5.5 feet of the rear property line Notes: 1. An additional 1 foot of height is allowed (to a maximum of 8 feet tall), but all fencing material above 7 feet in height shall be open grill or latticework, or a similar open design allowing light and air to pass through at least 50% of the fencing material. . ., . -.::,;:. .":' '. TABLE 11.~4.15.010.A~2 ....,.:.: : ,: :',,', .. ,'. ..:~c.:', A~LOWABLE'HEiG~TS-'SPECIF'IC,LdcATIONS' ~,' .... ......:.? ;":., 1 0 feet " .. .. .. ", sp~clfic"Loca~io~u~:,.,. .,,-: ";"<~:: Between residential and commercial/industrial zone districts Along the rear yards of lots that are located along the following roadways: Cl Almond Avenue Cl Balboa Drive from Pacific Coast Highway to Bolsa Avenue N(axi~um Allowable Height: ~ 10 feet Cl Bolsa Avenue Cl First Street Cl Lampson Avenue Cl Marina Drive . CllY OF SEAL BEACH MUNICIPAL CODE 90 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING . IN SOME OR ALL DISTRICTS :'..~"'. .,'. :,'.:-:' ~~ '.: .:, '.:."" tASLEfj'1: 415.010~.2 .(C'ontin':'~dr';.l''':",' ,':'.i?i::::':!',;:,;;:;,:,:". J . "'" .:?::.'".., '1' . .:.... ..;i\:::,,: ". . ,- ~ ::':. ...... .;.. "':1"" :. '.~ .........'. ,I,::.: ".~..: ;~""..,. ::~":":: ':', :.:' :'.' '~'~..'. ' ~..'. "ALLOWA~~'E,~HEIGHr$'~ 'SPECI'~IC: '1,.9CATIONS: '. .....: :":/:<:.;.' '.\ ': . "'I' "..... ;.. . ,: ..1 " I . " ..' .... I'.... ..'. , Maximun;:AlioWabie::, "::.. ::~;" "". :.' ~'... ,.' .H'e.ig.hf':....'''.~., "". ..... ." " '... .... . ,'<: ~ . '. : ~., r. ' .... Spe~ific Loc~~i~n~>':. ... '. :'" .::~ .<;.,:<.....':~.:-..::' ;: ~~.,:: ~.::: . :;.~. >>~..'{ . -:. ': :~.:'. ".~~'..." 1 0 feet Along the rear yards of lots that are located along the following roadways: CJ Pacific Coast Highway CJ San Diego Freeway CJ Westminster Avenue CJ 1-60Snth Street Connector CJ Beverly Manor Road Along the rear yards of lots that are adjacent to the following areaslfacilities: CJ Hellman Ranch CJ Gum Grove Park CJ East flood control channel, College Park East CJ Edison Park CJ West property line, Leisure World RLD-1S District, where 7-foot fences are permitted pursuant to Table 11.4.1S.010.A.1 10 feet 8 feet B. Visibility. 1. On reverse corner lots and corner lots abutting an alley, no fence, wall or hedge greater than 42 inches in height may be located within the triangular area formed by measuring 10 feet from the intersection of the rear and street side property lines. . 2. On corner lots, no fence, wall, landscaping, berming, sign, or other visual obstruction between 42 inches and 7 feet in height as measured from the adjacent curb elevation may be located wi~hin the triangular area formed by measuring 25 feet from the intersection of the front and street side property lines or their prolongation. Trees trimmed free of branches and foliage so as to maintain visual clearance below 7 feet shall be permitted. See Figure 11.4.15.010.B: Intersection and Driveway Visibility Standards, below. CllY OF SEAL BEACH MUNICIPAL CODE 91 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 3. Visibility of a driveway crossing a street or alley property line or of intersecting driveways shall not be blocked between a height of 42 inches and 7 feet within a triangular area formed by measuring 10 feet from intersecting driveways or streeUalley and driveway. See Figure 11.4.15.010.B: Intersection and Driveway Visibility Standards, below. Figure 11.4.15.01 O.B Intersection and Driveway Visibility Standards "\et ~ORt . ,.-...-....-...- ..-...-..-..-....-..-....-. , . . . . , . . . C. Modifications to Fence Height Standards. The Director may modify the fence height standards referenced in subsection A, subject to the approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits and in compliance with the provisions of this Chapter. . CllY OF SEAL BEACH MUNICIPAL CODE 92 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS D. Findings and Decision. The applicant shall demonstrate, to the satisfaction of the Director, that the following findings are met in addition to those required for Use Permits pursuant to Section 11.5.20.020: Required Findings: 1. That the fence will be compatible with the design, appearance, and physical characteristics of the site and other existing structures in the surrounding neighborhood; 2. That the height, orientation, and location of the fence is in proper relation to the physical characteristics of the site and surrounding properties. 3. That the fence will be a planned architectural feature and would not dominate the site or overwhelm surrounding properties, structures, or passersby; and 4. That the fence will be of sound construction and located so as not to cause a safety hazard. 111.4.15.015 Height Limitations for Retaining Walls. A. City-Wide Standards. 1. A retaining wall less than or equal to 30 inches in height is automatically permitted. 2. A retaining wall greater than 30 inches and up to 48 inches in height is permitted subject to Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits. If such a wall faces a public street or place, such wall shall be screened by a landscape buffer at least 18 inches wide. 3. A retaining wall greater than 48 inches in height is permitted subject to Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. 4. A guard rail shall be placed, when necessary, on a retaining wall in accordance with the California Building Code. 5. A fence, wall, hedge or screen planting may be placed on a retaining wall provided the combined height of the retaining wall and fence, wall, hedge or screen planting does not exceed 10 feet. 6. If the combined height of a retaining wall and fence exceeds 6 feet, then the fence shall be separated from the retaining wall by a landscape terrace at least 3 feet wide. CllY OF SEAL BEACH MUNICIPAL CODE 93 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 7. If a set back area contains multiple retaining walls, such walls shall be separated by landscaped terraces at least 3 feet wide. All landscaped terraces shall be landscaped with automatic sprinkler systems in compliance with Section 11.4.30.010: Landscape and Irrigation Plans. See Figure 11.4.15.015: Multiple Retaining Wall Separations. Figure 11.4.15.015 Multiple Retaining Wall Separations Sidnralkhlnny .....11" 3'.(J" ........ Tna'P.tla ,~ l BaiIcIia&* ,.,.... 47n Pario .....J.. . B. RLD-9 Zone - Ocean Avenue Standards. 1. Scope. The standards of this sub-paragraph B.1 apply to side yard retaining walls abutting a public street within the RLD-9 Zone on Ocean Avenue between First Street and Eighth Street. To the extent not in conflict with these standards, the City-wide standards of sub-paragraph A apply to such retaining walls as well. 2. A retaining wall greater than 30 inches in height is permitted subject to Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits. There is no maximum height for retaining walls in this area. 3. The base of the public side of a retaining wall greater than 30 inches in height shall be screened by a landscape buffer at least 3 feet wide if required in connection with the Administrative Use Permit approval. . CllY OF SEAL BEACH MUNICIPAL CODE 94 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 4. A retaining wall shall not be erected along the rear 96 feet of a lot. 5. A retaining wall shall not be erected on public property unless an encroachment permit has been obtained. C. RLD-9 Zone - Gum Grove Park Standards. 1. Scope. The standards of this sub-paragraph C apply to rear yard retaining walls abutting Gum Grove Park or the wetlands area within the RLD-9 Zone along the following streets: Avalon, Catalina, Crestview and Surf Place. To the extent not in conflict with these standards, the City-wide standards of sub- paragraph A apply to such retaining walls as well. 2. A retaining wall may not exceed a height of 6 feet. 3. If a set back area contains multiple retaining walls, such walls shall be separated by a landscape terrace at least 3 feet wide. D. Nonconforming Retaining Walls. Lawfully erected retaining walls existing on the effective date of this paragraph shall be deemed nonconforming and may remain as is indefinitely unless damaged to the extent of more than 50 percent of the replacement cost. In the event of such damage, the wall shall be restored in conformance with this section. If a nonconforming wall is removed from a lot, each future retaining wall on the lot shall be in conformance with this section. E. Miscellaneous. All landscape buffers and landscape terraces shall be equipped with automatic sprinklers and continuously maintained in good condition. Height limits shall be based on measurements made on both sides of the retaining wall. All landscaped terraces shall be landscaped with automatic sprinkler systems in compliance with Section 11.4.30.010: Landscape and Irrigation Plans. 111.4.15.020 Measurement of Fence or Wall Height A. Determination of Height. . Refer to Chapter 11.1.15: Rules of Measurement, Section 11.1.15.025.C: Measurement of Fence or Wall Height to determine wall and fence heights. B. Averaging. 1. Variations. To allow for minor variations in topography, the height of a fence or wall may vary up to 6 inches. CllY OF SEAL BEACH MUNICIPAL CODE 95 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. Average Finished Grade. The variation shall be dependent on the average finished grade which shall be determined by adding to the lowest grade adjacent to the fence or wall, one-half of the difference in elevation of the grade on each side of the fence. . 3. Maximum Height. The average height of a fence or wall shall not exceed the maximum height allowed. 111.4.15.025 Special Wall and Fencing Requirements. A. Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and other similar features shall be fenced in compliance with requirements of the California Building Code. See also Section 11.4.10.030: Swimming Pools and Hot Tubs. B. Walkway and Driveway Architectural Features. A maximum of I walkway and I driveway architectural feature such as an arbor, archway, or gate structure shall be permitted for each full 100 feet of street or private easement frontage; provided that a maximum of 1 such feature is allowed for properties with less than 100 feet of street or private easement frontage. Such architectural features require Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Pennits, and shall conform to the maximum dimensions and criteria set . forth in Figure 11.4.15.025.B: Architectural Features Around Walkways and Driveways. Figure 11.4.15.025.B Architectural Features Around Walkways and Driveways FIGURE 3 DOIIhed .... may be cccupied by arohlllclurm f.atulll prOVIded 1111011II50% oI1hos .... i. open 10 light .nd.1r ri 1.', ;.~>...::'I.f.}""'~ ,,- ; .,:..~-,,>, ~:!~!.~ "t..~fl, ~:~.? .>.~. , , , , 1 I I I I ~~~",::..:.",'~.':'~~..":~' ,- ,.,t...., .,It.... eo. 'd :..;.;; ":" i' -0;' ", .,\..,~ 42" mIX sail '~'-:,...: ~: r:~-:~.:.~~ ARCHllCCTURAL FEAiURE AROUND DRIVEWAY . CllY OF SEAL BEACH MUNICIPAL CODE 96 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS r I 1 Adili1inl....hoighl_... ., r 1_8l11oqlllllaliJ#ll I ~~ 3f' "'.. "'~I. .....~IJ,.. . .....\ ~ '!'" . ..,.., .', ,.....,.~...'.' T ,I' .. ,.... "". ", ....... "'I' ..-:............ .\ \'. :I. ""it.~.;" ..~\ '\ ,'" t-"!\; ':. \". ...... ., 'I. 42r sid ... ::i~~.~~~': I~.,;'I" 1".::"'= ':~.":."=:..:I~:: _ mil&. i! . ," .I"'" .~I." . ':,r.., "" "~ .. "".' ,j'L.. -L ARCHITECTURAL FEATURE AR:)UNO WALKWAY C. Outdoor Equipment, Storage, and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with Section 11.4.30.040: Buffer Yards, and Section 11.4.05.090: Outdoor Dining, Display, and Sales Standards. D. Sport Facility and Golf Course Fencing. Fencing height greater than that allowed by Section 11.4.15.010: General Height Limitations, may be permitted by Administrative Use Permit pursuant to Chapter 11.5.20: Development Pennits. E. Temporary Fencing. Temporary fencing used during site preparation and construction shall be subject to the approval of the Director. F. Fence and Wall Design. In new development the Director shall utilize the following guidelines in reviewing and approving fences and walls: 1. Uniformity Required. Fence or wall designs should be consistent throughout a multi-unit or nonresidential development, or single-unit subdivision, although multiple designs may be employed in large projects. 2. Mix of Materials Required. The design should include a mix of materials and finishes that are compatible with the overall design of the project. 3. Articulation Required. Perimeter fences and walls adjoining public rights-of-way should be articulated as determined by the Director. See also Chapter 11.4.30: Landscaping and Buffer Yards; Section 11.4.30.015.B: Street Side and Street Rear Property Line Walls. 111.4.15.030 Restrictions on Fence Materials. A. Security Fences. Barbed wire, electrified, or razor wire fences, and other similar types of security fences are prohibited in all residential zoning districts and on commercial properties adjoining a residential zoning district. The use of such CllY OF SEAL BEACH MUNICIPAL CODE 97 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS fence materials on commercial, mixed-use, light manufacturing, and oil extraction properties that do not adjoin a residential zoning district shall be subject to Administrative Use Permit review, in compliance with Chapter 11.5.20: Development Pennits. B. Chain-link. Except for temporary fencing associated with construction, the use of chain-link fencing shall not be allowed on a residentially zoned or developed property. S 11.4.15.035 Authority to Waive or Modify Requirements: Restrictions on Fence Materials. The Director may waive or modify the requirements of Section 11.4.15.030: Restrictions on Fence Materials, above through approval of an Administrative Use Permit in compliance with the provisions of Chapter 11.5.20: Development Pennits, for nonresidential projects where evidence is presented that a higher degree of security is required and that the security may only be achieved through the use of barbed wire or similar security-type fencing materials. CllY OF SEAL BEACH MUNICIPAL CODE 98 . . . . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.20 Off-Street Parking and Loading Sections: 111.4.20.005 S 11.4.20.010 S 11.4.20.015 S 11.4.20.020 111.4.20.025 111.4.20.030 111.4.20.035 111.4.20.040 111.4.20.045 Applicability Review Procedure Required Off-Street Parking Spaces Parking Reductions General Parking Design Standards Driveways Required Off-Street Loading Parking Structures Required Bicycle Parking 111.4.20.005 Applicability. The regulations of this Chapter apply to: A. New development, and B. Any alterations or additions to an existing building or change in use that increases the number of parking spaces required by this Chapter over the total number of spaces required before the alteration, enlargement, or change in use. 111.4.20.010 Review Procedure. The design, location, and surfacing of required parking shall be subject to review and approval by the Director. 111.4.20.015 Required Off-Street Parking Spaces. Off-street motor vehicle parking shall be provided in all residential, commercial and other districts in accordance with the following provisions: A. Number of Spaces Required. Each land use shall be provided at least the minimum number of off-street parking spaces stated in Table 11.4.20.015.A.1: Required Parking, except where a parking reduction has been granted in compliance with Section 11.4.20.020: Parking Reductions. Parking requirements for the Main Street Specific Plan Zone are stated in Table 11.4.20.015.A.2: Required Parking - Main Street Specific Plan Zone District, except where a parking reduction has been granted in compliance with Section 11.4.20.020: Parking Reductions. For land uses located within the Main Street Specific Plan Zone CllY OF SEAL BEACH MUNICIPAL CODE 99 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS that are not specified in Table 11.4.20.015.A.2: Required Parking - Main Street Specific Plan Zone District, the standards of Table 11.4.20.015.A.1: Required Parking shall apply. . B. When Constructed. Off-street parking facilities and off-street loading facilities required by this Chapter shall be provided prior to the issuance of a Certificate of Occupancy for the use they serve. C. Calculation of Required Spaces. 1. Fractions. If a calculation of the number of required off-street parking spaces results in a fraction that is 0.50 or higher, the fraction shall be rounded up to the next whole number. If such calculation results in a fraction that is less than 0.50, the fraction shall be rounded down to the preceding whole number. For example, if computed requirements equal 9.5 spaces, 10 spaces will be required. If computed requirements equal 9.4 spaces, 9.0 spaces will be required. 2. Floor Area. Where an off-street parking or loading requirement is stated in Table 11.4.20.015.A.1: Required Parking, or in Table 11.4.20.015.A.2: Required Parking - Main Street Specific Plan Zone District as a ratio of parking spaces to floor area, floor area is assumed to be gross floor area, unless otherwise . stated. 3. Employees. Where an off-street parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week. D. Multiple Land Uses. When 2 or more primary uses are located in the same lot or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses. E. Uses Not Specified. In the case of a land use for which off-street parking requirements are not specified in this Section, the Director shall establish a requirement considering the parking requirements for the most nearly similar use for which off-street parking requirements are specified, and any other relevant studies and data regarding parking demand. Such Director determination shall be made in accordance with Section 11.1.10.015.0: Interpretations. F. Substitution of Compact for Standard Parking Stalls. Twenty-five percent of required spaces may be compact spaces. Notwithstanding the foregoing, all parking spaces serving Building Materials Stores and Home Improvement Sales and Service Stores must be standard size. Required dimensions for standard-size and. compact spaces are stated in Tables 11.4.20.025.C: Parking Area Space . CllY OF SEAL BEACH MUNICIPAL CODE 100 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Dimensions for Automobiles - Standard Spaces, and 11.4.20.025.0: Parking Area Space Dimensions for Automobiles - Compact Spaces. ..' . '. .. ... ......-:.. ,.: ."" ;..>.....:."...;..::-...tABL.E 11jt2Ct01'5~A1. ;';:'.': ..:....::-.. .." , ' " .... .. ,';;: . ,.' .:.:- ...', .;:.. .. ,'I. ". .' {.. ..:':'::" :.. .1,1' r '. " ~.: . ". ., .-'.~ ',.~"':;'. .;-: . . :RE'QU,IRED PAR'KING' >..... 'r, '., ....... '.: .' '.,.' '. , .. .....; . ,,' . '....~.l~ '1:"~; '. .:..... ::':l.::~.::. . ':':::.,'.,.',.. ": .::. r"o./'.. ",.,: ,::'" ','.: .." ::': '.'. . ~~~"~I~s.i..ifi'cat.i'ori"" :.: '..; ):.: ':', ~equ~~e.d,'Off-S~!~e(~:::' , .... . Additional' '.' '. ,'>;'. ": ' ,',Y ~.:~. .... -.(..v' ...,:-' .. "" .' t, .. . '. ,t.' , '.. '.'~ '.' ..:., ':":.."".;'Y,,' ,.,.. ." ~'.^...' ,..:':: <. ..>,,'. ::';.. >,..,\ .... :", ..... . :\..~.~"..;',,'~, ...,' . '~~~kif.'lg 'S.pac~s.:.,/,.. ,'~.:,:"': ;, R~g.ldatio~s"" ". . Resldentlal:Use T,y,'pes::-,~,.,'>", ;:., . .. :~.i::> .' ',:>" ',';- :. >'.' ;.:'~:.~. ". . :,/ :" ". :".; ': ' . .' ..... .. ".1',_ " . ,':', 2 spaces per studio unit. See also Section 2 spaces per dwelling unitfor 11.2.05.015.W: each unit of 1 to 5 bedrooms. Limitations on Parking and Garage Frontage. 3 spaces per dwelling for each unit of 6 bedrooms or more plus All required spaces must be located in a 1 additional space for each bedroom above 6 total garage. bedrooms in the dwelling unit. See also Section 11.2.05.015.W.5: Required Garage Exception - RLD-9 District. See also Section 11.4.40.010.8: Maintenance, Nonstructural Repairs and Interior Alterations. Note: Additions to existing Single-Unit Dwellings may have a reduced parking requirement approved by Administrative Use Permit subject to Chapter 11.5.20: Development Permits. Section 11.4.05.115.J: Residential Uses - Second Dwelling Units. "..... . ... Single-Unit Dwelling Second Unit 1 space for an Efficiency Second Unit and 1 space per bedroom for non-Efficiency Second Units. Two-Unit Dwelling; Multiple-Unit Residential 2 spaces per dwelling unit for each unit. 1 gLiest space for every 7 units CllY OF SEAL BEACH MUNICIPAL CODE 101 " 'j: See also Section 11.2.05.015.W: Limitations on Parking and Garage Frontage All spaces except guest spaces must be located in a garage or carport. TITLE 11-l0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS ..::,.., ;: '~~...~':.:. ..;:: .:". '.'~~(.'TABLE:':1~A:20.015..~~.~. (~ontin~e,jr~:::,.. ...... . ....:. .:: ..:.. ...,'::,.,.~ , . I..... " ,''':cl :," :>-." ',' ..~ .....: ,,\,', ,. ....." ~:~.. ~ " r' ,,' _,,1+1. ''; <.j..<.::....:.:..~. ::.;. .~ i...../... ......':,. .'R~.QU'IREP."'~AtOO~~ '-. .' '. ::\ "'> :::': . .::.</.':: ; ,.... ., . .". ?" .... .". ..... .: .'. .....,...... ...... . :Use. Clas~ificaticm'.: . : ".:'.:" . .' . Require~. O"~treet ':,^.' . . ,,~. . '. .", AdditiohaL' "':.-:'; -.:' .;<.~:. '.::': :.;::~ .:/:...~:;<:~:.:.~~~.:.(....:..-..../C:~ '.:.:: :. ..::" ~~rk~rig"~~a~~~' >:{" <",:-::':"L';'~Reg~tat~~ns...::: :, ~ '. .......... ..'.." .::... . . . .>.... " ;,", .. ~: " "", . .(1 , ...... '.Residen~ial}Jse TYP~s'l~oi1~,!uedL:' ;.;:. :;:. : :''': ..' ":.. ~:.~>i'::"::',,, .... <(:. ""--." ....::f-::. .... "'~ No additional spaces required Small Family Day Care (besides the required spaces for the residential dwelling). Large Family Day Care 1 space per employee, with a minimum of 3 provided. Group Housing 0.5 per unit Senior Citizen Housing 0.5 per unit Transitional Housing 0.5 per unit CITY OF SEAL BEACH MUNICIPAL CODE 102 Section 11.4.05.040.8: Large Family Day Care Homes See also Section 11.2.05.015.W: Umitations on Parking and Garage Frontage. See also Section 11.2.05.015.W: Umitations on Parking and Garage Frontage. See also Section 11.2.05.015.W: Umitations on Parking al?d Garage Frontage. . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . . I . . I '.' " .'. '.' ,:,,:: . " .... .','.... . , .'.1 ':, . I' II' :1111'. ..1 : ~ t~':'I:'.:i'::::'" . . '. : : <:: .~.; .-'.~.' .... 'TABLr:.1~..4.~O'.015,,~~1 ;(~o~'til1ue~ ,:1:' .' ", , " ....( '::'1 .11": I..; '", . 'l.f., ;'. ~ I'.. ",":' .1' "''': I, I'. .' ;' . a '..:,:1 , . . .':., '. . ":'" '..,:',. :'.' ...... . "." REQUIRED<PARKlNG (., ':'. '. . . , . ,:.. . :' ": . ". ~:,:"':'i: '::-~(', I::, , :,.: ,:. ~ ':. .' .", / ,', .1' ," .~. '.', ,,::' ':::::"~",":; ':':'. I,' 'J'.I". ".' ". . ..:> .:'\>:Use :Classlflcation...:; :~'.:-:': ; !,:. . '.: :~Requiied .ofr.st~ .~' .:: , '... \. ~" , '. " :. , : ':~:~.'::..~~di~iona"" '.':: >/:~.,~.' ~...: '..': '.' :;".r..' "'~~:',,\;:>\~~~:~.'<.,,}~ . :-"........... " . ':. ','.. .... ' : :~~\:. 'parking:Spacelf ..:........ . .~. . . . .:;...RegLilations....: ....: ~ .. .' .' .. " . . ...... . " ." .' , .' .Publ~~:.':semi.:Pu~I~C. and :S~lYice..iJ~.e 1:ypes'.:. . .. '.' . ...: .' J '.. ,,:,~~:~,~:. : ;; :.~'.. '."~ .... . . .(..... :....: .' ......: . '1: :-:.'. " .' '. Cemetery To be determined by Director, who may require a parking demand analysis. Clubs and Lodges 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24" of bench type seating is considered 1 seal Community Center 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24" of bench type seating is considered 1 seal Community Social Service To be determined by Director, Facilities who may require parking demand analysis. Cultural Institutions 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24" of bench type seating is considered 1 seal Day Care Center 1 space per employee, with a Section 11.4.05.040.C: minimum of 3 spaces provided. Child Day Care Center Golf Course Minimum of 5 spaces per hole Government Offices 1 space per 400 square feel Hospitals and Clinics Hospitals 1 space per bed. Clinics One space per 250 square feel Park and Recreation Facilities To be determined by Director, who may require parking demand analysis. . CITY OF SEAL BEACH MUNICIPAL CODE 103 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . : ..." ".. .", ": 'TABLE."'1..4.20.015'~A'1.(:ContiiJued) .' " ::.... .. :',',;,:-:;,\. . :.... ,:.'. . "'. .~"'. .REQU'jk'E:o';p~iNG.. .... .,-. ;:......" .~., '.. ,'. .~ .. . I. I.:., ''', ' . I . .. " v.. '. j' . '. :P'~ :.. ::.. .:..... ~ ;'.. : : . >.; '. . "... Use',~la~ific8tiO~::-'.",' ~:.!::-" ..i'.:;~~q,~i.r~~.C?~~~~,~,;~,:, ,.~ ..:'.?:'. ': ~d.diti~".al}~..: \.... .,:'- ...-:.:-::r;~~<"~""',:,, . ..::.~'-...' .:'...:.-'-:....;... .....:. '. '.P~rk.ll1g.Sp~c..,y'.. ~ ". .>~egul~~.9ns.' :'/., p~biic~:Seini-~ubi!c;.and S'eriiic,'Use Types' (COnt;nu8d)':~..':' ,: ~:. .", ..' ',.., .,': '.:,f' y, .-.:"~.. . '. .'. . ';'" ..,' Parking Facilities, Public 1 space per attendant station. Public Maintenance and Service To be determined by Director, Facilities who may require parking demand analysis. Public Safety Facilities To be determined by Director, who may require parking demand analysis. Religious Facilities 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24" of bench type seating is considered 1 seat. Residential Care Facilities Residential Care, General Residential Care, Limited Residential Care, Senior Schools, Private 1 space per 2 employees, plus one space per facility vehicle. None required above the requirement for the residential dwelling type. 1 space per 5 beds Junior High/Elementary School: One space per classroom, plus one per 300 square feet of office area. High School; One space per classroom, plus one space per 300 square feet of office area, plus one space per 1 0 students. . . CITY OF SEAL BEACH MUNICIPAL CODE 104 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . . '. .:: . , . ...., .: '>'.' ..,' ,':'::1', ",'1:'" .... '. ..... ...- .j.l:' , I ". . ::',,' .;:':"~".'''.' :':'..'.'> . ~;i',: T~BLE.'1..1-~~.20.0l5..A~1 (Continued) . ,,' ~ , , .... .' -::':. ',_ . .-;.{ ~ISlr<' ',' '.... ." ::',.. I:: 'I; :;I':;I::.::.~I.'l'::'. . : ,"." .:. '. '~:.: . .. ," 'I!~ . . . '. :-:-:' '.. .,,,,.,: ,.,~..,' .,~:' ",;" :'" REQUIRED:PARKING '".'". ;;:..:~, .. 1 ._, .. ...-;:>-..... ,",':" .:. ': ~" _'1':-~',:', ":.~:.:"~~' ..::~",,:..;:. ''"jr:'' . ,,-::'j.:!',,::l," ", ":, :'a,,:'Y"1 .~...;.:.:.t<! ,", ,t.:: .' . . .........x ,,', ... . :,.... ,Y" ':,'. :'.' .. .... . ". .... . .... ..... . . . " . . .': "<;' . .: Use'~lassifica~i~~.f".'--: :..~-<':".':-":~equire~:~-S~~t>: :....:' .:....<Add.iti~ri.j~:. :.:.': '.' . ....-..: ...., :'~'" </.:'.'.~ .~>. "';-":..': .;". __. .p' ':ic:~ . S' .' {;~.:'.., ,.... : 'R' t.. . ..' .1 ':. '. ..:.:- .'. . "~:io/ . ~:,~:>',:: . '.~ .?:: ..... ":', ,~r. mg p~ces .'. ,.. .....: eg.u atlons. .'. , . ..... y . . .. ", ...'" . " .. ..... , . . .. . " ,. . Commercial Use TYPes:....~. : .. ~ .' '. f/ . } \. .:, .',;';.' . //: .:.... ~ :,,".<' :~.,.<, ,,:.:: r:',;>~::\~~~~::... , .:),', .' .' " ..(. " ,....: ,.. Adult Business Establishments Retail establishments: 1 space per 300 square feet. Bars 1 space per 100 square feet. Animal Sales and Services 1 space per 300 square feet. Kennel 1 space per 1000 square feet of building area. Artists' Studios 1 space per studio. AutomobileNehicle Sales and Services Automobile Rentals 1 per 300 square feet of office area in addition to storage! display spaces for all vehicles for rent. AutomobileNehicle Sales and 1 per 300 square feet of office Leasing area in addition to storage! display spaces for all vehicles for sale or lease. AutomobileNehicle SeNice 1 space per service bay (not and Repair, Major including areas for auto service or auto storage), plus parking for any towing vehicles used in the operation. Automobile Service 1 space per 300 square feet of StationNehicle Service and any convenience store plus 1 Repair, Minor space per service bay if repair occurs on-site (in addition to spaces at pumps, queuing areas for' pumps, and areas for self-service water and air areas). Automobile Washing 1 per 300 square feet of any indoor sales, office, or lounge areas. . CITY OF SEAL BEACH MUNICIPAL CODE 105 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . ..' ':;:' ,.'.. ," '". ',' ".... . . ." ~ . " . . :' . . . I . '. . I :'11: . .' . . . .:i.:t .' . '-;.,....;,;.. . 'TABLE ~i'.4.20.0.15.A.1 ('Continued} . , .'" ',. . . .1 . ,,' : ..... .... . v . . I ..} . - " ",;; .1-'." :.':..; :': ;..., ":~':"l.i::l:.::: :"..: .:(' :REQlJlREi)':PARKING" ". :-: ;. .f' .. .. . ,'1:"'~ ",I.:' .: ";, l:' ....... I li~. .' .'. ..' . '. '. .. . .:";,, " .... _! . H ( ',: .~ >"!J$e~cjassiii.catiQn '(,'. :~:~" ' '<..ReqL"~red Qff;.st~~t~::'.' ';./ "::',:-Aaditlon.r >:.~ {...,,~ ,~~~:-':">~;>"" .,' "~'''':''.,'. .:,":.".:':';' ~', . ',:. ..(~':.". ';.." .~:" ':>-::.l..~ :; .. ~~. ., '. .. . ::-'..... '" '.<'~'~:'- ;:.'. : ":' (<" ..' . .' , ~. " . ,p'al1tmg .Sp'~c~." :' ...' ":. ,:Reg~latl~ns.' . : Commercia"'Use Typ"e.,(Continued)' ,;,;'''''" :.:::,!,:.,~ :-:'<::\... J'f: ~. .".;. . . : :~..<.:' ".~ . .' .A......, . . . . . ...... ,',.I" .;. t>.... -, :.,- :\ Large Vehicle Sales, Services 1 per 300 square feet of office and Rental area in addition to storage! display spaces for all vehicles for rent. Banks and Other Financial Institutions With Drive- Through Facilities Automated Teller Machines (A TMs) Bed and Breakfasts 1 space per 250 square feet. 1 space per 250 square feet of floor area. No additional spaces required for drive- through facility. 2 spaces per ATM. 1 space per guest room, in Section 11.3.05.015: addition to 1 space required for General Provisions resident owner. . Section 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls. Building Materials and Services 1 space per 500 square feet of building area plus 1 space per 600 sq. ft. of outdoor sales! display area. Business Services 1 per 300 square feet. Commercial Recreation Large-Scale (Greater Than 20,000 Sq. Ft.) Small-Scale (20,000 Sq. Ft. or Less) Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by Director, who may require a parking demand analysis. Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by Director, who may require a parking demand analysis. . CITY OF SEAL BEACH MUNICIPAL CODE 106 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . , . :. .' .:',' . ...., TABLE 1i4.20.01$.,~'A~1:.tContitiuedj".: .':~ '. ....:: ":":" '.: ...:~:':':, ':". .:.:') . "., :.'.: ..'-:', ":R~QUIR~D'.~A~KIN,~,:'::;':'>:j.-. ....:}-':,:\:...:::->' : ):.. "... ".. .....1......., l..~':... .~". ......:.. ....:.:.."..:::~ M "'. ","'~ 1'''J'~..'' .. ,',... ;'S ~ ..~<:'. use..:Classifi~~tion.:: (~,"";' .: >': R~'qui~d ort~~reet;,,:""':.':,: :.'. ';'''',/:~Add'iti~~ai.~,~:> " , . ..' . '. " .,.' . "'. . . ' , : ...... " .. ,,~'. -.. . . .' . ' ..,:.,. ..::.:. .: .,: ....>: ---. :....,... ....... .'Parking.Spaces'<:.":. .... -: .' Regulations . . ,..... .." ""'. .'. ..' . . .' ,Comri1erc'ial::U~eTYP~s'(~~ntin~~df " >,."':,:..:>.;..:. ...':...:t::/..... .,;')>:;~\,::,,: i:',~." .. :, Eating and Drinking Establishments Bars 1 space per 100 square feet. Restaurants, Fast Food 1 space per 100 square feet. Restaurants, Full Service 1 space per 100 square feet. Restaurants, Limited Service 1 space per 100 square feet. Restaurants, Take Out Only 1 space per 300 square feet. With Drive- Through Facilities 1 space per 100 square feet. With Outdoor Eating Areas 1 space per 100 square feet, including outdoor dining areas. . Food and Beverage Sales Catering Services 1 per 1000 square feet, plus parking for any vehicles used in the business. 1 per 300 square feet. 1 per 300 square feet. 1 per 300 square feet. To be determined by the Director, who may require a parking demand analysis. 1 space per 400 sq. ft. of floor area or outdoor sales display. Section 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls. Convenience Market General Market Liquor Stores Funeral Parlors and Mortuaries Home Improvement Sales and Services Hotels and Motels 1 space per unit; plus 2 spaces adjacent to registration office; 1 space per 20 person capacity of any conference or banquet rooms. . CITY OF SEAL BEACH MUNICIPAL CODE 107 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . . . ::. . '.'., .:.".. .'r~ .' '.~.;.'rABlE'1 t'4~20~01'5.A.'~';(b~~tinued).: _ . . :.:. .~ . .','" ......:, " . " ",' ',: ~"'l.: ..... ::: t":" ~ . .. I':" .... ......,.,' ..... I . ,', . .':' . ;'. ;~'" . 'I ", . ,,',:" ".: .......'..:. :"':<."~:,'. :. .. "REQUIRED PARKiNG~' . .'>::: .... .... : .', ";" . '. :' " .'.::~~ '~t" :,:' "" '~"~ __"_. _ ...~.~I . :'...:. .t"... .... .:i ......H~....">I'.:I., .. I"','~': ..... . .......::-. .' ',',' ',.... ,;.... . ";' ". .,.., "";:,,::.' . h .' . :[:""J.'~se:C'I~!!SlficatIQn.,....:.'.''':':'''':. Requlred:Off~~t""i ". '...Additional ,.,..,: ',' ...~. ,', ..~. Jo'...;.')..<'-..~... ......1." . .~........::.........~... ....'~. "'~'''. '.::~: '" :~' :.-.. .. '."" :~..:.:::'''',~' ",:: . ':, . '.', '''':'. ',.;. ~~rking. ~pa~~>:. "> ..,.:" 1~~gu'lations~ .~:W:'. :. 'Com~erclaqj~~ Types (C~QtlnueciL ~~.. .... ,;. ,,~. : '. .,:);:'(-: . .."'::::. """.. "'.. .::;:>..., , . Laboratories 1 space per 400 square feet. Live/Work Unit 1 space per unit for each unit smaller than 1000 square feet; 1.5 spaces per unit for each unit containing 1000 square feet or greater floor area or 2 or more bedrooms. 1 space per 500 square feet Maintenance and Repair Services Offices, Business and Professional 1 space per 400 square feet. Walk-in Clientele 1 space per 300 square feet. 1 space per 200 square feet. 1 space per attendant station (in addition to parking spaces for customers). Personal Improvement Services 1 per 300 square feet. Personal Services 1 per 300 square feet. Beauty/Barber shops 2 for each operator station. Retail Sales 1 per 300 square feet. Tattoo Parlors 1 per 300 square feet. Theaters 1 per 4 seats . Lig~.f~anu~ac;turing Use Types' .:. . ',. .," ':"':'~ ',. . . .. Contractors' Yards 1 per'1000 square feet of building area (if building exists) 1 space per 750 square feet Offices, Medical and Dental Parking Facilities, Commercial . . . ~.'. .." ....... .... . . .~. .', . .... Handicraft/Custom Manufacturing Industry, Limited 1 space per 1000 square feet of building area 1 space per 1000 square feet of building area Industry, General . CITY OF SEAL BEACH MUNICIPAL CODE 108 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . .:'.. .' .'. . ',' ".1":, II . .' .... f"'.... ......1 . . ." ".. ": ''-::?:f::;:'::':'::.'TAB.LE 1.1.4~20:01-5.~.1 (Con6nued)'" . . . '. :;::;: :::.' ,,:;: :..... .:. .':'.' ':: .... .' :'. .' '<,,;.,:: .:::,. . :~." ",: ....:..::::.::::/ , ....:.:-.::-':..":.::..::..:....:.,.-: .:.:-,:R.E~UIRED":~A~KJ'~G, .... .":.. " ::.. :'U~e Classifica~ion:''- :',:.- .~ <::'.:~':Requ(red':Off~tre~f '" :.:-": t. ..: -.j(dditi~ri~l '. . : ~" ..: . ;:..;....~;:-..:.. .' . '. .:,' ,:,.,' , .', ,->:.(:' .:', ..... .",,:.,', :, 1'".... . '.' '. :. '. '..:-;:..>:":~!;:.\. .:..-. ,... .:....... .::....:.\. ':-' ,P~rkmg Space~ '.: ,':",. ':.. r..':,,~egula~o,ns . Light:M.illnufacturing Use,Types (~~nti:nu~dl~:':. >:' ':', :.>.....,.i..... :.:;: ,v:';S\ :A~~'..i..:.:~.. ..:.........: Warehousing and Storage 1 space per 1000 square feet of building area 1 space per 1000 square feet of building area 1 space per 1000 square feet of building area Personal Storage 1 space per 20 storage units. Transpo.~~ion~ Co~municati.on. and Utility Use Types'-'''' , Communication Facilities Indoor Commercial Storage Outdoor Storage Antennae and Transmission Towers . Facilities Within Buildings Recycling Facilities Reverse Vending Machine Recycling Collection Point Recycling Processing Facility Utilities, Major Utilities, Minor . ... :.0::' .. .....; . '1:~ . "', :. ." " No spaces required unless maintenance occurs on a daily or more frequent basis, in which case one space per facility required. None. When accessory to another use, no additional spaces required. Otherwise, subject to determination by Director. A minimum of 6 spaces for customers, plus one space for each commercial vehicle operated by the recycling facility. 1 space per 1000 square feet To be determined by the Director, who may require a parking demand analysis. No spaces required unless maintenance occurs on a daily or more frequent basis, in which case 1 space per facility required. CITY OF SEAL BEACH MUNICIPAL CODE 109 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . ...., l;i . ,...' ,,,1:1. '. , .' .' .. ": .... ':-':!';' ~ '. .....'. ,:..TAB'LE "1..4~20.'015~A'1.(Contin~ecl) '. : ..... ," ':,~:+::: ':::':::':::":l"':'>::r< .,.~,,' . ":': . ......:. .":':.... '<\'. .'. . ..,.,.,T':~...:.~.. '. d. ,.", . ,:..::......,... .~E,!~I~~P~~A~~.NG?~.,':." "'. "'~"'" .... ::." . :Use .Ciassifiditi~~.,,:....w :'. , . .:R~qu'i~c;I Otf-Stre~f~:':' ~ .}'>. .Additi~n.F" .; ..;' .' ""''': ,'r ".':>..' -'~".',," ,;:.-....::'::'.. ....!-".,.;' . Pa~kinsi~$p~ces':~'~;:, .,-,::;. ..,... .R~Ql:lla~ons':-' ~Slri~iiitural Use ~yp~ -; ",,..; , .~~ .<..<: ':'~:.>):;., >~'.~:.:':':'{:,,~,,:~ <::'~~,::'{:.~':<~~~ .+.~:;~} ~',: ":' Crop and Animal Raising None for the crop or animal raising operation area. 1 space per 300 square feet of any accessory retail outlet. Nurseries 1 space per 350 square feet of indoor or outdoor sales/display area. .'. ."'!:'"::''' TABLE 11~4.20.01~5'.A:2' .' '" ..... .'. REQU.IRED PARKING.':" MAIN :STREET' '. . . .: SPECIFIC P.LAN ZONE: DISTRICT ~'. :,'.1'::" . ", . "I, I' .. . . . .. . .....' , :,:>,.:~ ". ",,',".. ~~q~ire~ Off,~~treet /, Additional'-':':' Use C.lassification ... , . P.arking Slla'~es':' ./, . " .<~. " Regu~ati~'ns ~ommercial~~eTypes.. .... .' :,:" . :', ..~"..' ^:~~.:'...^ ,'. Beauty salon/nail shop 2 per operator station. Business Offices 1 space per 300 square feet. Coffee houses/desert shops 1 space per 500 square feet. Financial Institution 1 space per 250 square feet. Professional Offices 1 space per 250 square feet. Furniture Stores 1 space per 1,000 square feet. Grocery Stores 1 space per 1,000 square feet. Hardware Stores 1 space per 1,000 square feet. Horticultural Nursery 1 space per 2,500 square feet. Medical Offices 1 space per 200 square feet. Movie Theater 1 space per 6 seats. Office, no customer services 1 space per 4 employees or 500 square feet, whichever is greater. 1 space per 1,000 square feet. " : . Drug Store/Pharmacy . CITY OF SEAL BEACH MUNICIPAL CODE 110 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS .'. . ..... .'. .::. TABLE .11~4~20'.Q15.A~~ (C~ntinuedf', .. ....... .:' .:' .:. :", :.:.. .. ,',.',' .,'. ....... '. . ""REQ'U:IRE'D~.PARKING ~',MAIN STREET " J ,'. ~, : '} . a '\I .. . ..... aa' " ". "... -:, SPEC'IFIC :PLAN,ZONE:.DIST~ICT '...': "'.-" './ . , ",,$" . . ......... .... " '. :.."... . ':, ."- "..::l . . Required Off-Sjreet.;' ,?'" ~. . . :'.':: < 'Ad'd'ltio~ar:..:: . . . .. . ........ ..:. '". ' " ~', ". ........ : .'." . '''.,':'' ,,:. '\.,' '" ; . ,/'. . '. ./:: .. 'Use,Cla'ssification': .:.':--" . Par~ing"Spac~s':',..::' .:..;.::. Regulations' . ~ .~ .t'..' ..... ' .... ' ... ... " ~'^ . ....... .'. co~mer#ia",U~~Types :.': \'0;,< :.:~<~ ':':j' .: v.. '., '.' .-r " :--- ~. ~,;, Restaurant 1 space per 100 square feet. Retail Stores 1 space per 500 square feet. ...:-' ,', ........ ., S 11.4.20.020 Parking Reductions. The required number of parking spaces may be reduced in accordance with the following provisions: A. Shared Parking. 1. Permit Requirement. A Conditional Use Permit may be approved for shared parking faciliti~s serving more than 1 use on a site or serving more than 1 property. The use permit may allow for a reduction of the total number of spaces required by this Chapter if the following findings are made, in addition to the required findings pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings: a. The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided; and b. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately. 2. Shared Parking Agreement. A written agreement between the landowner(s) and the City shall be filed, in a form satisfactory to the City Attorney, and including: . a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for an approval of a use permit; b. A guarantee among the landowner(s) for access to and use of the shared parking facilities; and c. Evidence that the agreement has been recorded in the County Recorder's office. CITY OF SEAL BEACH MUNICIPAL CODE 111 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS B. Other Parking Reductions. Required parking for any use except a Single-Unit Dwelling, Second Unit, or Two-Unit Dwelling may be reduced through approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings. . 1. Criteria for Approval. The Commission may only grant a Conditional Use Permit for reduced parking if it finds that the project meets all of the Conditional Use Permit criteria in Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings, and that at least 2 of the following findings can be made: a. The use will be adequately served by the proposed parking due to the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working or visiting the site; or because the applicant has undertaken a transportation demand management program that will reduce parking demand at the site. b. Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area. c. The site plan is consistent with the objectives of the zoning district, and incorporates features such as unobtrusive off-street parking placed below the ground level of the project with commercial uses above, or . enclosed parking on the ground floor. C. Application Submittal Requirements. In order to evaluate a proposed project's compliance with the above criteria, the Director may require submittal of a Parking Demand Study that substantiates the basis for granting a reduced number of spaces and includes the following information: 1. Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use; 2. Existing parking surveys of the surrounding area; 3. development; Trip generation rates expected for existing and proposed 4. A description of any Transportation Demand Management Program that would result in reduced parking demand through measures such as preferential carpool spaces, telecommuting or staggered works shifts, provision of transit passes or other transit incentives for residents or employees, incorporation of spaces for car share vehicles, bicycle trip-end facilities, provision of shuttles to transit stations, or other measures; and . CITY OF SEAL BEACH MUNICIPAL CODE 112 TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 5. The lot or business owner's plan to reasonably provide alternative solutions to off-street parking on the lot. D. Main Street Specific Plan District In-Lieu Parking Program. 1. Participation in Program Required. In the event a use cannot provide the off-street parking spaces required by Table 11.4.20.015.A.1: Required Parking or Table 11.4.20.015.A.2: Required Parking - Main Street Specific Plan Zone District, above, such use shall not be established unless there is full compliance with all the requirements of the Main Street In-Lieu Parking Program as established in this Section. All or part of off-street parking space requirements may be satisfied by compliance with this Section. 2. In-Lieu Parking Fee. The In-Lieu Parking Fee and the formula for calculating such fee shall be established by resolution of the City Council. . 3. Existing Uses - Parking Deficiencies. Any use which existed prior to September 12, 1996 and which is presently operating under the authority of a discretionary land use entitlement and/or development agreement shall remain subject to the terms and conditions of such approval and agreement. As a condition to those entitlements, the applicants agreed to participate in any in-lieu program established by the City Council. This Article constitutes the in-lieu parking program referenced in the resolutions conferring those entitlements and in those certain development agreements. 4. Processing In-Lieu Parking Program Applications. a. Application Submission. Eligible persons or businesses desiring to participate in the In-Lieu Parking Program established herein shall submit a written application for participation to the Director on a form prescribed by the City. If the Director determines that such application meets the requirements set forth in this subsection D: Main Street Specific Plan District In-Lieu Parking Program, the Director shall, within 30 days of the completion of such application, calculate the applicable in-lieu fee and grant permission to participate in the program, if the Director makes the following findings: i. Participation in the In-Lieu Parking Program will not create any significant adverse traffic safety impacts, pedestrian-vehicle conflicts, or parking impacts. ii. Participation in the In-Lieu Parking Program will not be detrimental to the public health, safety, and welfare. b. The Director may deny the request to participate in the program, if the Director is unable to make the findings set forth in subsections i and ii, above. . CllY OF SEAL BEACH MUNICIPAL CODE 113 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS c. The Director may restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the findings set forth in subsection i. d. The Director's decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested. . 5. Appeals. The decision of the Director may be appealed pursuant to the provisions of Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions. 6. Payments and Deposits. a. Payments of In-Lieu Parking Program Fees shall be made pursuant to the fee established by the Master Fee Schedule. In no event shall a certificate of occupancy be issued for any participating use in the Main Street Specific Plan district prior to the receipt by the City of the first installment or, if applicable, full payment of the In-Lieu Parking Fee. b. Funds collected from the In-Lieu Parking Program shall be deposited in a segregated City In-Lieu Parking Program fund. Such fund shall be used exclusively for the purpose of promoting, managing, operating, increasing and maintaining the availability of parking spaces in the immediate vicinity of Main Street. 7. Transferability. In-Lieu Parking space payments paid for . pursuant to the provisions of this section shall be credited only to the use for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property. 8. Expansion, Intensification or Change in Use to a Use which Requires Additional Off-Street Parking Spaces. Should the use of any property within the Main Street Specific Plan district be proposed for expansion, enlargement, structural alterations, intensification or conversion to a new use which requires additional off-street parking spaces, the owner, lessee or sub-lessee of the property shall provide the required additional off-street parking, either on-site, within 300 feet of the property on which the building is located, or through payment of in-lieu parking program fees, or additional in-lieu parking program fees, as required by this section. 9. Acceptance of Terms and Provisions. An applicant's participation in the program shall not become effective, and a certificate of occupancy shall not be issued, unless and until the participant first executes and submits for recording on the title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. Such covenant shall be recorded in the office of the Orange County Recorder and shall also be maintained in the office of the City Clerk. S 11.4.20.025 General Parking Design Standards. . CITY OF SEAL BEACH MUNICIPAL CODE 114 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS A. Applicability. The standards of this section shall apply to all required parking spaces as well as spaces provided in excess of the minimum requirements. B. Property on Which Parking and Loading Must Be Provided. Required off-street parking spaces and loading spaces must be located on the same lot as the use they serve, except: 1. When shared parking consistent with Section 11.4.20.020.A: Shared Parking has been approved; or 2. Upon the granting of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, parking may be provided on another lot located within 300 feet of the use served. The Planning Commission shall only approve a use permit for parking located on a different lot than the use served if it finds that the parking will be convenient and accessible to residents, employees, or patrons of the use. The owners of both lots shall prepare and execute to the satisfaction of the City Attorney, and file with the Orange County Recorder, an agreement guaranteeing that parking facilities will be maintained and reserved for the use served, for the duration of such use. C. Minimum Parking Space Dimensions: Standard. Off-street parking spaces shall have the minimum dimensions stated in Table 11.4.20.025.C: Parking Area Space Dimensions for Automobiles - Standard Spaces, according to the angle of spaces in relation to adjacent aisles. The minimum basic dimension of a standard-size parking stall shall be 9 feet by 18 feet. In addition, any parking space located adjacent and parallel to a wall or other solid barrier shall be at least 11 feet wide. See Figure 11.4.20.025.C.1: Parking Space Typical Layouts, and Figure 11.4.20.025.C.2: Standard Size Parking Space Dimensions. CITY OF SEAL BEACH MUNICIPAL CODE 115 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS "':'" " .": .~, " ~.: ~ ::. '\,.,.,' . ':" J,'," .:" ...... ',~ .........~ .,,:" ,,:.~': -, '" I . ".l"~lt" '. . : .' ". . 1 '.' ,...'..: " TABLE 11......20,;Q2~.C,.: ..: ..' ::::; .: ':,;' I:" .: . ~ . .. . ;: ":':". '1' I,':', .; ,', ':l'::.::":~", \;.:...'," .... .~~ '1" . '."; "I,," '. .::- ", : 1-" :'::",,, 1':1; ... " ,.~. 01" " ,,'" PARKING .AREA SPACE ,DIMENSIONS FOR.,AUTOMOBILES'~ STANDARD:.,: -: . ....." -.... ",," " ... ,'" ". l..... " ;: ." : U..f,' "." "". :.: " . ...... ", '.,.. ", ,', 'SPACES..... . .,. ". :. '" :~..:..:.,,,' ::"'~"""-' ........I.....~:.,.., .:: ....,..,:.:>.:. ....... ....f).... ",': :':,' '..:-'., ..' .:. ...,.. ..,. ~ '.:" Angle.'of,' . ;'. ':'. -:>:'(/Y, .~( ^,' Curb:.:" ....... ". :'. '.:: ':Ai./e Width '. :'.' "'Doiibie-Loaded .~' .; ,Ptliking* .~;, ":.Spacii '~" Length. :.-' :Sjiace ;" ~ ", '. .:;': :: ,:,>::....,'., ....' ">Pai1cingArea/::"': :"(deg~~f' '::': Wi~'. :--<;f!e.i,:'Car . Depth." . ~-Waj..;"':".. :27~a}f.:' ;':::.: '.' : Widtif:,ji:'-...> Parallel 9'_0" 22'-0" 9'-0" 12'-0" 24'_0. 30'-0" 30 9'_0" 18'_0" 17'-10. 12'-0" 22'-0" 47'_8" 40 *45 50 . *60 9'-0" 14'-1 " 19'8" 12'_0" 22'-0" 51'-4" 9'-0" 12'-9" 19'-0" 13'-0. 22'-0" 51'-0" 9'-0" 11'_8" 21'-1" 16'-0" 22'-0" 58'-2" 9'_0" 10'-5" 20'-0" 18' _0" 23'_0" 58'-0" 9'_0" 9'_7" 21'-11" 21'-0" 23'_0" 64'-10" 9'_0" 9'_0" 18'-0" 24'-0" 24'-0" 60'-0" 70 *90 * Most frequently used angles . . CITY OF SEAL BEACH MUNICIPAL CODE 116 TITLE 11 - ZONING PART IV: REGULATIONS APPLYING IN SOME OR ALL DISTRICTS . Figure 11.4.20.025.C.1 Parking Space Typical Layouts . ClIlt LaI1g/h 30 Degree Angle Parking ClIIt L.fIljJfII 60 Degree Angle Parking . Cat6 LIIIgIIl 45 Degree Angle Parking t II ill! I ~CUr&f.Ml9IIt 90 Degree Parking Parallel Parking CITY OF SEAL BEACH MUNICIPAL CODE 117 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . Figure 11.4.20.025.C.2 Standard Size Parking Space Dimensions L Curb Length J ,--- 22 ft--, I PrlrkJ/If space I In II ParallelParlclng Maneuoerlng Aisle 5 I ft 45. Partcing . 63 It 60. ParIcIn, .9~ T ~ II ~OQ = 18ft -r ITIIJ--... -+ ... 181t 1 PO" Parkin, . CITY OF SEAL BEACH MUNICIPAL CODE 118 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS O. Minimum Parking Space Dimensions: Compact. Compact parking spaces, where permitted by this Zoning Code, shall have the minimum dimensions stated in Table 11.4.20.025.0: Parking Area Space Dimensions for Automobiles - Compact Spaces, according to the angle of spaces in relation to adjacent aisles. The minimum basic dimension of a compact-size parking stall shall be 8 feet by 16 feet. In addition, any compact parking space located adjacent and parallel to a wall or other solid barrier shall be at least 10 feet wide. The maneuvering aisle width listed in the table applies only where compact spaces are designated on both sides of a one-way aisle. All other aisle widths must meet corresponding standard aisle width requirements set forth in Table 11.4.20.025.C: Parking Area Space Dimensions for Automobiles - Standard Spaces. Each compact space shall be clearly and distinctively marked as a compact space. ," ,':'::',':'.,:::" TABLE 1'1.4.20.02S.'[)': ,,',:, ",'," " " :-:....1 .... -....', "c' . '. .... .. , , 'PARKING "AREA SPAC~ DiMENSION'S FO~' Al)TOMOBILES - I ' ^', , '" ' '-" '....,"".... "' ',,: ~ COMPACTSPACE$::::..::':'.':" ""...." :, Angle of" ';.::. '~:'~~:" -:,;' Curb '), ',': ,',; ',',,:-.. <' ',~,.."" ", " Doubl..Loaded Parking'>: ..' Space",' ,'tengtf"Per. Space: ':; "Aisi~ widih1 "ParkingAre~ (degrees) , ,Width ' Car,' ,', Depth ,,,,, '," .., Width ' Parallel 8'.0. 20'.0. 8'-0. 12'.0. 28'-0" 16'-0. 14'.11. 11'.0. 40'-10. 12'.S. 16'.S. 11'.0. 43'.10. 11'-4" 17'-0. 11'.0" 45'.0. 10'.S. 17'-5" 13'.0. 47'.10. 9'_311 17'.10. 16'-011 51'.8. 8'-6" 17'-9" 16'.0. S1'-6. 8'-0. 16'.0. 21'.0. 53'.0. *30 8'.011 40 8'.0. *45 8'.0" 50 8'.0" *60 8'.0. 70 8'.0. *90 8'.011 * Most frequently used angles. 1 Aisle width applies only to double-loaded compact spaces where compact spaces are double-loaded on both sides of a one-:-way aisle. All other aisle widths must meet corresponding standard aisle width requirements of Table 11.4.20.025.C: Parking Area Space Dimensions for Automobiles - Standard Spaces. E. Standards for Disabled Parking Spaces. All parking areas shall include parking spaces accessible to the disabled. The spaces required by this section shall count toward compliance with the total number of spaces required by this Chapter. CITY OF SEAL BEACH MUNICIPAL CODE 119 TITLE 11-Z0N/NG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 1. Number of Spaces, Design Standards. Parking spaces for the disabled shall be provided in compliance with the provisions of the Califomia Building Code. 2. Upgrading of Marking Required. If amendments to the California Building Code change standards for the marking and signing of disabled parking spaces, the disabled parking spaces shall be upgraded to comply with the new standards. In the event that the required changes to space markings cause a reduction in the overall number of parking spaces and nonconformance with this Zoning Code, a parking reduction may be requested pursuant to Section 11.4.20.020: Parking Reductions. Upgrading shall be completed by affected property owners within 60 days of receipt of notification in writing from the City of the new state standards. F. Access to Spaces. Except where otherwise specified by this Zoning Code, each parking space shall have unobstructed access from a street or from an aisle or drive connecting with a street without requiring moving another vehicle. However, required parking spaces for any dwelling unit may be arranged in tandem, so long as parking required for any dwelling unit is arranged independently from parking serving any other dwelling unit, with unobstructed access from a street for at least 1 of the spaces required for each dwelling unit. G. Vertical Clearance. A minimum height of 14 feet shall be maintained clear of obstructions from the parking surface to any structure or landscape feature above that may interfere with the safe passage of vehicles, except within garages, carports, or parking structures, where the minimum clearance shall be 8 feet 6 inches. H. Direction of Vehicle Ingress/Egress. Off-street parking areas shall allow vehicles to enter and exit from or onto a public street by a forward motion only. Off-street parking areas for Single-Unit Dwellings, Second Units, and Two-Unit Dwellings are exempted. 1. Exception. Subject to Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits, parking areas may be designed to allow vehicles to back onto a street provided: a. The lot contains no more than 3 spaces. b. The Director determines that the adjacent street is a non- major street with light traffic intensity. c. The siting of the parking stalls allows for safe vehicular line of sight. . . d. The parking area complies with all other pertinent parking requirements and guidelines. e. The parking area is not located near an intersection. . CITY OF SEAL BEACH MUNICIPAL CODE 120 . . . TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 2. Main Entrance for Commercial Centers having more than 200 Parking Spaces. Commercial centers which have more than 200 parking spaces shall have at least 1 main entrance designed as shown in Figure 11.4.20.025.H: Main Entrance for Commercial Center Parking Lots having more than 200 Parking Spaces. Figure 11.4.20.025.H Main Entrance for Commercial Center Parking Lots having more than 200 Parking Spaces \ t 1. I. Pedestrian Walkways. 1. Materials. Where a pedestrian walkway crosses parking areas, it must be clearly identifiable through the use of elevation changes, calming measures such as speed bumps, a different paving material, or other similar method. Striping does not meet this requirement. Elevation changes and speed bumps designed to meet this requirement must be at least 4 inches high. 2. Separation. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb, bollards, landscaping or other physical barrier. If a raised path is used, it must be at least 4 inches high and the ends of the raised portions must be CITY OF SEAL BEACH MUNICIPAL CODE 121 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS equipped with curb ramps. Bollard spacing must be no further apart than 5 feet on center. . J. Surfacing. All parking areas shall be improved with surfacing such as asphalt, concrete, or a comparable permanent nonabsorbent surface. Other surfacing may be permitted subject to approval by the Director and the City Engineer. 1. Landscaping In-Lieu of Paving. A maximum of 3 feet of the parking stall depth may be landscaped with low-growth, hardy materials in-lieu of paving, allowing a bumper overhang while maintaining the required parking dimensions. However, the overhang area shall not be counted as part of the minimum required perimeter or interior landscaping. See Figure 11.4.20.025.J.1: Landscaped Area at Front of Parking Space. Figure 11.4.20.025.J.1 Landscaped Area at Front of Parking Space . Pari<ing SIllII Parking SIllII Landscaped Area K. Drainage. Parking and loading areas shall be designed and constructed: 1. So that surface water will not drain over sidewalks or adjacent parcels; and . CITY OF SEAL BEACH MUNICIPAL CODE 122 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 2. In compliance with the storm water quality and quantity standards of the City's best management practices. See also Section 11.4.10.020.H: Storm Drainage and Storm Water Runoff. L. Landscaping. All parking areas shall be landscaped according to the provisions of Chapter 11.4.30: Landscaping and Buffer Yards. M. Screening. Where a parking lot is adjacent to a public right-of-way, it shall be screened according to the standards in Section 11.4.30.025.F: Landscaped Buffer for Open Parking Abutting Public Right-of-Way. N. Lighting. Adequate lighting shall be provided for the illumination and protection of the premises. See Section 11.4.10.020.A: Lighting. Lighting shall be directed away from adjacent streets and properties. All light standards and luminaries shall be clearly identified on all site plans. Lights shall not blink, flash, change intensity, or cause glare. String lights are prohibited. The type of lighting (e.g. mercury vapor, sodium vapor, fluorescent, etc.) shall be approved by the Director. O. Wheel Stops and Curbing. Concrete curbing at least 6 inches high and 6 inches wide, with breaks to allow on-site drainage, shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in-lieu of continuous curbing when the parking is adjacent to a landscaped area and the drainage is directed to the landscaped area. Alternative barriers designed to protect landscaped areas from vehicle damage may be approved by the Director or the City Engineer. Wheel stops shall be placed to allow for 3 feet of vehicle overhang area within the dimension of the parking space. P. Markings. Each parking space and parking facility shall be identified by surface markings and shall be maintained in a manner so as to be readily visible and accessible at all times. Such markings shall be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles. Marking required to be maintained in a highly visible condition includes striping, directional arrows, lettering and field color on signs in handicapped-designated areas. Marking requirements are depicted in Figure 11.4.20.025.P: Parking Space Marking Requirements. CITY OF SEAL BEACH MUNICIPAL CODE 123 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Figure 11.4.20.025.P Parking Space Marking Requirements . ..~~ 300,450 & .0Parklng .,..."'-' , ~ ~'~~ .. ~. ot~~ '~~ '.~ '~~~~;:'9..,,,, "',' ~ 11 .....~~'-""'" /.' ~~ /11t~~ "~,.~~~ .~, , .~ ~ 24 In. Exterior 1 DiTBmn ~ 3) ..! 18 in._ ~ Dimension i 5) . ~ I . . 900 Parking ~~- ~ ~ 11FL -(~---. ~: Parallel Parking , ~ ~- I. 8 fL J. 9ft. ~ .~- 19ft. J. 8 ~I 19 ft. . .... - ..14 . CITY OF SEAL BEACH MUNICIPAL CODE 124 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Q. Utilization of Required Parking Spaces. Storage of merchandise, cartons, trash, equipment or other materials shall not be permitted in required parking areas, driveways, or landscaped areas. S 11.4.20.030 Driveways. A. Driveway Width. Minimum and maximum driveway widths are prescribed in the base zoning district regulations. B. Driveway Separation. Driveways serving the same parking facility shall be located at least 35 feet apart. C. Driveway Visibility. Visibility of a driveway crossing a street property line shall not be blocked between a height of 2.5 feet and 7 feet for a depth of 5 feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of 5 feet or at the nearest property line intersecting the street property line, whichever is less. See Figure 11.4.20.030.A: Parking Lot Design Standards and Figure 11.4.20.030.B: Driveway Visibility. Figure 11.4.20.030.A Parking Lot Design Standards CJ.rty mark cln:ua.tlon pattern. D1.",u~ ~ wtt:h d1~onal a/TOlW. parlclne ale.. Crute ~n walkwaye. CITY OF SEAL BEACH MUNICIPAL CODE 125 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . Figure 11.4.20.030.8 Driveway Visibility t' ~ ..... :!: it DrivewlIy No visual obstructions between a height of 2.5 feet and 7 feet f t j. :\~~.y' 5 Fe. . "::: Nearest _nv Une L, __--.:~-:J::::...L___ ..I ,,:51, t~ "'Ii . S 11.4.20.035 Required Off-Street Loading. A. Required Loading Spaces for Delivery and Distribution. A building, or part thereof, having a floor area of 10,000 square feet or more that is to be occupied by any use requiring the receipt or distribution by vehicles or trucks of material or merchandise must provide at least 1 off-street loading space, plus 1 additional such loading space for each 40,000 square feet of floor area. The off- street loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck-maneuvering areas must not encroach into required parking areas, travelways, or street rights-of-way. 8. Required Loading Spaces for Customers. Customer loading spaces allow bulky merchandise to be loaded into customers' vehicles. Each 8uilding Materials Store and Home Improvement Sales and Service Store use shall provide at least 2 customer loading spaces per business establishment or 1 customer loading space per 10,000 square feet, whichever is greater. Customer loading spaces shall be located adjacent to the building or to an outdoor sales area where bulky merchandise is stored and shall be clearly visible from the main building entry or through directional signage visible from the main entry. Customer loading spaces . CITY OF SEAL BEACH MUNICIPAL CODE 126 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS shall be not be located in such a way that they impede on-site or off-site traffic circulation, as determined by the Director and the City Engineer. C. Standards for Off-Street Loading Spaces. 1. Minimum Size. Each off-street loading space required by this Section must be not less than 12 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. Loading spaces for customers may be 12 feet wide, 26 feet long, and 12 feet high. 2. Driveways for Ingress and Egress and Maneuvering Areas. Each off-street loading space required by this Section must be provided with driveways for ingress and egress and maneuvering space adequate for trucks, per City standards. 3. Location of Loading Areas. Truck docks, loading and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street-facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Facilities within 150 feet of a residential district shall provide screen walls and sound attenuation to comply with a noise level of 55 CNEL at the residential district boundary. Exceptions may be granted with approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, if an alternative location for the truck dock, loading and/or service area better protects the pedestrian environment of the commercial district and/or better shields adjoining residential neighborhoods from noise and visual impacts. 111.4.20.040 Parking Structures. A. Permit Requirement. Parking structures above or below grade shall be subject to Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. B. Required Design Standards. All parking structures shall comply with the following requirements: 1. Transition Ramps. Transition ramps which are also used as back-up spaces for parking stalls shall have a maximum slope of 5 percent. The maximum slope for transition ramps with no adjacent parking spaces shall be 10 percent. A ramp used for ingress and egress to a public street shall have a transition section at least 16 feet long and a maximum slope of 5 percent. 2. Structures having more than 300 Spaces. Parking structures with over 300 spaces shall provide secondary circulation ramps and additional CITY OF SEAL BEACH MUNICIPAL CODE 127 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS ingress and egress if deemed necessary by a traffic study prepared by a state- registered traffic engineer. 3. Perimeter Landscaping. Parking structures shall be provided with a minimum 10-foot-wide perimeter landscape planter at ground level. Parked cars shall be screened on each level through landscape planters or trellises and/or decorative screening wall or railings. The landscaping plan shall be approved by the Director. . 4. Architectural Compatibility. All parking structures shall be architecturally compatible with existing or proposed structures and shall be subject to review and approval as part of the Conditional Use Permit. The Commission shall consider the following factors in reviewing a proposal: bulk, scale, proportion, building materials, colors, signage, architectural features, and landscaping. C. Conversion to Fee Parking. All parking structures proposed for conversion to a fee parking arrangement shall be subject to Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. Public parking structures within the coastal zone proposed for conversion to a fee parking arrangement shall also be subject to approval of a coastal development permit. 111.4.20.045 Required Bicycle Parking. . A. Applicability. Bicycle parking shall be provided for all new construction, additions of 10 percent or more floor area to existing buildings, and changes in land use classification as set forth in Subsections Band C, below. B. Non Residential Developments. Non residential developments shall provide 1 bicycle stall for every 20 parking spaces. Racks shall be made available to both customers and employees. C. Residential Multiple-Unit Developments. Residential multiple-unit developments shall provide at a minimum 1 bicycle stall per 4 units in a secured, enclosed and covered area. D. Design Standards. Bicycle parking facilities shall include provision for locking of bicycles, either in lockers or in secure racks in which the bicycle frame and wheels may be locked by the user. Bicycle spaces shall be conveniently located near the primary entrance of structures or at a central location and shall be protected from automobile damage. The Director shall verify compliance with these criteria. . CITY OF SEAL BEACH MUNICIPAL CODE 128 . . . Sections: 111.4.25.005 111.4.25.010 111.4.25.015 111.4.25.020 111.4.25.025 111.4.25.030 111.4.25.035 111.4.25.040 111.4.25.045 111.4.25.050 111.4.25.055 111.4.25.060 111.4.25.065 111.4.25.070 111.4.25.075 111.4.25.005 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.25 Sign Regulations Applicability Exempt Signs Prohibited Signs Temporary Banners Signs - Commercial, Mixed-Use, and Other Non-Residential Districts Signs - Residential Districts Temporary Signs General Provisions for All Sign Types Procedures for Sign Approval Maintenance, Abandonment, and Removal Legibility of Signs Materials Changeable Copy Historic Signs Illegal Signs Applicability. The provisions set forth in this Chapter shall apply in all zoning districts of the City, except where expressly stated otherwise. No sign shall be erected or maintained anywhere in the City except in conformity with this Chapter. 111.4.25.010 Exempt Signs. The sign area of the following signs shall not be included in the maximum area of signs permitted for any site or use: A. Address Signs. Required address identification signs that are in conformance with the Building Code. B. Change of Business Signs. A temporary attachment or covering of wood, plastic, or canvas over a permanent sign indicating a change of ownership or activity may be displayed for no longer than 30 days following the change of ownership or activity for which the sign is intended. The sign shall be no larger than the previously permitted permanent sign. CITY OF SEAL BEACH MUNICIPAL CODE 129 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . C. Construction Signs. A temporary construction sign may be erected on a construction site for the duration of construction activities provided that it is immediately removed after issuance of a Certificate of Occupancy or Certificate of Completion for the project, or abandonment of work. A temporary construction sign may not exceed 32 square feet in area or 8 feet in height within commercial, mixed- use, or other non-residential zones or 6 square feet in area or 5 feet in height within residential zones. D. Interior Signs. Signs that are located in interior areas of a building or site, more than 3 feet from a storefront window, and are not visible from public streets or adjacent properties. For the purpose of this regulation, "visible" means legible to a person of ordinary eyesight (with vision adequate to pass a state driver's license exam) standing at ground level at a location on the public right of way or other private property. E. Official Government Signs. Official notices issued by a court, public body or office; official notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; or other signs required or authorized by law. F. Commemorative Signs. Commemorative plaques, memorial signs or tablets, or signs indicating names of buildings and dates of building erection, either . attached to or cut into the surfaces of buildings, provided that no such sign exceeds 3 square feet in area. G. Parking and Directional Signs. On-site parking and directional signs not exceeding 5 square feet in area and limited to directional messages such as entrance/exit locations or instructions to direct on-site traffic circulation. H. Informational Signs. Noncommercial informational signs located wholly on private property not exceeding 2 square feet in area erected for the immediate convenience of the public, such as signs identifying rest rooms, public telephones, walkways, and similar features or facilities. I. Time and Temperature Devices. Time and temperature devices, not exceeding 6 square feet and not higher than permitted signs, located wholly on private property and bearing no commercial message. J. On-Site Real Estate Signs. On-premises signs conveying information about the sale, rental, or lease of the appurtenant lot, premises, dwelling, or structure, provided that they comply with the following standards: 1. No more than 1 real estate sign per public street frontage per lot . is displayed at anyone time; CITY OF SEAL BEACH MUNICIPAL CODE 130 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 2. The sign or signs do not exceed the following size restrictions: a. Residential districts: 6 square feet; b. Commercial, mixed-use, or other non-residential districts: i. Lots less than 10,000 square feet: 6 square feet; ii. Lots between 10,000 square feet and I acre: 25 square feet; and iii. Lots over 1 acre: 50 square feet. 3. The sign or signs are not illuminated; and 4. The sign or signs are removed within 7 days after the sale, lease, or rental of the property has been completed. K. Vehicle Signs. . Signs painted, stenciled or similarly affixed to the surface of vehicles. L. Window Signs. Window Signs, subject to the following provisions: . 1. In residential zones and on residential properties, window signs not exceeding 20 percent of the area of window and transparent door frontage on any building fayade, and subject to the requirements of Section 11.4.25.030: Signs - Residential Districts, below. 2. In commercial and mixed-use zones, window signs not exceeding 20 percent of the area of window and transparent door frontage on any building fayade. Any sign either hung within 3 feet of a window or attached to a display located within 3 feet of a window is considered a window sign. See Section 11.4.25.025.0.10: Main Street Specific Plan District - Additional Requirements, for additional requirements. See also Section 11.4.25.010.0: Interior Signs. M. Barber Poles. Barber poles not exceeding 6 feet in height, located wholly on commercial private property and bearing no lettering. N. Newspaper Stands. Signs, that are part of newspaper stands, provided the sign area does not exceed 6 square feet. O. Decorative Holiday Displays. Noncommercial decorative holiday displays, provided that such displays are removed within 45 days of their installation. P. Bus Shelter and Bus Bench Signs. Signs on a public bus bench, public bus shelter, or any waste bin attached to a public bus bench or public bus shelter" which convey a commercial message as their primary purpose and that are . authorized by a contract or franchise agreement with the applicable transit agency. CITY OF SEAL BEACH MUNICIPAL CODE 131 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . i 11.4.25.015 Prohibited Signs The following types of signs, materials, designs, messages, and locations are prohibited: A. Banners, Streamers, or Pennants. Banners, streamers, pennants, and other signs made of lightweight fabric or similar material, or designed to rotate or move with the wind, except where expressly provided for in this chapter. See also Section 11.4.25.020: Temporary Banners. Notwithstanding any provision of this Chapter to the contrary, banners may be posted or otherwise affixed upon fences located at public schools. A permit shall not be required for such banners affixed upon fences located at public schools. B. Emissions. Signs that produce noise or sounds that can be heard at the property line, excluding voice units at menu boards, and signs that emit visible smoke, vapor, particles, or odor. C. Animated and Moving Signs. Signs which incorporate any manner of animation, flashing, moving, or intermittent lighting. Moreover, sign illumination shall not blink, flutter, or change light intensity, brightness, or color. Revolving, or other similar signs or signs with visibly moving or rotating parts or visible mechanical . movement of any kind, either adjacent to or as an integral part of the display are also prohibited. D. Signs Creating Traffic Hazards. 1. Signs located in such a manner as to constitute a traffic hazard or obstruct the view of any authorized traffic sign or signal device, or signs that may be confused with any authorized traffic sign, signal, or device; or which makes use of the words "stop," "look," "danger," or any other word, phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers in their use of roads. 2. Signs within 5 feet of a fire hydrant, street sign, or traffic signal if such placement could create a safety hazard. 3. Signs placed or fixed so as to create obstruction, interference, or injury to passerbys, residents, or occupants. E. Off-Premises Signs. Off premises signs, as defined in Chapter 11.6.05: Terms and Definitions, except signs on a public bus bench, public bus shelter, or any waste bin attached to a public bus bench or public bus shelter which convey a commercial message as their primary purpose and are authorized by a . contract or franchise agreement with the applicable transit agency. CITY OF SEAL BEACH MUNICIPAL CODE 132 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . F. Roof Signs. 1. Attached signs that extend above the roof line or parapet (whichever is higher) of a building with a flat roof. 2. Attached signs that extend above the eave line of a building with a sloped, gambrel, gable or hip roof. 3. Attached signs that extend above the deck line of a mansard roof, whether real or simulated. 4. Signs on rooftop structures, such as penthouse walls or mechanical enclosures. . 5. However, signs that do not extend above the eave line of a sloped, gambrel, gable, or hip roof, that do not extend above the deck line of a mansard roof, that do not extend above the parapet (or the roofline if no parapet is present) of a flat roof are permitted subject to the standards of Section 11.4.25.025: Signs - Commercial, Mixed-Use, and Other Non-Residential Districts. See Figure 11.4.25.015.F: Roof Signs. Figure 11.4.25.015.F Roof Signs Prohibited Sign Parapet Prohibited Sign . . " Roor "6In. .. ..._.... Allowable Sign Allowable S'1gII " Side section Front elevation Signs on sloped roofs. mansard roofs, and parapets are allowed below the roof line. G., Signs in Right-of-Way. No sign, or supporting sign structure, may be . erected in the public right of way, with the exception of: CITY OF SEAL BEACH MUNICIPAL CODE 133 TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 1. Legal notices which are required by law to be placed upon public property to provide notice to the public; 2. Signs erected by a governmental body to promote public safety or direct or regulate pedestrian or vehicular traffic; 3. Public holiday lights and displays; 4. Signs and banners posted by the City above streets or attached to lamp posts or utility poles, which promote City-sponsored events; 5. Commercial signs on public bus benches and public bus shelters, which convey a commercial message as their primary purpose, as specifically authorized by a contract or franchise agreement with the applicable transit agency; 6. agency; and Noncommercial bus stop signs erected by a public transit 7. Projecting signs that are attached to a building and project over . the public sidewalk but provide at least 8 feet of clearance above the sidewalk. See also Section 11.4.25.025.D.10.b: Projecting Signs. Any sign located in a public right of way or projecting over a public sidewalk shall be placed only in a manner consistent with standards promulgated by the City Engineer. S 11.4.25.020 Temporary Banners. In addition to any other signs permitted by this chapter, temporary banners are permitted on private property in the Limited Commercial/Residential Medium Density zone (LC/RMD), Professional Office (PO), Service Commercial (SC), Main Street Specific Plan (MSSP), and General Commercial (GC) districts as follows: A. Permit Requirement. A "Temporary Banner Permit" shall be obtained from the Director each time a banner(s) is to be displayed. A permit for a banner will allow 1 banner for each face of a building that fronts a street or parking area. The application fee for a permit to display a banner shall be set forth in the Master Fee Schedule. B. Banner Display Periods. Banners shall be permitted for a period not to exceed 90 days per calendar year. Banners shall not be displayed longer than 30 . CITY OF SEAL BEACH MUNICIPAL CODE 134 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS days in succession; with a period of not less than 14 days between the times a banner is displayed by the same property. C. Banner Size. The size of a banner shall not exceed 1 square foot per lineal foot of building frontage, or 30 square feet maximum. A banner for a business or organization fronting, or adjacent to, a street with a speed limit of 35 miles per hour or more shall be permitted an additional 0.5 square foot per lineal foot of frontage, not to exceed 45 square feet total for the banner. D. Day Glow Colors Prohibited. No banner utilizing luminescent/day glow colors may be installed. E. Not Substitute for a Permanent Sign. The posting of a temporary banner shall not substitute for a permanent sign. F. Obstruction Prohibited. A banner(s) shall be permitted only if its display does not obstruct the view of any adjoining buildings, or any signs, permanent or temporary, connected with adjoining buildings. G. Allowable Locations. Banners shall be permitted to be mounted on the fascia or wall only. Banners shall not be permitted on the roofs of buildings or over a public right-of-way, excepting on legally permitted overhangs of the public right of way when the banner provides a minimum head clearance of 8 feet. H. Banner Maintenance. Banners shall be tightly secured. Torn or damaged banners shall either be immediately replaced or removed entirely. I. Banner Removal. The applicant shall bring the banner to the City for review in conjunction with the application form. The removal date shall be affixed/marked to the banner by the Director. If the removal date of a banner is removed or otherwise tampered with the banner permit shall be deemed expired and the banner shall be immediately removed. J. Fee Exemptions. Fees for temporary banner use shall apply to commercial signs only. A noncommercial banner, on private property (Le. a Red Cross blood drive, etc.) shall be exempt from the application and deposit fees set forth above. K. City Sponsored Banners. This section shall not apply to City sponsored banners hung over public rights-of-way. See Section 11.4.25.025.0.6: City Sponsored Banners, below for regulations. CITY OF SEAL BEACH MUNICIPAL CODE 135 TITLE 11 - ZONING PART IV: REGULA nONS APPL YING IN SOME OR ALL DISTRICTS . 111.4.25.025 Signs - Commercial, Mixed-Use, and Other Non-Residential Districts. The regulations of this section apply to signs located in commercial, mixed- use, public/semipublic, open space, and any other non-residential districts. A. Allowable Signs Per Commercial Activity and Per Shopping Center location - lC/RMD, PO, MSSP, SC, GC, lM and OE Districts. The aggregate area of all signs on a single building activity and at a shopping center, excluding exempt signs pursuant to Section 11.4.25.010: Exempt Signs, shall not exceed the following standards. 1. Temporary Noncommercial Signs. Temporary noncommercial signs that do not exceed an aggregate surface area of 25 square feet per lot, up to 4 per lot. Signs posted on a building face or in a window shall not exceed 36 inches by 48 inches in size. Temporary Noncommercial signs shall be removed or replaced within 60 days of placement. 2. Shopping Center Identification Signs. For each shopping center, identification signs are permitted as follows: . a. One free-standing or pole identification sign containing the name and logo of the center. Sign not to exceed 15 feet in overall height and not to exceed 60 square feet on 1 face of a double-faced sign. b. One monument sign not to exceed 10 square feet in area and not to exceed 4 feet in height at each traffic entrance to the center, in no case shall more than 4 monument signs be placed in any shopping center. 3. Commercial Business Activity Signs. Each commercial activity may have signing identifying the activity on the premises as follows: a. One sign per building face which is visible from streets or parking lot area. Such sign to be fascia or wall sign. b. Size of fascia or wall sign shall be 1 square foot per lineal foot of building face, not to exceed 100 square feet per sign. c. In lieu of 1 or more fascia or wall signs, 1 free-standing or pole sign not to exceed 15 feet in overall height may be erected on the parcel or building site on which the building is located. Maximum size of sign shall not exceed 60 square feet per face of a double faced sign. d. In case of buildings having less than 25 linear feet of frontage on a street, 25 square feet of signing is permitted. e. In cases where a business is located on a street with a speed limit of 35 mph or more, a free standing sign or larger fascia or wall sign will be permitted. The larger may be an additional 0.5 square foot per lineal foot of build- . CITY OF SEAL BEACH MUNICIPAL CODE 136 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS ing frontage not to exceed 80 additional square feet. (See subparagraphs a, b, c, above). The maximum sign area per sign of 100 square feet does not apply in this case. f. No more than 2 items of information will be permitted per sign. An example of one item of information would be the name of the business, specialty item, unique service, etc. 4. Provisions Not Applicable with Adopted Planned Sign Program. When property falls under an adopted planned sign program the above provisions do not apply. B. Special Situations - Sign Area Calculations. In the special situations listed below, sign area is calculated as follows. 1. Sites with Multiple Frontages. On sites with more than 1 frontage on a public street, maximum permitted sign area shall be calculated as follows: a. Where an interior lot fronts on 2 streets (a "through lot"), both the front and rear lot lines may be used for calculating the allowable sign area. b. Where a lot has 3 or more frontages on a public street, the length of only 2 contiguous sides, 1 of which shall be the principal street frontage, shall be added together to determine allowable sign area. 2. Multiple-Occupancy Commercial Sites with Limited Frontage. Where a commercial site for which a master sign program is required pursuant to Section 11.4.25.045: Procedures for Sign Approval, has a land area in excess of 2 acres and public street frontage equal to 20 percent or less of the perimeter measurement of the site, the maximum allowable sign area for the site may be calculated as 1 square foot of sign area per 1 lineal foot of public street frontage, plus 1 lineal foot of exterior building walls fronting on driveways and parking lots that are generally used for public access and are located on the same site. Pedestrian-only passageways that are lined on both sides by building walls shall be considered interior spaces, and the area of signs on such walls shall not be included in the calculation of the maximum allowable sign area for the site. C. Permitted Sign Types. Permitted sign types are listed in Table 11.4.25.025.A: Standards for Signs in Commercial, Mixed-Use, and Other Non- Residential Districts and defined in Chapter 6.05: Terms and Definitions, under "Sign Types." The signs erected on a site may be any combination of permitted sign types, subject to the limitations for individual sign types listed in this Section and any other provisions of this Chapter. CITY OF SEAL BEACH MUNICIPAL CODE 137 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . D. Standards for Specific Sign Types. Signs shall conform to the standards listed in Table 11.4.25.025.A: Standards for Signs in Commercial, Mixed- Use, and Other Non-Residential Districts, as well as any additional standards. , ",'" : i':,:,?~:>":~":";'~ ,,'>~.,;-:'~, ;.' '~: 'TABLE ;~"'1'4:'25 02S"A')/:'" ,"'<. ," i;,. ',> .. <, ,,',':'" '':;''::,1 : ,~":",, ,~,;^,' "'>~":. ',;~ ,:~"-:'. ", ,,~, '. ':',:~,<:::",~ ..,<,'...,'?:., :::;':~,~\ <';: ;,: ':;;:~;""<,, '::~;'.!~~I:\:': .,~: ST A'NDARDS FOR 'SIGNS lN' 'COMMERCIAL, MIXED-USE~ ,A:ND,OTH'ER 'NON';;'~, :::, :;\:::: ..,.:~t,':"r.."~:~':','.i :(.,i::' :~..,: ",', RESiDENT:IALDJSTRIClS~:; 'J< ,:, ~;,,' >:.,' ~":> ,',: ,'..{.",";;'-:'.""', ,: :~:' ':::',:'> ~,::,?,~~'~'?:.~."'.:""'-:. ::",:'<...: .,.'\,.~ ...., ',- ':::' ,';. ....;.... ..../' . s.:; ~.;'. ~"~.'. "';> , ',,:", ;:.:.... .:/:'.: I- .' ~ >.-",,:~..?>:.~:';'. ::: ">;~~"":~~::' ':':~. F~",:: ,':y, ,;" ';,:' " ,',:"'~t":;':i~'::::\\", HNi~~lfu~'" ',,:: ',"D':,i~,:,,,::~~i\;' ,"'" '", ". ," ' , .:;.",', Maximum:", "':' ~,';: '.' ,.." ,orlZo,nta., , ' .,', ~ .' " ", l ~ ". ..Maximum"! 'A : ,'..:".. iii.'" ..":': ..,', >- Projection; "Additional, " ': sig~' Type:: ",~ :::' N~'mber :, ',: ':"1' dr~~d'P!!~'1 ", > :..- 'Hax,~mhUt~'~;;" :, f'r' 0" 'm ,Wall": '. 'Reg~'latio~~', ,', '. ,." P .tted . n IVI ua " ,,' elg , ~' (8 ' 'b t." ') :..., ,", ,,',.. erml .j'.., '; " ',~,:,,:~':- "..' ,",' ~ ",:~, ' ",: "', U seclon: . ,';;: ." ":.,;;,'. .....<: Slg~< . '~<:{;,<:<;~\~id~}:."";)~{' Note: With limited exceptions. the maximum permitted aggregate area of all signage on a site is 1 square foot of sign per lineal foot of building frontage. per subsection 11.4.25.025.A. Wall Sign 1 per building wall. Maximum of 2 per site Projecting Sign located below canopy or awning not located below canopy or awning Freestanding Sign Pole Sign See Section 11.4.25.025.A and Section 11.4.25.025.8. Roof line 12 in. (8)(10) . 1 per street frontage See below See below See below (1)(8)(10) 6 sq. ft. Roof line 5 ft. (1 )(8)(1 0) 1 0 sq. ft. 20 ft. 5 ft. (1)(8)(10) See below 1 for each site with over 100 feet of lot width 60 sq. ft. 15 ft. NA (2)(8)(10) I . CITY OF SEAL BEACH MUNICIPAL CODE 138 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS :.: ' . " : . .. . ' . ..... . " . .: .." U; ~'Y"~ .. '... ,,:- '; ~.: .<1. .- : " , ,.y .,~~~~:}, ';:,H :'~'< ~?> 'T~.~,~~:~'~"~.~~.'O~~~~ :(9~~ti'!>~~~:::~C~:.".... ' :.; ;',,', ":', , , STAND~RDS 'FOR 'SIGNS'lN' :COMM~RCIA~, ,MIXED~,U.SE,.'ANP, OTHER NON- , :> :':, ':':,>,'~ ,'",' ;:" ':, RESIDENTIAL DISTRICTS':!, ~,"_:,< >:" :>:, " ":' " " ..' '~~.,'" ....< "',: ....: v: }:. ,,:. . " . .... .". . .:......~~. ~. ',' ,',- ,;' ';,;,::,,:,~';<~':': -..:' ~; ,:,:, ", ': : :: '~~'i~~i':; ,: ';::'}' '::'::':, >- ,'f..';-, ~ :"~:~::=I: " :'--:,:..,' '. '~,~, :" 'i~ ,', ':-:. >: 'i,;:~,~;" ' Niaxi~ur,,; ::' , ',,: A" " .:", '-:'. M:' 'a: x' '..m' "u: m:' ;'" 'Pro.le" c't'.o'n ,,' ",Addit.o'nal" ',-,..,', ,'....".' reaper,', ' ";I'" ',,' " Sign Type" ' Num'b~r: "i d' 'd ' .,,',: ,'- 'Height',' , from Wall" ': ':Regu'lations.,' <::;.: , ' . ,:;' :~ ,,,: t:'e'~,i,.~.: ">: ': ~ ,~i~n u~ ':> ", ' ,,'..:'.,,' ~ :' , ; "<:.': ',,' '. "or~:, >-:' :"'. ",'(~u~ecti,orij~ " ';.;: :" ,.-' :' :": " : <'-.r~;:', " ,:--::' , ::. ' ,,' ,,' ":,;'" ',..: Supp'orting: ~','~' ~: ' ,." :'", . ....' .' '" "~', '::::' ,.' ,,,,, ,,', ", , ,'}::, Structure ':' ,~ ,::," "'::;:;'-,:':~,:: Note: With limited exceptions, the maximum permitted aggregate area of all signage on a site is 1 square foot of sign per lineal foot of building frontage, per subsection 11.4.25.025.A. Freestanding Sign (Continued) Monument Sign Roof Sign On Flat Roof On Sloped, Gambrel, Gable, or Hip Roof On Mansard Roof (real or simulated) Awning or Canopy Sign Maximum 4 per site with over 100 feet of lot width 1 per building 1 per building 1 per building 1 per awning; Maximum 3 awning signs per tenant/use See below 60 sq. ft. 5 ft. (2)(8) (10) See Section 11.4.25.025.A and Section 11.4.25.025.8. See Section 11.4.25.025.A and Section 11.4.25.025.8. See Section 11.4.25.025.A and Section 11.4.25.025.8. Roof line or parapet (whichever is higher) (8) Eave line (8) Deck line (8) See Section 11.4.25.025.A and Section 11.4.25.025.8 Top of awning or canopy 6 in. (3)(8) CITY OF SEAL BEACH MUNICIPAL CODE 139 TITLE 11- ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . " ':,,, , ", : ',~<'~;'~,:' .' ,; :;~;"rABLE,'1{4.25:025.A (Continued.) ,';.'!,':,.',' (: .~,!:~" '<< ~ .' :,s~~~b'A~DS FOR"~I~NS':'lN ,CO~ME~CIAL,' Mix~~~us~~ :;ANO' bi~~~ :~d~~'~:";~:i ~,>: :,:>~~'>~,';,<;):":: !:",'.:~/: ,: :, ~;.,: ,".~~,",,~':', ~,~Sfp~~jl~L,p:!~!~IC~~:/ :':',>.-,:',~>T :",:-:: :,';;', :~~ '<..'~,~YY); ,<, .."" '. '>'l: '.., ..':-:: ,', ',<, , ' '::"Maiiriluin::-, ,'" .': '... '~,',: f",:.,,' ,", ,:', "..,:', ., ""~'.": ! :t; : :Maxi'mum" ":' " '.. ':Y:-:.',',:. : :\'Horizonta..:;(',,:,:' ':: ~,'.,'::(-~:'::', '.~ " ,',' .:.;::. , , Maximum' A .", " ,',Mu.muri:i:"',., Proiection :'; ,:',Addltl~ma'l ' Sign Ty' pe .." Numbe "\ rea per ',~ I" , '. " . '" ,', R It", ,,_,,~: " ,:: ',' ::---: , . r" .. 'Individual' "~: ::, Height,' '!;:~:' 'fro~ VVall' '.'$': egu ~ ,~pns,: ,"~':"~~:'." Permitted ,",,', "'5. ',', > ':':'",,:' '" :"':, ,,',.,., , ,',~'::'or, '" ,',' (Subs~ct,oI1L .' .";,:;;, .;' ,<'.; ;~,~:X~-?:. ~l ;' !ll~<; ~~'" .' '; ;:'\:;;:.~s=~~ '5;', ,':), .:: Permanent 10% - 20% of Limited to first Window N/A window area and second N/A (4)(10) floor windows . Marquee Sign 1 per building See Section 11.4.25.025.A and Section 11.4.25.025.8. Roof line, or up to 6 feet above roof line with Administrative Use Permit approval. 6 in. (5) Portable A- Frame Sign City Sponsored 8anners Flags 1 per tenant/use Subject to Director approval. 8 sq. ft. (6) . (7) 1 per lot frontage 12 sq. ft. If on flag poles, 40 ft. maximum and not less than 12 ft. N/A (9) 1. Projecting Signs. a. Minimum Clearance. Projecting signs shall be located a minimum of 8 feet above grade. b. Encroachment Permit. No sign shall project into any public right-of-way unless the Director of Public Works shall have first issued an encroachment permit therefor. 2. Freestanding Signs. a. Minimum Setback from Property Line. Freestanding signs must be set back a minimum of 5 feet from any property line. . CITY OF SEAL BEACH MUNICIPAL CODE 140 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . b. Limitations in Driveway Median. Freestanding signs erected in a median within a driveway shall be set back a minimum of 5 feet from the face of the curb surrounding the median, or from the edge of adjacent pavement where no curb exists, and shall not interfere with driver visibility. 3. Awning or Canopy Signs. a. Location. Awning and canopy signs are permitted only on the first and second floor of buildings. Awnings and canopies shall not cover transom windows or historic building elements. Awnings and canopies shall be aligned with windows and entries. b. Minimum Clearance. Awnings and canopies shall be located a minimum of 8 feet above grade, measured from the lowest structural element of the awning or canopy. c. Non-Functional Awnings or Canopies. Awnings and canopies that project less than 2 feet from the building faoade to which they are attached, or do not overhang a sidewalk or pedestrian walkway, are considered non- functional awnings or canopies. When signage is attached to or incorporated into non-functional awnings or canopies, the entire surface area of the face of the awning shall be considered the sign area. . 4. Permanent Window Signs. Permanent Window signs are permitted subject to the following standards: a. Permanent window signs shall not exceed 10% of the area of each window. b. No window sign shall be displayed above the second story. c. Permanent window signs shall be limited to individual letters placed on the interior surface of the window and intended to be viewed from the outside. White, black or gold leaf paint are recommended colors. Glass-mounted graphic logos may be applied by silk screening or pre-spaced vinyl die-cut forms. d. Interior Permanent signs within 3 feet of a storefront window shall be counted as a permanent window sign. e. Permanent Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. f. Permanent window signs shall not be illuminated. . 5. Marquee Signs. a. Uses Allowed On. Marquee signs are allowed for theaters, cinemas, stadiums, auditoriums, or other public assembly facilities. b. Height Subject to review and approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, a vertically-oriented marquee sign may project up to 6 feet above the roof line. The Director shall only approve a marquee sign extending above the roofline if he finds that the marquee sign is architecturally integrated with the building. CITY OF SEAL BEACH MUNICIPAL CODE 141 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS c. Lighting. Notwithstanding any other provision of this Chapter, a marquee sign may include changing lights, subject to review and approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. 6. Portable A-Frame Signs. a. A Portable A-Frame Sign is only permitted where building frontage is located within 10 feet of a public sidewalk. b. A Portable A-Frame Sign shall be located so as to allow at least 6 feet clear for pedestrian passage along a pedestrian walkway and shall not be located on public property. 7. City Sponsored Banners. a. City-issued banners that identify the City or specific commercial districts or promote City-sponsored events may be posted by the City above streets or attached to lamp posts or utility poles. b. Banners shall be anchored on at least 2 opposite sides and shall be attached to light poles or similar permanent structures. c. Banners located in the right of way shall be placed only in a manner consistent with standards promulgated by the City Engineer. 8. Signs - Automobile Service and Repair Stations. a. Total signing for subsections b, c, e and f shall not exceed 150 square feet of area. b. A free-standing identification signs not to exceed 20 feet in overall height and not to exceed 80 square feet in area or a monument sign not to exceed 5 feet in overall height and not to exceed 60 square feet in area. c. Fuel price signs not to exceed 3 feet by 4 feet in size and not to exceed 15 feet in overall height; minimum height 8 feet. Fuel price signs shall comply with the requirements of the State Business and Professions Code. d. Information signs (self-service, full-service, etc.) not to exceed 24 inches by 24 inches in size and 2 per pump island. Signs required for safety and required by other governmental agencies shall be reviewed by the Director for consistency with the intent of this section. e. Two promotional banners, each not to exceed 20 square feet per face, may be located on the building structure on the premises. f. Advertising signs not related to motor vehicles shall not exceed 50 square feet in area and shall be attached to the building or permanently mounted sign structure. g. In addition to any other applicable design criteria, signs for service stations shall only be approved if the review authority finds that the proposed signs are in architectural harmony with the total service station design theme. CITY OF SEAL BEACH MUNICIPAL CODE 142 . . . . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 9. Flags. a. Each use may display a total of 1 flag per lot frontage. b. No flag displayed pursuant to this subsection shall exceed 12 square feet in area unless approved through an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. c. Fltilgs shall be suspended from flagpoles at a height of not less than 12 feet or more than 40 feet. d. Flags poles and related structures designed to display a flag require a building permit, and must comply with other regulations of the applicable zoning districts. 10. Main Street Specific Plan District Additional Requirements. Within the Main Street Specific Plan district the following additional sign requirements apply. a. Courtyard Signs. Courtyard signs are permitted subject to the following standards: i. Where businesses face a courtyard, and do not directly face Main Street, 1 single-faced or double-faced freestanding courtyard sign is permitted for tenant identification only, in addition to those on the building. ii. No part of the sign shall extend over public property or have a height exceeding 7 feet measured from the base at ground level to the apex of the sign. iii. The total area of the courtyard sign shall not exceed 0.5 square feet per foot of site street frontage or 20 square feet, whichever is smaller. iv. Placement shall conform with a minimum setback of 3 feet from a street property line, 2 feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. v. Each courtyard sign shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowable sign area. b. Projecting Signs. Projecting signs are permitted subject to the following standards: i. ii. Shall not exceed 4 square feet in area per side; Shall project no more than 4 feet from the wall to which attached; iii. Shall be located at least 8 feet but not more than 12 feet above grade; iv. Shall reflect the business by incorporating symbols or logos of the business; v. Shall have supports and brackets that are compatible with the design and scale of the sign; and vi. Shall not be internally or externally illuminated. CITY OF SEAL BEACH MUNICIPAL CODE 143 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS vii. Each ground-level occupancy frontage may have 1 such projecting sign if such sign is located near its primary entryway. Such sign shall be in addition to other signs allowed in Table 11.4.25.025-A: Standards For Signs In Commercial, Mixed-Use, And Other Non-Residential Districts, above. viii. No sign shall project into any public right-of-way unless the Director of Public Works shall have first issued an encroachment permit therefor. c. Monument Signs. One single-faced or double-faced freestanding monument sign is permitted subject to the following standards where the face of the building is set back from the property line more than 15 feet: i. No part of the sign shall extend over public property or have a height exceeding 5 feet measured from the base at ground level to the apex of the sign. ii. The total area of the sign shall not exceed 0.5 square feet per foot of street frontage or 40 square feet, whichever is smaller. iii. Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself, with a minimum 2-foot wide base for the monument sign itself. iv. Placement shall conform with a minimum setback of 3 feet from a street property line, 3 feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. v. Landscaping with automatic sprinklers shall be . provided at the base of the supporting structure equal to twice the area of 1 face of the sign, or 75 square feet, whichever is greater. vi. If the sign is to be lit, all lighting shall be from . internal illumination. vii. Each monument sign shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right-of-way. Address plates shall not be calculated against the allowable sign area. d. Restaurant Menu Signs. Restaurant Menu Signs and similar display box signs are permitted subject to the following standards: i. Shall be located in a permanently mounted display box on the surface of the building adjacent to the entry. ii. The allowable area shall be a maximum of 6 square feet and shall be limited to the size of 2 pages. iii. Such sign shall be compatible with the scale, colors, and materials of the storefront. iv. Such sign shall not be used for additional business identification or additional signage. v. Such sign shall not be included in the sign area calculation for the business. e. Permanent Window Signs. Permanent Window signs . are permitted subject to the following standards: CITY OF SEAL BEACH MUNICIPAL CODE 144 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . i. Permanent window signs shall not exceed 20% of the area of each window. ii. No window sign shall be displayed above the second story. Hi. Permanent window signs shall be limited to individual letters placed on the interior surface of the window and intended to be viewed from the outside. White, black or gold leaf paint are recommended colors. Glass- mounted graphic logos may be applied by silk screening or pre-spaced vinyl die-cut forms. iv. Interior Permanent signs within 3 feet of a storefront window shall be counted as a permanent window sign. v. Permanent Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. vi. Permanent window signs shall not be illuminated, except for neon signs illuminated in compliance with Section 4.25.025.D.10J.vi, below. f. following standards: Neon Signs. Neon signs are permitted subject to the . i. Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and shall be designed to accommodate a dimmer in order to reduce the brightness of the neon. ii. Underwriters Laboratories. iii. The neon manufacturer shall be registered with Neon tubing shall not exceed 0.5 inches in diameter. iv. Neon lighting adjacent to residential uses shall not exceed 0.5 footcandle measured at the property line. v. Neon tubing shall not be combined with any reflective materials (e.g., highly-glazed tiles, mirrors, polished metal), or other similar material. vi. Interior neon signs placed within 5 feet of a storefront window shall have a transparent background and shall be counted as a permanent window sign. g. Temporary Window Signs. Temporary window signs are permitted subject to the following standards: i. Combinations of permanent and temporary window signs shall not cover more than 30 percent of any window (50% during December). ii. No more than one temporary window sign is allowed per window. . iii. Commercial temporary window signs shall not be posted, more than 3 times per calendar year. iv. Commercial temporary window signs shall not be CITY OF SEAL BEACH MUNICIPAL CODE 145 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS posted more than 30 days for each period. v. A Temporary Sign Permit approval is required to post commercial temporary window signs. h. Sign Illumination. Sign illumination is subject to the following standards: i. Internal illumination is permitted on monument signs, channel letters and channel logos only. ii. Signs without channel letters and channel logos shall only be externally illuminated. iii. The permitted range of sign illumination shall be between 5 and 20 candelas per square foot of sign area, except for business properties that have property frontage on Pacific Coast Highway where a maximum of 70 candelas/square foot is permitted. iv. Lighting shall be energy efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and pUblic rights-of way. No lighting on private property shall produce an illumination level greater than one (1) footcandle on any property within a residential zoning district except on the site of the light source. v. A luminance report shall be prepared by a licensed engineer and submitted to the Director within 90 days of the installation of any internal or external illuminated sign indicating compliance with subsections (3) and (4), above. Such report shall include the method of measurement, results of such measurement, and, if the measurement exceeded the provisions of subsection (3) above, the actions taken and resulting measurement information to achieve compliance with such subsection (3). i. Outlining of Buildings or Components. Outlining of buildings or components of buildings (i.e., doorways, windows, rooflines, architectural features, etc.) by string lighting shall not be considered sign illumination, but shall be approved through the Administrative Use Permit process pursuant to Chapter 11.5.20: Development Permits. See also Section 11.4.25.010: Exempt Signs; Subsection 0: Decorative Holiday Displays. j. Additional Review. Additional review is required as set forth below: . . i. A Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, shall be required for the signage for a new structure, or a conversion of an existing structure into separate tenant spaces, that will establish or create 2 or 3 separate tenant spaces. In making its determination, the Commission shall consider such factors as the size, location and design of the proposed signs; the type of businesses to which the signs will pertain; the architectural character of the site and surrounding buildings; and the type of other permitted signage in the vicinity of the site. ii. A Planned Sign Program shall be required for the signage of a new structure, or a conversion of an existing structure into separate . CITY OF SEAL BEACH MUNICIPAL CODE 146 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS tenant spaces, that will establish or create 4 or more separate tenant spaces, pursuant to Section 11.4.25.045: Procedures for Sign Approval, and Chapter 11.5.20: Development Permits. iii. When property falls under an adopted planned sign program, the above subparagraphs 10.a through 10.i, above, and the provisions of Table 11.4.25.025.A: Standards for Signs in Commercial, Mixed-Use, and Other Non-Residential Districts, do not apply. E. LM and OE Districts. The following signs are permitted in the LM and DE districts: 1. All signing permitted in Table 11.4.25.025.A: Standards for Signs in Commercial, Mixed-Use, and Other Non-Residential Districts, with the same restrictions for Wall, Freestanding, and Awning or Canopy Signs. 2. For each industrial complex or industrial park, 1 monument sign not to exceed 10 feet in height and not to exceed 100 square feet per face shall be permitted at the entrance of a dedicated street. Such sign shall identify the industrial complex or industrial park. 3. In the DE district 1 monument identification sign on each dedicated street shall be permitted. Such sign shall not exceed 8 feet in height and shall not exceed 40 square feet per face and the sign shall identify the facility and company operating the site. F. RG District. The following signs shall be permitted in the RG district: 1. Monument or ground signs containing the name of the facility. Such sign not to exceed 60 square feet per face or exceed 6 feet in height. One sign shall be permitted at each entrance to the facility from a dedicated street. G. Substitution of Sign Message. Any of the Permitted Sign Types authorized by this Section, with the exception of signs placed at public bus benches and bus shelters and City banners, may contain non-commercial copy in lieu of any other copy. S 11.4.25.030 Signs - Residential Districts. The regulations of this Section shall apply to all residential districts, as well as Residential Uses located in non-residential zones. A. Permitted Signs. In addition to the exempt signs listed in Section 11.4.25.010: Exempt Signs, the following signs are permitted in residential zones: CITY OF SEAL BEACH MUNICIPAL CODE 147 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 1. Subdivision Identification Signs. A subdivision in a residential district shall be permitted to display a subdivision identification sign or signs not exceeding 25 square feet in aggregate area. Such sign(s) must be attached to a wall, fence, or gateway structure, and integrated with the design of the structure. Larger signs may be approved by Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. . 2. Flags. Each Site may display a total of one I flag per frontage. No flag shall exceed 12 square feet in area or contain commercial copy. 3. Commercial Signs. One sign indicating the presence on the property of an approved use subject to Chapter 11.5.20: Development Permits. Such sign shall not exceed 12 square feet in area, unless a greater area is specifically approved by the decision-making authority as part of the use permit approval. B. Illumination. No sign governed by this Section shall be internally illuminated. S 11.4.25.035 Temporary Signs. A. Temporary Noncommercial Signs - Residential Districts and . Uses. Up to 4 temporary noncommercial signs, each no larger than 6 square feet in area, are permitted per dwelling unit. Notwithstanding the foregoing, no more than 4 such signs are permitted to be located in the front yard or street-facing side yard of any residential property, whether single-unit, two-unit, or multi-unit. Temporary Non- Commercial Signs may be attached to freestanding sign structures no more than 5 feet in height, building walls, or fences. Temporary noncommercial signs must be removed or replaced within 60 days of placement. B. Large Distributions. Any person wishing to distribute more than 50 Temporary Noncommercial Signs to property owners in the City must first apply for and receive a permit from the Director. The permit application shall contain an actual-sized prototype of the sign and the name, address, and telephone number where the applicant may be reached by the Director or Police Chief or the respective deputies responsible for the enforcement of these provisions. The permit application shall be approved unless the sign does not meet the requirements set forth in this Chapter. The decision to grant or deny a permit shall be made within 1 business day after submission of the application. One permit shall govern all signs of each type distributed to property owners in the City. C. Temporary Non-Commercial Signs - Commercial, Mixed-Use and Other Non-Residential Districts and Uses. Temporary Non-Commercial Signs meeting the requirements of this Chapter are permitted in commercial, mixed-use, . CITY OF SEAL BEACH MUNICIPAL CODE 148 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS and other non-residential districts. Temporary Non Commercial Signs must be removed or replaced within 60 days of placement, and each sign shall not exceed 32 square feet in sign area. For properties not subject to a Master Sign Program, the maximum number of Temporary Non-Commercial Signs per property at a time shall be 4 signs. D. Temporary Commercial Signs: Permit Required. Temporary Commercial Signs meeting the requirements of this Chapter may be displayed with a permit from the Director on non-residential properties in Commercial and Industrial zones. Temporary Commercial Signs shall be displayed for a period of time not to exceed 30 days, or a shorter period determined by the Director based on the length of time of the use or activity, or as specified by this section. The provisions contained in Section 11.4.25.045: Procedures for Sign Approval, shall apply to Temporary Commercial Signs. No more than 1 Commercial Temporary Sign shall be permitted and no such sign shall be more than 32 square feet in sign area. A maximum of 3 such signs may be permitted on any site per year. E. OwnerlOccupant Consent Required. No Temporary Commercial Sign shall be placed, erected or maintained without the authorization of the property owner or occupant. F. Off-Premises Signs Prohibited. All Temporary Commercial Signs shall be On-Premises Signs. S 11.4.25.040 General Provisions for All Sign Types. A. Calculation of Sign Area. The area of an individual sign shall be calculated as follows. 1. Single-Faced Signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of single-faced signs is illustrated in Figure 11.4.25.040.A.1: Calculation of Sign Area. CITY OF SEAL BEACH MUNICIPAL CODE 149 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . Figure 11.4.25.040.A.1 Calculation of Sign Area Sian Area ~ Hol&ht "Width Il ~JD II I' ~mft 'I I ~mft I '" J -...-..--n;;:-...--------.-..-.-------..-: t Ice llll~lID1ID~TI! t I I -LLIl~:[tu:~rr~---, Ti-..---.-----OW----------j Ibt~~~ I. ~mft -I I' ~mft T f.-.''''-''-'-' '-.------1 i i i ': I i . " ' :J: 1 ~~----1 . I~ ~- ~ I. WMlth .1 Will'" ..-J..-......\ ' r-.C=:-'..-"--'.-." \. -, \ \ . \ \ Angled '. ~\~.I~ ~\'~ T II ------.-....-------1 Odd Shape It - .\ III I' . CITY OF SEAL BEACH MUNICIPAL CODE 150 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 2. Double-Faced Signs. Where 2 faces of a double-faced sign are located 2 feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area shall be computed as the area of 1 face. Where the 2 faces are not equal in size, the larger sign face shall be used. Where 2 faces of a double-faced sign are located more than 2 feet or 45 degrees from each other, both sign faces shall be counted toward sign area. See Figure 11.4.25.040.A.2: Measurement of Double-Faced Signs. Figure 11.4.25.040.A.2 Measurement of Double-Faced Signs < II .f Where distance between faces does not exceed 2 feet and interior angle does not exceed 45., total sign area = Face A or Face B. whichever Is larger. III II '.f , H 3. Multi-Faced Signs. On a 3-faced sign, where at least 1 interior angle is 45 degrees or less, the area of 2 faces (the largest and smallest face) shall be summed to determine sign area. In all other situations involving a sign with 3 or more sides, sign area shall be calculated as the sum of all faces. 4. Three-Dimensional Signs. Signs that consist of, or have attached to them, 1 or more three-dimensional objects (Le., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of all areas using the 4 vertical sides of the smallest cube that will encompass the sign. See Figure 11.4.25.040.A.4: Measurement of Three-Dimensional Signs. CITY OF SEAL BEACH MUNICIPAL CODE 151 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Figure 11.4.25.040.A.4 Measurement of Three-Dimensional Signs . Tocd sign area = Sum ofall yertical sign faces of smallest cube encompassing the sign. I . . I I . I I I I . I . ......1 ............. ........................ B. Materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 60 days. Fabric . signs shall be restricted to City Banners, Awning Signs, and Temporary Banners permitted pursuant to Section 11.4.25.020: Temporary Banners, above. C. Illumination. The illumination of signs, from either an internal or external source, shall be designed to avoid negative impacts on surrounding rights- of-way and properties. See also Section 11.4.10.020.A: Lighting. The following standards shall apply to all illuminated signs: 1. External light sources shall be directed and shielded to limit direct illumination of any object other than the sign; 2. Sign lighting shall not be of an intensity or brightness that will create a nuisance for residential properties in a direct line of sight to the sign. D. Illumination, Main Street Specific Plan District. The illumination of signs within the Main Street Specific Plan District shall comply with the following standards. 1. Internal illumination is permitted on monument signs, channel letters and channel logos only. 2. Signs without channel letters and channel logos shall only be . externally illuminated. CITY OF SEAL BEACH MUNICIPAL CODE 152 . . . TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 3. The permitted range of sign illumination shall be between 5 and 20 candelas per square foot of sign area, except for business properties that have property frontage on Pacific Coast Highway where a maximum of 70 candelas/square foot is permitted. 4. Lighting shall be energy efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights-of way. No lighting on private property shall produce an illumination level greater than 1-footcandle on any property within a residential zoning district except on the site of the light source. 5. A luminance report shall be prepared by a licensed engineer and submitted to the Director of Development Services within 90 days of the installation of any internal or external illuminated sign indicating compliance with subsections 3 and 4, above. Such report shall include the method of measurement, results of such measurement, and, if the measurement exceeded the provisions of subsection 3 above, the actions taken and resulting measurement information to achieve compliance with such subsection 3. E. Changeable Copy. Changeable copy shall cover no more than 20 percent of the total sign area, except for the following uses which are allowed up to 75 percent of sign area to be changeable copy: all public and civic uses, indoor theaters, other public assembly uses, and fuel price signs. F. Code Compliance. Signs erected, installed, located or maintained in the City must comply with all applicable structural provisions of the most recently adopted versions of the Uniform Sign Code, California Building Code, and California Electrical Code adopted by the City. 111.4.25.045 Procedures for Sign Approval. A. Director Review Required. The erection, installation, alteration, enlargement, or relocation of all signs shall be approved by the Director unless otherwise stated in this Chapter. Specifically, Planned Sign Programs shall be reviewed and approved through the Conditional Use Process pursuant to Chapter 11.5.20: Development Permits. B. Minor Alterations Excepted. The changing of changeable copy, or the replacement of sign copy or sign face where the materials, copy and background color, and copy size are the same as the existing sign they replace, is not deemed an alteration and is only subject to Director approval. CITY OF SEAL BEACH MUNICIPAL CODE 153 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS C. Findings. The approval authority will not approve an application for a sign unless it finds that the proposed sign or signs are aesthetically compatible with the surrounding area, considering such factors as the proposed size, location and design of the sign(s), the type of business to which the sign(s) pertain, the architectural character of the building(s) on site, the architectural character of surrounding buildings, and the type of other permitted signage in the vicinity of the proposed sign. . D. Application - Individual Signs on Sites with Less than 4 Non- Residential Tenant Spaces. An application for a sign shall be submitted on a form provided by the Director and shall include detailed drawings to show the locations, dimensions, structure, colors, materials, fonts, and symbols of all proposed signs. The application shall indicate the area of each individual sign and the aggregate area of all existing and proposed signs on the lot, and demonstrate through drawings and/or calculations that all standards are met. The application shall be accompanied by a fee in the amount specified in the Master Fee Schedule. E. Planned Sign Programs. All commercial projects with more than 4 non-residential tenant' occupancies, all separately identifiable commercial building groups, and all construction and renovation projects involving more than 20,000 square feet must obtain approval for a Planned Sign Program prior to the installation . of any signs. 1. Permit Requirement 'Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to approve a Planned Sign Program. 2. Required Submittals. Applications for a Planned Sign Program shall include the following information: a computation of allowable area for all signs, the total number of proposed signs, the area of each individual sign as well as aggregate area of all signs on the site, the proposed height and dimensions of all signs, the location of each sign indicated on both a site plan and on typical building elevations, and drawings of generic sign types, including general information on materials and color schemes. An application shall also include a written program of standards for all sign types to be distributed to future tenants, including color, size, illumination, construction details, and placement of signs. 3. Findings. The Commission will only approve a Planned Sign Program if it finds that the program is aesthetically compatible with the surrounding area. In making this determination, the Commission shall consider such factors as the size, location and design of the proposed signs; the type of businesses to which the signs will pertain; the architectural character of the site and surrounding buildings; and the type of other permitted signage in the vicinity of the site. . CITY OF SEAL BEACH MUNICIPAL CODE 154 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 4. Consistency. After approval of a Planned Sign Program, no sign shall be contracted or installed except in conformance with the planned sign program, and such program may be enforced in the same way as any other provision of this Chapter. 5. Amendments. A Planned Sign Program may be amended through submission to and approval of a new Conditional Use Permit by the Commission. F. Conditional Use Permit for Exceptions to Standards. An exception to any standard of this Chapter regarding the size, dimensions, or height of individual signs, or the number of signs of a particular type, may be reviewed and approved through the Conditional Use Permit process of Chapter 11.5.20: Development Permits. No Conditional Use Permit for an exception to a standard shall be granted unless the Planning Commission finds that in addition to conformity with the required use permit findings in Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings, the proposal meets the following: 1. The project is consistent with the applicability of the sign regulations. See Section 11.4.25.005: Applicability, 2. The proposed signage is not excessive in relation to the size of the site or the size of signs in the surrounding area; and 3. The proposed departure from a standard is necessary in order to adequately identify businesses, or will result in a superior design solution given the characteristics of the site or buildings. 111.4.25.050 Maintenance and Administrative Removal of Signs. A. Maintenance of Signs. All signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. The display surfaces of all signs shall be kept neatly painted or posted at all times. All signs shall be subject to maintenance provisions as follows: 1. Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict signs following notification by the City and at the expense of such property. Where the written notification has been given by the City and compliance has not been met within the required 90 day period, the City may cause the removal of such signs with the cost for such removal to be attached to the property. CITY OF SEAL BEACH MUNICIPAL CODE 155 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 2. All signs shall be refinished to remove rust or other corrosion due to the elements and any cracked or broken faces and malfunctioning lamps shall be replaced within 90 days following notification by the City. 3. Signs erected, installed, located or maintained in the City must comply with all applicable structural provisions of the most recently adopted versions of the Uniform Sign Code, California Building Code, and California Electrical Code adopted by the City. 4. When a sign is replaced or removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure within 30 days of such replacement or removal. B. Administrative Removal. Signs may be removed by the City in accordance with the following procedures: 1. Illegal or Dilapidated Signs. If the Director finds that a permanent sign is in violation of this Chapter, or is in disrepair, deteriorated, including peeling paint, prohibited, abandoned, illegal, or is in violation of the California Building Code or any other laws and ordinances, he shall seek correction . of the violations as provided for in the Municipal Code. The Director shall inform the sign owner by a written notice that the sign is to be removed. 2. Safety Hazard or on Public Right-Of-Way. The City Engineer, or his designee, without giving notice, shall have the authority to authorize removal of any sign which: a. Poses an immediate threat to public safety; or b. Is displayed in violation of the provisions of this Chapter or other City ordinances on or over any public right-of-way. S 11.4.25.055 Legibility of Signs. Lettering on signs should be legible. Preferred character sizes for signs are: 'Minimum, Character 'Si~e (inch,es) , Intended Reading Distan~e (feet), :,,:- ,: 3.5 60 4.0 70 4.5 80 5.0 90 5.5 100 or more . CITY OF SEAL BEACH MUNICIPAL CODE 156 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.25.060 Materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 60 days. Fabric signs shall be restricted to City Banners, Awning Signs, and Temporary Banners permitted pursuant to Section 11.4.25.020: Temporary Banners. S 11.4.25.065 Changeable Copy. Changeable copy shall cover no more than 20 percent of the total sign area, except for the following uses which are allowed up to 75 percent of sign area to be changeable copy. A. All public and civic uses. B. Indoor theaters. C. Other public assembly uses. D. Fuel price signs. S 11.4.25.070 Historic Signs. A. Planning Commission to Designate. The Planning Commission shall designate existing signs as historically and/or architecturally significant and therefore exempt from the size and/or height provisions of this chapter. Any sign so designated shall be maintained in its original condition and inspected annually for structural or other defects which would render the sign unsafe. Any such sign found by the City to be unsafe shall be restored or removed within the time specified by the City. B. Permit Requirement. 1. Requests for such historic designation shall be approved by Conditional Use Permit pursuant to Chapter '11.5.20: Development Permits. 2. In considering an application for historic sign designation, the Planning Commission shall make the following findings, in addition to those required by Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings: a. The sign is of local, state or regional historic significance. b. The sign contributes to the architectural integrity of the building or use. The sign does not adversely impact the public health, c. safety, and welfare. CITY OF SEAL BEACH MUNICIPAL CODE 157 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS d. The sign is a minimum of 25 years old. 3. Any replacement sign for an historic sign shall require a current sign permit and all new signs shall comply with the current height and size requirements. 111.4.25.075 Illegal Signs. Any sign, banner, or sign structure not erected, constructed or located in conformance with this Chapter is an illegal sign and is subject to abatement in accordance with the public nuisance abatement procedures set forth in Title 7: Public Peace, Morals, and Welfare, Chapter 7.40: Nuisance Abatement. CITY OF SEAL BEACH MUNICIPAL CODE 158 . . . . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.30 Landscaping and Buffer Yards Sections: 111.4.30.005 111.4.30.010 111.4.30.015 111.4.30.020 111.4.30.025 111.4.30.030 111.4.30.035 111.4.30.040 111.4.30.045 111.4.30.050 Applicability Landscape and Irrigation Plans Areas to be Landscaped General Landscaping Standards Parking Lot Landscaping Standards Required Street Trees Landscape Installation and Maintenance Buffer Yards Water Efficient Landscaping Invasive Plant Species 111.4.30.005 Applicability. The provisions of this Chapter apply to all land uses as follows: A. New Projects. Each new multi-unit residential project consisting of 5 or more units and each new nonresidential project shall provide landscaping in compliance with this Chapter. All development projects, regardless of size, shall provide street trees in compliance with Section 11.4.30.030: Required Street Trees. B. Existing Development. The approval of an Administrative Use Permit, Conditional Use Permit, Variance, or other discretionary permit approval for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this Chapter. C. Timing of Installation. Required landscape and irrigation improvements shall be installed before final building inspection. The installation of landscaping for a residential project may be deferred for a maximum of 90 days in compliance with Section 11.5.10.070: Performance Guarantees. D. Alternatives to Requirements. The review authority may modify the standards of' this Chapter to accommodate alternatives to required landscape materials or methods, where the review authority first determines that the proposed alternative will be equally or more effective in achieving the purposes of this Chapter. CITY OF SEAL BEACH MUNICIPAL CODE 159 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS i 11.4.30.010 Landscape and Irrigation Plans. . A. Preparation by Qualified Professional. Each landscape and irrigation plan submitted in compliance with this Chapter shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the Director to be qualified, based on the requirements of State law. B. Information Required. For all projects for which landscaping is required, a landscape and irrigation plan shall be submitted as part of the permit application. A landscape and irrigation plan shall be drawn to scale and shall at a minimum indicate: proposed plant locations, species, and sizes; any additional landscape features; proposed irrigation systems; and any measures to facilitate plant growth or control erosion. 1. Preliminary Landscape and Irrigation Plan. A Preliminary Landscape and'lrrigation Plan shall be submitted as part of each application for new development, or the significant expansion (e.g., 25 percent or more of floor area), or redevelopment of an existing use, as determined by the Director. The Preliminary Landscape and Irrigation Plan may take the form of the information required by Subsection B. being shown on the site plan for the project. . 2. Final Landscape and Irrigation Plan. After planning permit approval, a Final Landscape and Irrigation Plan shall be submitted as part of the application for a Building Permit. A Final Landscape and Irrigation Plan shall be approved by the Director before the start of grading or other construction, and before the issuance of a Building Permit. 3. Content and Preparation. a. Required Information. Preliminary Landscape and Irrigation Plans and Final Landscape and Irrigation Plans shall contain the information required for landscape plans by the Department. However, at a minimum, these plans shall include the following information: i. Preliminary Landscape and Irrigation Plans. location of proposed materials, including,the identification of ground covers, shrubs, and trees as well as the location of the irrigation system and its individual components. ii. Final Landscape and Irrigation Plans. Detailed drawings and specifications clearly identifying the name, size, and precise location of all materials, as well as the precise location and technical description of the irrigation system and its individual components. ,C. Alternative Landscape Plan. An applicant who can demonstrate that the overall provisions and desired outcomes of this Chapter can be exceeded, in . CITY OF SEAL BEACH MUNICIPAL CODE 160 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS whole or in part, through a modification of the standards of this Chapter, may submit an Alternative Landscape Plan (ALP) prepared in accordance with the following principles and design criteria. The ALP shall include a narrative that clearly details the modifications being requested and explains how they are superior to standard requirements and how they meet the landscape design prinCiples listed below. 1. Design Principles. To qualify for consideration, an Alternative Landscape Plan shall demonstrate the following principles: a. Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use achieving a better overall design solution then would be created under the landscaping standards of this chapter. b. Preservation or incorporation of existing native vegetation. c. Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation. d. Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design, this may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided. e. Use of additional shade trees to create a greater canopy effect. f. A greater degree of compatibility with surrounding uses than a standard landscape plan would offer. D. Review and Approval. After initial application, the Director shall review each Preliminary Landscape Plan and Final Landscape Plan to verify its compliance with the provisions of this Chapter. The Director may approve the submittal in compliance with this Chapter, or may deny or require changes to a submittal if it is not in compliance. E. Statement of Surety. When required by' the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a 2-year period. The Director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site. See Section 11.5.10.070: Performance Guarantees. CITY OF SEAL BEACH MUNICIPAL CODE 161 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . F. Changes to Approved Landscape Plans. The Director may authorize minor changes from the requirements of this Chapter. 1. For purposes of this Section, minor changes shall be defined as changes to the Final Landscape Plans that are not visible and do not effect the theme or character established for the subject development project. 2. If the Director determines that a requested change does not comply with the definition of- minor as identified in Subparagraph 1, above, the applicant must file the requested change with the applicable review authority, if a discretionary project review included review of landscape plans. S 11.4.30.015 Areas to be Landscaped. The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations. A. Required Setbacks. All required front and street-facing side setbacks, except for areas used for approved driveways and walkways, shall be landscaped. This requirement does not apply to the Main Street Specific Plan Zone District. See Table 11.4.30.015.A: Amount of Landscaping Required. . . . )' , , ..~ .. ,,' ,-', ,',', "TABLE 11'.~.30,.015.A ,,' "0 ..;,," , . .., ,AMOUNT:pF' LAN~~,CAPING' REQUI~E:D : Lan~ Use":,:, " , , Minimum ,Amo~nt of L~1I1d~capiri'g' '~ectlii,red "'::,:, ~ . . Front setback and all common areas, except for approved driveways and walkways All usable open space areas not used for decks, patios, walkways, or parking Required setbacks, parking areas in compliance with Section 11.4.30.025: Parking Lot Landscaping Standards. At the discretion of the review authority Single-unit residential Other residential Commercial or industrial All others B. Street Side and Street Rear Property Line Walls. When a street side or street rear property line wall over 6 feet high is constructed there shall be landscape pockets with a minimum dimension of 1-foot depth by 5-foot length provided every 25 feet of said wall. Permanent irrigation shall be provided to the landscape pockets. . CITY OF SEAL BEACH MUNICIPAL CODE 162 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS C. Parking Lots. Parking lots must be landscaped as provided in Section 11.4.30.025: Parking Lot Landscaping Standards. D. Buffer Yards. Required buffer yards must be landscaped as provided in Section 11.4.30.040: Buffer Yards. E. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped. S 11.4.30.020 General Landscaping Standards. A. Landscape Design. The required landscape and irrigation plan shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, desirable microclimates, and minimize water and energy demand. 1. Plant Selection and Grouping. Plant materials shall be selected for: low water demand and drought tolerance; use of appropriate native species; adaptability and relationship to the Seal Beach environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability, in compliance with Section 11.4.30.045: Water Efficient Landscaping, below. a. Plants having similar water use shall be grouped together in distinct hydro-zones. b. The protection and preservation of native species and natural areas is encouraged, and may be required by conditions of approval. 2. Minimum Dimensions. No landscaping area smaller than 3 feet in any horizontal dimension shall count toward required landscaping. Wherever this Zoning Code requires a landscaped area of a specified width, the width shall be measured exclusive of any curb or wall. 3. Height Limits. Landscape materials shall be selected, placed on a site, and maintained to not: a. Exceed a maximum height of 30 inches within a required traffic safety visibility area (see Section 11.4.20.030.C: Driveway Visibility), except for trees with the lowest portion of their canopy maintained at a minimum height of 7 feet above grade; or b. Interfere with the proper operation of solar energy equipment or passive solar design on adjacent parcels. CITY OF SEAL BEACH MUNICIPAL CODE 163 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 4. Protective Curbing. Required landscaping shall be protected with a minimum 6-inch high concrete curb, except adjacent to walls or bicycle paths, or where otherwise deemed unnecessary by the Director. . 5. Safety Requirements. Landscape materials shall be located so that at maturity they do not: a. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic. See Section 11.4.20.030.C: Driveway Visibility, b. Conflict with overhead utility lines, overhead lights, or walkway lights; or c. Block pedestrian or bicycle ways. 6. Water Features. Decorative water features (e.g., fountains, ponds, pools) shall have re-circulating water systems and shall be maintained in good operating order. B. Plant Material. Required landscape plans shall include ground covers, shrubs, and trees, which shall be selected and installed in compliance with Section 11.4.30.045: Water Efficient Landscaping, below, and as follows. 1. Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 5-gallon container . for specimen shrubs, a 15-gallon container for trees, and a 1-gallon container for mass planting, unless otherwise approved by the Director on the basis that the alternate size will achieve the desired immediate effect equally well. 2. Trees. Tree planting shall comply with the following standards. Existing trees shall be retained and preserved wherever and whenever possible. a. Trees shall not be planted under any structure that may interfere with normal growth (e.g., an eave, overhang, balcony, light standard, or other similar structure). b. Trees in landscape planters less than 10 feet in width or located 5 feet or closer to a permanent structure shall be provided with root barrierslroot barrier panels. c. Trees shall be staked in compliance with standards provided by the Department. d. Number of trees: i. Parking areas: refer to Section 11.4.30.025: Parking Lot Landscaping Standards. ii. Street trees: 1 per 25-foot length of right-of-way. The Director may modify this requirement depending on the chosen tree species and its typical spread at maturity, and as supported by concurrence of the City Engineer. . CITY OF SEAL BEACH MUNICIPAL CODE 164 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 3. Groundcover and Shrubs. Generally the landscaped areas shall include groundcover, shrubs, turf, or other types of plants that are predominantly drought tolerant. a. A minimum of 2, 5-gallon size shrubs shall be provided for every 6 feet of distance along street frontages, or as approved by the Director. b. Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within 1 year. c. Artificial groundcover or shrubs shall not be allowed. d. Crushed rock, redwood chips, pebbles, stone, and similar materials shall be allowed up to 15 percent of the total required landscape area. Artificial or synthetic ground covers are not allowed. e. Nonturf areas (e.g., shrub beds) shall be top dressed with a mulch or approved alternative. 4. Turf. Turf shall be limited to 25 percent of the total landscaped area on the site for a drought tolerant turf variety. An infill lot, corner lot, or other parcel with more than 1 street frontage may be approved with turf up to 35 percent of the landscaped area on the site for a drought tolerant turf variety, where necessary to provide consistent streetscapes. No turf shall be allowed: a. In any area of 8 feet or less in width; or b. On any slope exceeding 10 percent. A level buffer zone of 18 inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature). 5. Soil Testing and Preparation. a. A soil test for horticultural suitability shall be required at time of landscape installation in each landscaped area. b. The soil shall be prepared and/or amended to be suitable for the landscape to be installed, in compliance with Section 11.4.30.045.C: Soil Conditioning and Mulching, below. C. Irrigation System Requirements. All landscaped areas shall include an automatic irrigation system, designed and installed in compliance with Section 11.4.30.045: Water Efficient Landscaping, below. 1. Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar system) shall be used unless determined to be infeasible by the review authority. Any alternative system shall be subject to the approval of the review authority. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Turf areas shall be sized and shaped so they can be efficiently irrigated. 2. Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than 1 type of landscape CITY OF SEAL BEACH MUNICIPAL CODE 165 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS treatment (e.g., turf, ground cover, shrub, tree areas), or a variety of sun exposures. Soil moisture-sensing devices and rain sensors shall be used on larger projects (e.g., 5,000 plus square feet of landscaped area) to minimize or eliminate over- watering. . 3. Watering shall be scheduled at times of minimal wind conflict and evaporation loss. 4. Sprinkler heads shall have matched precipitation rates within each valve zone. 5. Check valves are required where elevation differential may cause low head drainage. 111.4.30.025 Parking Lot Landscaping Standards. Parking lot landscaping shall conform to all of the general standards of Section 11.4.30.020: General Landscaping Standards above, as well as the following: (See Figure 11.4.30.025.A: Minimum Dimensions of Required Parking Lot Landscaping). A. Landscape Area Required. A minimum of 15 percent of the parking . lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot area shall include parking and loading spaces and adjacent paved areas, aisles, and auto entry and exit areas. Internal pedestrian access ways may be excluded from the parking lot area used to calculate required landscaping. On-site landscaped setbacks or buffer areas located between a parking lot and adjacent public right-of-way, public sidewalk, or interior lot line, as required by Subsections E and F below, may be counted toward the required parking lot landscaping. Planting strips located within the right-of-way may not be counted toward required parking lot landscaping. B. Required Trees. A minimum of one 24-inch box tree shall be provided within the parking lot area for every 4 parking spaces. Trees that are required as part of a buffer yard per Section 11.4.30.040.C.2: Landscaping of Required Buffer Yards shall not count toward fulfilling this requirement. C. Parking Lot Tree Shading. Trees shall be planted and maintained throughout any surface parking lot to ensure that, within 15 years after establishment of the parking lot, at least 50 percent of the parking area will be shaded. D. Layout. Landscaped areas shall be distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of landscaped . strips at least 6 feet wide between rows of parking stalls, landscaped strips between CITY OF SEAL BEACH MUNICIPAL CODE 166 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS parking areas and adjacent buildings or internal pedestrian walkways, landscaped islands located between parking stalls or at the ends of rows of parking stalls, and on-site landscaping at the parking lot perimeter, as long as the following minimum requirements are met: 1. Landscaped Islands. A landscaped island at least 6 feet wide and 18 feet deep or equivalent area shall be provided at each end of each interior row of parking stalls and between every 6 consecutive parking stalls in any residential development or any mixed-use development in which residential units overlook on-site parking areas, and between every 10 stalls in any non-residential development. One tree of at least 24-inch box size shall be located in the rear one- third of each such landscaped island. For the purpose of this regulation, "rear" constitutes the portion of the landscaped island corresponding to the rear of adjacent parking stalls and proximal to the aisle. 2. Landscaped Separation between Parking Areas and Buildings. No parking space shall directly abut an exterior building wall. A landscaped area at least 4 feet wide shall be provided between any parking stall and adjacent on-site building. E. Size of Tree Planting Spaces. Anywhere that an individual tree is planted in a space surrounded by pavement, the planting area must have a minimum interior dimension of 5 feet. F. Landscaped Buffer for Open Parking Abutting Public Right-of- Way. A landscaped area at least 10 feet wide shall be provided between any surface parking lot and any adjacent public sidewalk or street. Alternatively, a landscaped area at least 5 feet wide may be provided in conjunction with a solid screening wall at least 2.5 to 3.5 feet tall. The wall must be at least 80 percent opaque. Such screening wall shall be composed of brick, stone, stucco, or other quality durable material approved by the Director, and shall include a decorative cap or top finish as well as edge detail at all wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director. G. Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least 4 feet wide shall be provided between any surface parking area and any adjacent lot or lots for the length of the parking area. Such landscaped area may overlap or be continuous with any buffer yard required by Section 11.4.30.040: Buffer Yards. CITY OF SEAL BEACH MUNICIPAL CODE 167 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . Figure 11.4.30.025.A Minimum Dimensions of Required Parking Lot Landscaping LaIlclsCllpad I1rlpI; mlnlmum" ftwide LIIndIc:apId isIInds: IIInd1caped lIIIIld nIqlIinId bItwIen ..,..... lit raid8miaI~-MI')' to spICl5 in nonnlSidenIial declllllfllftllllt.l"IiIimum c1lllwlIlJlallts:: , It x 18 It wIIh . ... It ..... tiI islIftlI ........ lot buft8r ',f.;'~ ,- OpdolIlt 10 f\ .....=9 Tlhadlll:* :;" ParIdng lot.... ",;'-'~ " 0priDn 2: 5 It . " 1In~ SlIdlIck ;', _ low (2.5ft hif.h) ..:: sc:-*'8 -'l :-::: . J ~. . " ~ .' . ',:; ~ :.... ';:' r, . CITY OF SEAL BEACH MUNICIPAL CODE 168 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . H. Protection of Vegetation. 1. Design. All required parking lot landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum 2-foot clearance of low growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of 2 feet from the back of the curb. 2. Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least 6 inches wide and 6 inches high. No planter, except building perimeter planters, shall be smaller than 25 square feet in area, or 3 feet in any horizontal dimension, excluding curbing. 3. Clearance. Landscaping in planters at the end of parking aisles shall not obstruct drivers' vision of vehicular and pedestrian cross traffic. Mature trees shall have a foliage clearance of 7 feet from the grade of the parking area, with other plant materials not to exceed 26 inches in height. S 11.4.30.030 Required Street Trees. . Street trees shall be provided at a ratio of at least 1 tree for each 25 feet of public street frontage unless a greater number of trees are specified in the zoning district regulations. Street tree locations shall be subject to approval by the City Engineer. S 11.4.30.035 Landscape Installation and Maintenance. A. Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications. B. Timing of Installation. Required landscaping shall be installed prior to the issuance of a certificate of occupancy for a project. All required fences and walls shall be permanently maintained in good condition and repaired or replaced when necessary to ensure continued compliance with the requirements of this Section. C. Maintenance. All planting shall be maintained in a good growing condition. Maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements. Trees shall be maintained by property owners to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing such damage shall be . replaced with another tree of comparable size and value. CITY OF SEAL BEACH MUNICIPAL CODE 169 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . D. Maintenance Agreement. Before final building inspection or the issuance of a certificate of occupancy, and before the recordation of a final subdivision map where applicable, the applicant shall enter into a landscape maintenance agreement with the City to guarantee proper maintenance in compliance with Subsection C. The form and content of the agreement shall be approved by the City Attorney and the Director. E. Water Waste Prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited. Efficient watering practices shall be conducted in compliance with Section 4.30.045: Water Efficient Landscaping, below. See also Section 11.4.10.020.H: Storm Drainage and Storm Water Runoff. F. Enforcement. Failure to maintain landscape areas in compliance with this Section shall be deemed a nuisance, and shall be subject to abatement in compliance with Municipal Code Chapter 7.35: Public Nuisances and Chapter 7.40: Nuisance Abatement, and/or the applicable planning permit may be revoked. 111.4.30.040 Buffer Yards. . A. Applicability. The buffer yard standards of this Section shall apply to: 1. All new development on vacant land. 2. Redevelopment or expansion of existing development by 15 percent or more of existing floor area, except for new construction of single units, second units, or two-unit dwellings. 3. Any change from a residential use to a commercial or light manufacturing use, a commercial use to a light manufacturing use; or any other change from one land use classification to another non-residential land use classification that increases development intensity and results in increased traffic, processes, noise, or pollution, as determined by the Director. B. Exceptions. 1. Where a proposed use is separated from an existing use by a public right-of-way, drainage channel, or stream corridor, no buffer yard is required provided such right-of-way, drainage channel, or stream corridor is at least equal in width to the required buffer yard. . CITY OF SEAL BEACH MUNICIPAL CODE 170 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 2. Where a development lot is 25 feet or less in width, an 8-foot high solid masonry wall may be provided in lieu of any required buffer yard. 3. Compliance with the buffer yard standards shall not necessitate the demolition or relocation of any portion of any existing building. 4. Other exceptions to the standards of this section may be granted with a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. C. Required Buffer Yards - Minimum Dimensions and Standards. Required buffer yards are indicated in Table 11.4.30.040.A: Required Buffer Yards. A buffer yard shall be provided on any lot containing a use listed in the first column of Table 11.4.30.040.A when it abuts a lot containing a use listed in the second column of the same row. Buffer yards shall consist of both a landscaped area and a screening wall in the dimensions prescribed in the table and shall comply with all applicable standards of this subsection. See also Figure 11.4.30.040.C: Buffer Yards. CITY OF SEAL BEACH MUNICIPAL CODE 171 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS ,:'",: ',:'\'-,:"""":\,' ..,' "I:,', ' , ' . .. '. . r ":" ~,... ~.~.' .. ,,' " .. 'tABLE '11..4.3it040:A ", ,'..' .' ,,' I- "', , ' '. '. .., " :.,:,1:'1 ..1.;....:.' :'t'" - .' . '. . . .1,' '" ; : .. -":,:,,, .. " .' ." . .' . .' '" . <<,,'r. . . ,...... .. . . " .: 'j"- :::',;..J,'.:'I:':':"~" .. . . , , " ,,' REQUIRED BUFFER YARD'S, ,,' .,,:.., " " , , : . r .. II ~ ,,' r t. , ' ' " :'0 , , .:..: '.~:.f?-~l':'::,' ',', '~:.-;o<.: ;..~"L: ....:....' ',. .....:.:> "":., ,..;:.,:.:....~:..~..::,,;.,: :. .~ '~~inimurri,' ,~.( , , , :, 'Required: ..., :', " ~Propos,~ Land ;Qse,:,::'; ;,-: :: '" Ex~s~ing Land Use on " ,,': .... ,\.., . . '\. ." 'n ' .j :' ' on 'Project Site', '" '..,' '" ','...Adjacent'l.oL;":':,.' :,:' ~BufferYard '" '. S~~ni~g W~I,i :,~ .j' 'Width'(ft), . ' "'H . 'ht (ftr "'~"~'..-.~:' . ";"~}':~.~'~': ...:......)...y... .,.......~;.::~ . _ ';. .f:',.:. .:./:~:: ',.': 'I :', .. r "',';-. /..... ,\ elg" ' ~:",.' Residential Use; Commercial Use, Residential Care Facility; 10 8 Mixed-Use Use Park and Recreation Facility; Day Care Center Light Residential Use; Residential Care Facility; Manufacturing Use Park and Recreation 20 10 Facility; Day Care Center Public and Semi- Residential Use 5 6 Public Uses Multiple-Unit Residential; Transitional Single-Unit Dwelling; Housing; Senior Housing with 3 or Single-Unit Dwelling with 5 7 more units on a lot; Second Unit; or Two-Unit Group Housing; Dwelling. Residential Care Facility; Large Family Day Care 1. Location. Required buffer yards shall be developed along the perimeter of the lot and extend inward from the property line of the project site as illustrated in Figure 11.4.30.040.C: Buffer Yards. CITY OF SEAL BEACH MUNICIPAL CODE 172 . . . . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Figure 11.4.30.040.C Buffer Yards ~ woIl ~ lower franrIly U. . -.-. -~ T"')lJI"IwidIh ~J: Hipr InteftsIIJ Use ~ 2. Landscaping of Required Buffer Yards. Buffer yards shall be planted with a mix of trees, a minimum of 24-inch box in size, and shrubs. At least 1 tree shall be planted per 20 lineal feet or as appropriate to provide a tree canopy over the buffer yard. In addition, a minimum of 5 shrubs shall be planted per 20 lineal feet. 3. Screening Walls. All screening walls must provide a solid screening wall of stucco, decorative block, or concrete panels. Chain-link fencing is prohibited. 4. Uses of Buffer Yards. Buffer yards may be used as yards, open space, or natural areas, or for any use that does not interfere with its effectiveness as a buffer between potentially incompatible uses. Buffer yards shall not be used for parking, driveways, trash enclosures, mechanical equipment, or as a building area. 5. Buffer Yard Plan. A buffer yard plan shall be submitted in conjunction with other application materials for a permit. A buffer yard plan shall show the location of all buffer yards on the 'project site, proposed plant locations, a plant list and key, and existing and proposed structures on the site. Where a landscaping plan is also required, the buffer yard plan may be incorporated into the landscaping plan. 6. Maintenance. All required planting shall be permanently maintained in good growing condition and replaced with new plant materials when necessary to ensure compliance with applicable standards. All required walls shall be permanently maintained in good condition and repaired or replaced when necessary to ensure continued compliance with the requirements of this Section. CITY OF SEAL BEACH MUNICIPAL CODE 173 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 111.4.30.045 Water Efficient Landscaping. A. Applicability. This Section shall apply to all proposed development and new land uses, except the following: 1. Landscaping in single-unit or multi-unit residential projects, other than in front yards or common areas; 2. Any landscaped area which is irrigated with reclaimed water; 3. Designated historical sites; 4. Ecological restoration projects that do not require permanent irrigation systems; and 5. Cemeteries, golf courses, parks, playgrounds, schools, and sports fields are exempt from the turf area limit of this Section. Turf will be allowed for these uses in all areas where the functional need for turf can be demonstrated. The other provisions of this Section shall apply to these uses. 8. Plant Selection, Water Features, and Use Limitation. . 1. Limitation on High Water Uses. Turf, high water use plants, and water features shall be considered high water uses and shall be limited to not more than 25 percent of the entire project's landscaped area. The installation of turf shall be in compliance with Section 11.4.30.020 8.4: Turf, above. 2. Plant Selection. Plants selected in all other landscaped areas shall be well-suited to the climate, geology, and topographic conditions of the site, and shall be low water use once established. 3. Size Limitation - Turf Areas. No turf shall be allowed in areas less than 8 feet wide, excepting parking strips between the curb and sidewalk where there will be foot traffic. 4. Re-Circulating Water Features. Re-circulating water shall be used for all water features and shall be maintained in good operating order. C. Soil Conditioning and Mulching. 1. A minimum 1-foot depth of non-mechanically compacted soil shall be available for water absorption and root growth in planted areas. . CITY OF SEAL BEACH MUNICIPAL CODE 174 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. In areas with overhead irrigation, organic amendment shall be incorporated into the soil to a minimum depth of 6-inches at a minimum rate of 5 cubic yards for each 1,000 square feet, or in compliance with specified amendment recommendations from a soils laboratory report. 3. A minimum of a 2-inch layer of porous mulch shall be applied to all exposed soil surfaces of nonturf areas within the landscaped area. Nonporous material (e.g., plastic sheeting), shall not be placed under the mulch; however, a porous landscape fabric is allowed. D. Irrigation. 1. All landscaped areas shall be irrigated with automatic controllers with repeat start-time potential. 2. When the landscape contains more than one type of plant type (e.g., annual, ground cover, turf) or a variety of sun exposures, controllers shall have multiple-program potential. 3. Separate irrigation circuits shall be provided for different plant types, irrigation methods, solar exposures, microclimates (e.g., understory, courtyard) slopes, and soil types. 4. Pressure regulation shall be installed to effect correct operating pressure for each type of irrigation head or drip method. 5. Point application methods (e.g., drip, bubbler) shall be used wherever feasible. 6. Irrigation delivery systems shall be designed so that water does not run off or overspray onto adjacent pavement, sidewalks, structures, or other non- landscaped areas. 7. Sprinkler heads shall have precipitation rates matched within 20 percent of one another on each irrigation circuit; however, pressure compensating bubbles may be included in circuits serving shrub areas. controller. 8. Rain shut-off devices shall be installed on each irrigation 9. Check valves shall be installed where elevation differential may cause extreme low head drainage CITY OF SEAL BEACH MUNICIPAL CODE 175 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS E. Documentation for 'Compliance. The following documentation shall be submitted to the Director as part of the requirements of this Section. . 1. Preliminary Landscape Statement. The preliminary landscape statement shall contain a brief description of the planting and design actions that are intended to meet the requirements of this Section. 2. Building Permit. The documentation identified in Section 11.4.30.010.E: Statement of Surety, shall be submitted with the Building Permit application. 3. Completion of Installation. Upon completion of installation of the landscape, the landscape design principal or owner shall submit to the Director a certificate of completion and a certificate of conformance, stating that the project has been installed as designed, or with documentation of suitable substitutions. F. Alternative Provisions. The Director shall: 1. Consider and may allow the ,substitution of design alternatives and innovations that will lead to a greater reduction in water consumption than the measures identified in this Section; and . 2. Accept documentation methods, water allowance determinations, and landscape and irrigation design requirements of the State of California's Model Water Efficient Landscape Ordinance in lieu of the requirements of this Section in cases where it is demonstrated that compliance with the requirements of the State's model ordinance will lead to a greater or equivalent reduction in water consumption than the measures identified in this Section. S 11.4.30.050 Invasive Plant Species. No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Exotic Pest Plant Council, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on a site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the site. Any existing landscaping that doe not meet the above requirements shall be removed. . CITY OF SEAL BEACH MUNICIPAL CODE 176 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Chapter 11.4.35 Coastal Development Permit (Reserved) . . CITY OF SEAL BEACH MUNICIPAL CODE 177 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 178 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.40 Sections: 111.4.40.005 111.4.40.010 111.4.40.015 111.4.40.020 111.4.40.025 111.4.40.030 111.4.40.035 111.4.40.040 111.4.40.045 111.4.40.050 111.4.40.055 111.4.40.060 111.4.40.065 Nonconforming Uses, Structures, and lots Purpose Maintenance and Repair of Nonconforming Structures Minor Improvements to Nonconforming Residential Structures Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts) Valuation of Improvements Nonconforming Multi-Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions Changes, Substitutions or Expansions of Nonconforming Uses Conditional Use Permit to Change Nonconforming Status Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses Restoration of Damaged Nonconforming Uses and Structures Nonconforming Historic Buildings Nonconforming Use of land Where No Structure Involved Nonconforming lots 111.4.40.005 Purpose. Certain structures, uses and lots no longer comply with all Zoning Code requirements due to regulations adopted after such structures, uses and lots were legally established. Provided the structures, uses and lots comply with the terms and regulations contained herein and do not cause an adverse impact upon public health, safety, and welfare, this chapter allows the: A. Use and occupancy of nonconforming structures. B. Continued operation of nonconforming uses. C. Development and use of nonconforming lots. CITY OF SEAL BEACH MUNICIPAL CODE 179 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 111.4.40.010 Maintenance and Repair of Nonconforming Structures. . A. Continuation of Nonconforming Structures. A lawful nonconforming structure may be used, occupied and maintained in its current size and configuration. > B. Maintenance, Nonstructural Repairs and Interior Alterations. An owner may perform non-structural repairs and interior alterations to structures that are nonconforming or contain nonconforming uses, provided the structure is not enlarged, the life of the structure is not extended or the nonconforming use is not expanded. C. Structural Repairs Requiring Only a Building Permit An owner shall apply for and obtain a building permit prior to performing any structural repair, including modification or repair of bearing walls, columns, beams or girders, to: 1. Nonconforming Single-Unit Residences. Provided: a. The residence is located in a residential zone; b. The residence has an existing garage that meets minimum dimensional requirements under this Code; and c. The improvement will not increase habitable space. 2. All Other Nonconforming Structures. Provided: . a. The structure is not enlarged; b. The life of the structure is not extended; c. The nonconforming use is not expanded; and d. The cost of any structural repair during a 12-month period does not exceed 40 percent of the appraised value of all improvements. D. Structural Repairs Requiring an Administrative Use Permit. An owner shall apply for and obtain an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, prior to performing any structural repair not governed by Subsection C, above. 111.4.40.015 Minor Improvements to Nonconforming Residential Structures. A. Minor Improvements Requiring Only a Building Permit 1. Skylights. 2. Solar Systems. 3. Windows. 4. Decorative exterior improvements. . CITY OF SEAL BEACH MUNICIPAL CODE 180 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 5. Utilities. 6. Other similar minor structural improvements approved by the Planning Commission. B. Minor Improvements Requiring an Administrative Use Permit. 1. Open roof decks. 2. Balconies and porches (not enclosed). 3. Roof additions over balconies and porches. 4. Roof eaves projecting 5 feet into the required rear yard setback in the RLD-9 District, along Ocean Avenue between First Street and Eighth Street. 5. Exterior doors. 6. Garages, carports, and additional covered parking spaces. . 7. Interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the structure's interior walls. Such interior wall modifications or remodeling may increase the number of bathrooms provided that the number does not exceed the following bedroom/bathroom ratio: one bath for each bedroom plus an additional half-bath. The number of bedrooms shall not be increased if the subject property is nonconforming due to density or parking. 8. Reduction in the number of units involving removal or structural alteration to less than 50 percent of the structure's interior walls. 9. Other similar minor improvements, as determined by the Director. Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts). A. Conditionally Permitted Alterations and Additions. Subject to Subsection B of this Section, the Planning Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, for structural alterations or additions to any single unit residence that is nonconforming only with respect to . one or more of the following required development standards: 511.4.40.020 CITY OF SEAL BEACH MUNICIPAL CODE 181 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 1. Maximum building height; 2. Minimum building setbacks; 3. Fayade articulation; and/or 4. Additional front stepback above 14 feet. B. Required Features for Conditionally Permitted Alterations and Additions. No Conditional Use Permit shall be issued pursuant to Subsection A unless both of the following requirements are met: 1. Applicable minimum yard dimensions are maintained; and 2. The nonconforming side yard setback is no less than 3 feet in width. Notwithstanding this requirement, a. Existing legal non-conforming exterior stairways that comply with all other applicable provisions of the California Building Code may be located in the setback. b. Side yard setbacks may be less than 3 feet in width on properties developed pursuant to a "Precise Plan" or "Planned Unit Development." . 111.4.40.025 Valuation of Improvements. The Building Official shall determine the value of improvements by considering the total cost of all construction for which a permit is required, including: finish work, painting, roofing, electrical, plumbing heating, air conditioning, and any permanent work or permanent equipment. 111.4.40.030 Nonconforming Multi-Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions. A. Multi-Unit Residential Property. A multi-unit residential structure may not add any habitable space. A nonresidential structure that is nonconforming or contains a nonconforming use may not be structurally altered or expanded unless such alteration or expansion makes the structure conforming. Notwithstanding this prohibition: B. Non-Residential Property. 1. Substandard Yards or Open Space. A structure that is nonconforming only because of substandard yards or open space may be altered or . CITY OF SEAL BEACH MUNICIPAL CODE 182 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS expanded; provided that any alteration or expansion does not further reduce the size of required yards and open space. 2. Commercial Centers over 20 Acres Inadequate Landscaping. A commercial center over 20 acres in size that is nonconforming only because of inadequate landscaping may be altered or expanded: a. Upon receiving a building permit if 7 percent or more of its total lot area is landscaped. b. Upon the approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, if less than 7 percent of its total lot area is landscaped. Provided the center remains in compliance with the terms and conditions of the Conditional Use Permit, a building permit may be issued for subsequent alterations and expansions. i. Landscape Program. All applications for a Conditional Use Permit shall be accompanied by a: proposed landscape program showing landscaping proposed for a minimum of 7 percent of the total lot area; schedule; and site plan of the center, drawn to scale and indicating, but not limited to, the following information: (a). Lot dimensions; (b). Location, size and total square footage of all structures; landscaping. (c). Location and number of parking spaces; (d). Pedestrian, vehicular and service access; (e). Common areas; and (t). Location and square footage of existing ii. Approval of Landscape Program. The Planning Commission shall approve a proposed landscape program if such program provides for the installation of the required amount of landscaping within a reasonable period of time, taking into consideration, among other factors, the total lot area of the center, the number of businesses within the center, the existing amount of landscaping, and the cost to comply with the landscaping required. 3. Main Street Specific Plan Area. A structure located within the Main Street Specific Plan area that is nonconforming only because of inadequate parking may be altered or expanded, and/or its use expanded or changed, provided: a. The alteration, expansion or change does not further reduce the existing number of parking spaces, and b. The owner supplies additional parking spaces to meet the parking requirements for the difference in area between the existing building and the altered or expanded building, and c. The owner supplies additional parking spaces to meet any increase in parking requirements for the expanded or new use. CITY OF SEAL BEACH MUNICIPAL CODE 183 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . If a property owner cannot meet off-street parking requirements, the owner may pay an in-lieu fee pursuant to the provisions of Section 11.4.20.020.0: Main Street Specific Plan District In-Lieu Parking Program. S 11.4.40.035 Changes, Substitutions or Expansions of Nonconforming Uses. A. Replacement with a More Conforming Use. The Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to replace a nonconforming use with another nonconforming use only if the Commission finds that the new use is more conforming to the General Plan and zoning ordinance than the previous use. B. Expansion Within a Conforming Structure. The Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to expand a nonconforming use occupying a portion of a legally conforming structure. C. Expansion within a Nonconforming Structure. The Commission may grant a Conditional Use Permit pursuant' to Chapter 11.5.20: Development Permits, to expand a nonconforming use in a nonconforming structure, provided the . structure conforms to the requirements of the California Building Code and any structural expansion meets the requirements of this Zoning Code and the California Building Code. O. Expansion within a Structure That Does Not Conform to the California Building Code. The Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to expand a nonconforming use in a structure that does not conform to the California Building Code only if the structure is brought into conformance with all applicable California Building Code requirements. S 11.4.40.040 Conditional Use Permit to Change Nonconforming Status. Any property owner may apply for a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to conform a use that became nonconforming upon the adoption of an ordinance requiring a use permit for the use. Such application shall be filed within 1 year of the effective date of such ordinance unless the Planning Commission provides additional time to file. . CITY OF SEAL BEACH MUNICIPAL CODE 184 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 111.4.40.045 Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses. A. Nonconforming Uses Abandoned After 6 Months. Except as provided in Subsection B: Conditional Use Permit Required for Reestablishment of Abandoned Uses, no nonconforming use may be resumed, reestablished, reopened or replaced by another nonconforming use after it has been abandoned or vacated for 6 months or more. B. Conditional Use Permit Required for Reestablishment of Abandoned Uses. Notwithstanding Subsection A, the Planning Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, reestablishing a nonconforming use in a legally established structure. In addition to making any other findings required pursuant to this Code, the Commission shall consider whether: 1. The structure has been abandoned or vacant less than 1 year, and the owner has made diligent efforts to replace the nonconforming use with a similar use or a more conforming use. 2. The structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous use. 3. The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the assessed value of the structure, as determined in accordance with this Chapter, within any 5-year period. 4. The structure can be modified to decrease the extent of any nonconformities and to increase compliance with current development standards. 5. The use will be detrimental to surrounding uses. In addition to imposing other reasonable conditions of approval, the Commission may impose a time limit on the duration of the nonconforming use. 111.4.40.050 Restoration of Damaged Nonconforming Structures. A. Damage Equal to or Less than 50 Percent. A nonconforming structure damaged 50 percent or less of its replacement cost by fire, explosion or other o,ccurrence may be restored and the use that existed therein at the time of the occurrence may be continued in the same manner that lawfully existed prior to the CITY OF SEAL BEACH MUNICIPAL CODE 185 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS occurrence. For the purposes of this Section, replacement cost shall be determined as of the day immediately prior to the occurrence. B. Residential Structure - Damage Greater than 50 Percent. A nonconforming residential building damaged to the extent of more than 50 percent of its replacement cost by fire, explosion or other occurrence may be restored and reoccupied in the same residential manner that lawfully existed prior to the occurrence, as follows: 1. Reconstruction Pursuant to Building Permit. The Director may issue a building permit to reconstruct the damaged structure, provided: a. The owner provides the applicable minimum number of standard, open and accessible covered parking spaces. b. The property meets or exceeds minimum setbacks required by this Title. c. The reconstructed building does not exceed the maximum height standards of this Title. d. The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 2. Reconstruction Pursuant to Administrative Use Permit. If the owner is unable to provide the minimum number of required parking spaces, the Director may issue an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, to reconstruct the damaged structure, provided: a. The owner provides a minimum of one standard, open and accessible covered parking space for each unit. Tandem spaces existing at the time of the occurrence shall be restored, but interior spaces shall not be counted in satisfying the requirement of one space per unit. b. The property meets or exceeds minimum setbacks required by this Title. c. The reconstructed structure does not exceed the maximum height standards of this Title. d. The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 3. General Provisions. In addition to the specific provisions of subsections 1 and 2, above: a. There shall be no increase in the habitable area, unless this Title allows additional habitable space. CITY OF SEAL BEACH MUNICIPAL CODE 186 . . . . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS b. There shall be no increase in the number of units, unless this Title allows additional units. c. No units measuring less than 500 square feet may be restored unless the Director makes the following findings: i. All units and rooms meet the minimums established for residential occupancies under the California Building Code. ii. All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound primary structure. d. Any entitlement conferred by a permit issued pursuant to this Section shall expire if reconstruction does not commence within 1 year from the date of issuance, in which case the nonconforming structure or use shall be considered abandoned and subject to Section 11.4.40.045: Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses. e. The Building Official shall determine replacement cost, using valuation methods adopted by the Building Official. If the property owner disputes the Building Official's determination, the owner may, at its own cost, hire a licensed appraiser, approved by the Building Official, to determine replacement cost. C. Administrative Use Permit; Non-Residential Structure Damaged More then 50 Percent The Director may issue an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, to restore a nonconforming non- residential structure damaged to the extent of more than 50 percent of its replacement cost by fire, explosion or other occurrence provided: 1. The owner provides, at a minimum, the same number of on-site parking spaces as were provided as of the day immediately prior to the occurrence. The owner shall increase the ratio of parking to square footage, either by reducing the square footage or by providing additional parking on-site. The City may not require a reduction in square footage of more than 25 percent. 2. The property meets or exceeds minimum setbacks required by this Title. 3. The reconstructed structure does not exceed the maximum height standards of this Title. D. Director and Building Official Review - Legality of Existing Improvements. The owner of any damaged nonconforming structure is responsible for establishing the lawful existence of all improvements in the course of the reconstruction process. The owner may apply for a City determination of the structural integrity of the structure and the legality of improvements. The Master Fee CITY OF SEAL BEACH MUNICIPAL CODE 187 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Schedule establishes the fee for such determination. Upon application, the Building Official shall inspect the interior and exterior of the structure and review City planning and building files. Following the review, the Director shall issue a statement of findings, which shall be final and conclusive unless appealed to the Planning Commission. The owner may obtain information contained in the City's public records regarding the owner's nonconforming structure without filing the application provided hereunder. . E. Alternate Procedures After a Natural Disaster. The City Council may adopt alternative procedures for the approval of the reconstruction of nonconforming structures damaged by a natural disaster. See also Part I: General Provisions; Section 11.1.05.020.G: Application During Local Emergency. F. Reassessment Procedure. Pursuant to California Government Code Section 43007, every person who on the lien date of any year was the owner of, or had in such person's possession, or under such person's control, any taxable improvement, which improvement was thereafter destroyed without such person's fault by fire or by any other means prior to July 31st of that year and cannot be thereafter rebuilt because of a zoning prohibition, may on or before such date as may be prescribed by the county assessor, or by state law, apply for the reassessment of such improvement and deliver to the county assessor a written statement under oath, accompanied by a certificate of a disinterested competent . person or authority showing the condition and value, if any, of the improvement immediately after the destruction, and the county assessor shall, on or before October 31st of that year assess the improvement, or reassess it if it has already been assessed, according to the condition and value immediately after the destruction and upon such notice as it may find to be proper the board of supervisors of the county may, until November 30th of that year equalize any such assessment or reassessment. The tax rate fixed for property on the roll on which the improvement so assessed appears or the improvement so reassessed appeared at the time of its original assessment shall be applied to the amount of equalized assessment or reassessment determined in accordance with the provisions hereof. In the event that the resulting figure is less than the tax theretofore computed, the taxpayer shall be liable for tax only for the lesser amount and the difference shall be cancelled. If the taxpayer has already' paid the tax previously computed, such difference shall be refunded to the taxpayer. 111.4.40.055 Nonconforming Historic Buildings. A. The Planning Commission may issue a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to preserve, renovate or rebuild any locally recognized historic nonconforming building, provided it finds, in addition to the findings required by Chapter 11.5.20: Development Permits, that: . CITY OF SEAL BEACH MUNICIPAL CODE 188 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 1. The building has local historic significance; or 2. The architecture has local historic significance. B. The Planning Commission may authorize deviations from the Municipal Code necessary to preserve the structure or its historical significance, provided it finds that: 1. The deviation is necessary to preserve the existing architecture. 2. The owner has executed and recorded all agreements necessary to ensure preservation. 3. The building is structurally sound. C. The Commission may impose any reasonable conditions. S 11.4.40.060 Nonconforming Use of Land when No Structure Involved. . The nonconforming use of vacant land shall cease within 1 year from the date such use became nonconforming. S 11.4.40.065 Nonconforming Lots. A. Minimum Legal Area and Dimensions of Lots of Record. Any lawfully created lot that does not have applicable minimum area, frontage, width or depth may be developed for any use permitted by applicable zoning, provided: 1. The lot is shown on a duly approved and recorded subdivision map or record of survey map or described in a deed or valid contract of sale of record prior to the adoption of the ordinance that made the lot nonconforming. 2. The lot's area, frontage, width and depth were legal at the time that the instrument creating the lot became of record. 3. The lot conforms to all applicable regulations, other than minimum area, frontage, width or depth. Table 11.4.40.065: Minimum Legal Area and Dimensions of Lots of Record, sets forth legally acceptable minimum lot areas and widths. B. No lot area, yard or open space shall be reduced below minimum zoning .requirements, nor shall the density be increased except in conformity with the . regulations established by this chapter. CITY OF SEAL BEACH MUNICIPAL CODE 189 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS C. The minimum width of corner lots shall be 10 percent greater than the minimum width for non-corner lots. D. When any lot contains a greater area than the required minimum lot area for the zone in which it is located, said lot may be divided into individual lots provided each resulting lot contains the applicable minimum required area, frontage, width or depth. E. These provisions notwithstanding, ,the City may merge substandard lots as provided for in Title 10: Subdivisions, Chapter 10.35: Lot Line Adjustments, Mergers, Certificates of Compliance and Reversion to Acreage, and pursuant to the Map Act. CITY OF SEAL BEACH MUNICIPAL CODE 190 . . . . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS " ' ,'" .." ;" .' ,'<:, >:.:.' '~,:; , TABLE '1'1 ~4.40~065',',,:,:,:,-", .- ':;': '...:-' ' : ' .. " " .. '.1 '" .'~.:-~. 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Ordinance 4-10:91' .'.,:" " 9~,~ ,~:: * R-1 R-2 R-3 2,400 2,400 2,400 25 25 25 R-1 R-2 R-3 5,000 5,000 5,000 50* 50* 50* R-1 (RLO) R-2 (RMD) R-3 (RHO) 7,000 7,000 70 70 7,000 70 R-1 (RLO) R-2 (RMO) R-3 (RHO) 5,000 5,000 50* 50* 5,000 50* Minimum corner lot width - 55 feet. CITY OF SEAL BEACH MUNICIPAL CODE 191 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 192 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.45 Transportation Demand Management Sections: S 11.4.45.005 S 11.4.45.010 S 11.4.45.015 S 11.4.45.020 S 11.4.45.025 S 11.4.45.030 S 11.4.45.035 Purpose and Intent Definitions Application Development Standards Property Owner Responsibility Enforcement and Penalties Appeal S 11.4.45.005 Purpose and Intent A. This article is intended to comply with Section 65089.3(a)(2) of the California Government Code, which requires the City to adopt a Trip Reduction and Travel Demand Management Ordinance. B. New commercial, industrial, and mixed-use developments which employ 100 or more persons adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service on roadways, and can require significant capital expenditures to augment the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City to: 1. development; Reduce the number of peak-period vehicle trips generated by 2. Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, and the development of facilities that support such modes; 3. Reduce vehicle trips, traffic congestion, and public expenditure and improve air quality pursuant to existing project review and permit processing procedures; 4. Promote coordinated implementation of strategies to reduce transportation demand on a county-wide basis. 5. Achieve the most efficient use of local resources through coordinated and consistent regional and local TOM programs. CITY OF SEAL BEACH MUNICIPAL CODE 193 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.45.010 Definitions. The following definitions shall apply to this Chapter: A. "Applicanf': a person who is responsible for the planning, design or construction of a development project. B. "Decision-make,": the City Council for a development project that requires any approval required by this Code to be considered by the City Council in the absence of an appeal. "Decision-maker" means the Planning Commission for a development project that requires no approval which is required by this Zoning Code to be considered by the City Council in the absence of an appeal but does require at least one approval which is required by this Zoning Code to be considered by the Planning Commission in the absence of an appeal. "Decision-maker" means the Director for a development project that requires no approval which is required by this Zoning Code to be considered by the Planning Commission or City Council in the absence of an appeal. C. "Development Projecf' and "Projecf': any project, other than an exclusively residential project, which requires at least 1 discretionary approval by the . City and which meets or exceeds the employment thresholds set forth in Section 11.4.45.015: Application, below. D. "Employee": any person employed by an employer. E. "Employer': any person or persons, firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs 100 or more persons at a single worksite. F. "Floor Area": the sum of the horizontal areas of all floors within a building measured from the exterior faces of exterior walls or from the centerline of party walls separating 2 buildings. The floor area of any basement, cellar or attic with headroom of more than 6.5 feet shall be included. A basement, cellar or attic floor space with 6.5 feet of headroom or 'less, as well as the area of courtyards and floor area devoted to parking and maneuvering of vehicles, shall be excluded. G. "Mixed-Use Project': a development that combines any of the following land uses with 1 or more of the others: residential uses, retail, and professional offices, as defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code. ,H. "Peak-Period': the hours between 6:00 a.m. and 10:00 a.m., Monday . through Friday. CITY OF SEAL BEACH MUNICIPAL CODE 194 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS I. "Properly Owner": the legal owner or owners of real property on which a development project is located. J. "Tenant': an employer which leases space in a development project. K. "Transportation Demand Management (TOM)": the implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TOM includes, but is not limited to, programs which encourage alternatives to the single occupant vehicle (SOV) such as carpools, vanpools and transit; reduction or elimination of vehicle trips, and efforts to encourage rescheduling of peak period trips to non peak periods. L. "Trip Reduction": reducing the number of work-related trips in single- occupancy vehicles during the peak period. M. "Womsite": a building, or group of buildings located on 1 or more adjacent lots, as that term is defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code, which are owned or operated by 1 employer or by 2 or more employers under common control. Two or more employers shall be deemed to be "under common control" if any person or entity possesses, directly or indirectly, the power to direct, or to cause the direction of, the management and policies of those employers. 111.4.45.015 Application. A. The provisions of this article apply to all development projects that are estimated to employ 100 or more persons under the methodology set forth in Section B, below. B. follows: Total employment of a development project shall be estimated as 1. Subject to the approval of the decision-maker, an applicant may prepare employment projections for a project; or 2. The decision-maker may estimate the number of employees to be generated by a project under the criteria of Section 11.4.45.015.B.3: Employment Generation Standards, below. Alternatively, the decision-maker may approve a different estimate on the basis of substantial credible evidence that the employment generated by a project will differ from the estimate calculated under the standards of that section. CITY OF SEAL BEACH MUNICIPAL CODE 195 TITLE 11-Z0N/NG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 3. Employment Generation Standards. a. Commercial land uses as defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code are deemed to generate one employee for each 500 square feet of floor area. b. Offices, as that term is defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code, are deemed to generate one employee for each 250 square feet of floor area. c. Industrial park uses, as that term is defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code, are deemed to generate one employee for each 525 square feet of floor area. d. Hotels, as that term is defined in Section 11.6.05.010: Definitions of Specialized Terms and Phrases, of this Zoning Code, are deemed to generate one (1) employee per room. e. Mixed use developments are deemed to employ a number of persons equal to the total of the estimates generated by applying paragraphs 3.a. through 3.d. of this section to the various components of the project. 111.4.45.020. Development Standards. An applicant shall incorporate into a project the following improvements in the . manner and to the extent required by the decision-maker: A. Preferential Parking for Carpool Vehicles. 1. The applicant shall reserve employee parking spaces for carpool vehicles in a number specified by the decision-maker and shall mark those spaces "Carpool Only." 2. The applicant shall permit carpool spaces to be used only for vehicles in which at least 2 employees or tenants of the project, or employees or tenants of neighboring projects as to which the City has approved a Reciprocal Preferential Carpool Parking Agreement for the benefit of the instant project, regularly travel to the project. 3. Such carpool spaces shall be located near employee entrances or at other preferential locations approved by the Director. B. Bicycle Parking and Shower Facilities. ,1. An applicant shall provide secure, adequate, and convenient storage for bicycles. . CITY OF SEAL BEACH MUNICIPAL CODE 196 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. An applicant shall provide showers and locker rooms for employees of each sex in each building with a floor area of 100,000 or more square feet. The decision-maker may require an applicant to provide such facilities in any development with a total floor area of 100,000 or more square feet, even though no single building has a floor area of 100,000 or more square feet. C. Bus Stop Improvements. An applicant who proposes a development adjacent to one or more roadways on which public transit is provided may be required to provide bus pullouts, bus pads, and bus shelters to the extent specified by the decision-maker if the decision- maker determines that the project will generate significant transit ridership and that the provision of such improvements is required to avoid traffic congestion or other public safety hazards due to the loading and unloading of transit passengers at the development site. Such improvements may also be required of developments adjacent to roadways on which the decision-maker determines that it is reasonably foreseeable that public transit will be provided within the estimated useful life of those improvements. O. Information on Transportation Alternatives. 1. An applicant who proposes a development with a floor area of 25,000 or more square feet shall provide a bulletin board, computer display or other information area that offers appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees and tenants of the development project. 2. The section may include: a. b. c. d. information provided pursuant to paragraph 0.1. of this Current maps, routes and schedules for public transit; Ridesharing match lists; Available TOM incentives; and Ridesharing promotional material. E. Pedestrian Access. An applicant shall provide paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. S 11.4.45.025. Property Owner Responsibility. The property owner shall be responsible for providing and maintaining the facilities and services specified in the development standards set forth in this Chapter and for otherwise complying with the provisions of this article. CITY OF SEAL BEACH MUNICIPAL CODE 197 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 111.4.45.030. Enforcement and Penalties. A. No building permit, certificate of occupancy, or other entitlement for use may issue pursuant to this Code unless an appropriate officer of the City determines that the development project for which the permit is sought fully complies with the requirements of this article. B. If during the construction of a development it comes to the attention of the Director that construction is deviating from the plans approved by the City in a manner that will result in a failure to comply with the requirements of this article, the Director shall authorize the issuance of one or more stop work orders pursuant to this Code. C. The provisions of this article may be enforced by any other means permitted by this Code or by other law. 111.4.45.035. Appeal. . Any decision under this Chapter may be appealed pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions of the Municipal Code. . CITY OF SEAL BEACH MUNICIPAL CODE 198 . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . Chapter 11.4.50 Adult Businesses Sections: 111.4.50.005 111.4.50.010 111.4.50.015 Zone Conformance Application Approval or Denial of Zone Conformance Location Criteria 111.4.50.005 Zone Conformance Application. It is unlawful for any person to operate, engage in, conduct or carry on any adult entertainment business as that term is defined in Title 5: Business Licenses and Regulations, Chapter 5.15: Adult Entertainment, Section 5.15.010: Definitions unless the owner of such business first obtains from the Director a zone clearance for such business. . A. Applications for a zone clearance shall be submitted on a form provided by the Director and shall be accompanied by a nonrefundable application fee in an amount established by resolution of the City Council pursuant to Title 5: Business Licenses and Regulations, Chapter 5.15: Adult Entertainment, Section 5.15.095: Fees. B. If the Director determines that the applicant has completed the application improperly, the Director shall promptly notify the applicant of such fact and shall return the application unprocessed. On request of the applicant, the Director shall grant the applicant an extension of time 10 days to complete the application properly. The time period for granting or denying the requested zone clearance shall be stayed during the period in which the applicant is granted an extension of time. 111.4.50.010 Approval or Denial of Zone Conformance. The Director of Development Services shall, within 30 City business days of the filing of a complete application, approve and issue a zone clearance if the provisions of Section 11.4.50.015: Location Criteria have been satisfied; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The time period set forth in, this paragraph shall not be extended except upon the written consent of the . applicant. , CITY OF SEAL BEACH MUNICIPAL CODE 199 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.50.015 Location Criteria. A. Separation Requirements. An adult entertainment business may be located in the districts specified in this code, provided that the business satisfies all of the following requirements: 1. The adult entertainment business is not within 1,000 feet of any other adult entertainment business located within or outside the City. 2. The adult entertainment business is not within 400 feet of any residential district boundary located within or outside the City. 3. The adult entertainment business is not within 1,000 feet of any public park, educational or religious facility located within or outside the City. B. Measurement of Distances. The distances set forth in subsection A above shall be measured as a straight line, without regard to intervening structures or objects, from the property line of the property containing the adult entertainment business to the property line of the property so used at the time of submission of the permit application; provided, however that the distances between adult entertainment . businesses as set forth in paragraph 1 of subsection A, above, shall be measured from the outside wall of the tenant space of each adult entertainment business. C. No adult entertainment business may be located within the City except as provided in this section. . CITY OF SEAL BEACH MUNICIPAL CODE 200 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.55 Affordable Housing Bonus Sections: S 11.4.55.005 S 11.4.55.010 S 11.4.55.015 S 11.4.55.020 S 11.4.55.025 S 11.4.55.030 General Affordable Housing Provisions State Affordable Housing Density Bonus State Childcare Facility Density Bonus Affordable Housing Concessions and Incentives Administration Density Bonuses for Housing Developments Accompanied by land Donation S 11.4.55.005 General Affordable Housing Provisions. A. State law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and State law, the State law provisions shall govern, unless otherwise specified. B. Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. C. Availability. All affordable housing units ~hall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the Affordable Housing Agreement to an alternative schedule for development. O. Affordable Housing Agreement. An Affordable Housing Agreement shall be made a condition of the discretionary planning permits for all projects granted a density bonus, pursuant to this Chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The Agreement shall be consistent with Section 11.4.55.025.0: Affordable Housing Agreement Required. CITY OF SEAL BEACH MUNICIPAL CODE 201 TITLE 11-Z0N/NG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS E. Median Income Levels. For the purpose of determining the income levels for Households under this Chapter, the City shall use the Orange County income limits found in Title 25, Section 6932 of the California Code of Regulations, and regularly updated and published by the State Oepartment of Housing and Community Oevelopment, or other income limits adopted by the City Council if the State Oepartment of Housing and Community Oevelopment fails to provide regular updates. F. Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require a general plan amendment, zoning change, or other discretionary approval. . S 11.4.55.010 State Affordable Housing Density Bonus. A. Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus in the following amounts over the otherwise allowable maximum residential density permitted by this Chapter and the General Plan, and 1 or more of the Affordable Housing Incentives set forth in Section 11.4.55.020: Affordable Housing Concessions and Incentives, below, if the applicant agrees or proposes to construct anyone of the following: 1. lower Income Units. A density bonus of 20 percent if 10 . percent of the total units of a housing development are Target Units affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. 2. Very low Income Units. A density bonus of 20 percent, if 5 percent of the total units of a housing development are Target Units affordable to very low income households, as defined in Section 50105 of the Health and Safety Code. 3. Senior Citizen Housing Development A density bonus of 20 percent, if a housing development qualifies as a Senior Citizen Housing Oevelopment, as defined in Section 51.3 of the Civil Code. 4. Moderate Income Units in Condominium and Planned Unit Developments. A density bonus of 5 percent if 10 percent of the total dwelling units in a condominium project, as defined in subdivision (f) of, or in a Planned Oevelopment, as defined in subdivision (k) of Section 1351 of the Civil Code, are Target Units affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. 5. Housing Accompanied by land Donation. A density bonus of 15 percent, if a housing developer agrees to donate land to the City, subject to the . CITY OF SEAL BEACH MUNICIPAL CODE 202 . . . TITLE 11-Z0N/NG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS requirements of Section 11.4.55.030: Density Bonuses for Housing Developments Accompanied by Land Donation, below. B. Applicability. The provisions of subsection (A) shall be applicable to residential projects of 5 or more units, and senior citizen housing developments of at least 35 units. C. Calculation of Density Bonuses. 1. Density Bonus Units. When calculating the number of permitted density bonus units, all fractional units shall be rounded up to the next whole number. The density bonus shall not be included when determining the number of target affordable or senior housing units to be provided in a development project. 2. Sliding Scale for Greater Density Bonus. An applicant is entitled to receive a bonus larger than the percentages specified in subsection A if the percentage of affordable housing exceeds the percentages specified in subsection A, subject to the following provisions: a. lower Income Dwellings. For each additional 1 percent increase above 10 percent in the proportion of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35 percent of the maximum allowable residential density for the site. b. Very low Income Dwellings. For each additional 1 percent increase above 5 percent in the proportion of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35 percent of the maximum allowable residential density for the site. c. Condominium and Planned Unit Developments. For each additional 1 percent increase above 10 percent in the proportion of units affordable to moderate income households in condominium and planned unit developments, the density bonus shall be increased by 1 percent up to a maximum of 35 percent of the maximum allowable residential density for the site. d. Housing Accompanied by land Donation. For each additional 1 percent increase above the minimum 10 percent land donation described in Section 11.4.55.030: Density Bonuses for Housing Developments Accompanied by Land Donation, below, the density bonus shall be increased by 1 percent, up to a maximum of 35 percent of the maximum allowable residential density for the site. O. Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the Applicant so requests. CITY OF SEAL BEACH MUNICIPAL CODE 203 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.55.015 State Childcare Facility Density Bonus. . A. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of Section 11.4.55.010.A: Density Bonus, above, and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following: 1. Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility, or. 2. Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. B. Conditions of Approval. The City shall require as a condition of approving the housing development that the following occur: 1. length of Operation. The child care facility remains in operation for a period of time that is as long as, or longer than the length of time during which Section 11.4.55.025.B: Duration of Affordability of Rental Units, . following, requires that the affordable housing units remain affordable. 2. Attending Children. The percentage of children of very low, low or moderate income households who attend the child care facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level, pursuant to Section 11.4.55.015.A: Density Bonus, above. C. Exceptions. The City shall not be required to provide a density bonus or concession for a child care facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities. S 11.4.55.020 Affordable Housing" Concessions and Incentives. A. Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions as follows: 1. One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a condominium or planned development, or . CITY OF SEAL BEACH MUNICIPAL CODE 204 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 2. One incentive or concession for senior citizen housing developments, or 3. Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a condominium or planned development, or 4. Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a condominium or planned development. B. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and State law. In addition to any increase in density to which an applicant is entitled, the City shall grant 1 or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection A, unless the City makes a written finding that either: 1. The concession or incentive is not necessary in order to provide the proposed targeted units, or 2. The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources. C. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below. In addition to the incentives listed, the City may allow for fast track and priority processing for a project with affordable housing. 1. Modification of Development Standards. Up to 20 percent in modification of site development standards or zoning code requirements that exceed minimum building code standards and fire code standards, including, but not limited to: a. b. separation requirements. c. area requirements. Reduced minimum lot sizes and/or dimensions. Reduced minimum building setbacks and building Reduced minimum outdoor and/or private outdoor living d. Increased maximum lot coverage. CITY OF SEAL BEACH MUNICIPAL CODE 205 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS e. Increased maximum building height. . 2. Reduced Parking. a. Upon the applicant's request, the City shall allow a reduction in required parking, excluding handicapped parking. Notwithstanding the foregoing, the parking must satisfy at least the following minimum ratios: i. One on-site space for 0 to 1 bedroom units; ii. Two on-site spaces for 2 to 3 bedrooms iii. Two and a half spaces for 4 or more bedrooms. b. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. c. At the applicant's request, tandem parking may be counted toward meeting these parking requirements. 3. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area. 4. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable cost reductions or . avoidance. D. Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a case-by-case basis, when requested by an applicant when more than 50 percent of the affordable housing units provided contain 3 or more bedrooms to meet the needs of large families. S 11.4.55.025 Administration. A. Application and Review Process. A preliminary review of development projects proposed pursuant to this Chapter is encouraged pursuant to Chapter 11.5.10: General Procedures, to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 11.5.10: General Procedures. B. Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum period of 30 years or a longer period of time if required by the construction or mortgage financing . CITY OF SEAL BEACH MUNICIPAL CODE 206 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS assistance program, mortgage insurance program, or rental subsidy program, consistent with State law. C. Definition of Affordability. Those units targeted for lower income households as defined in Section 11.4.55.010: State Affordable Housing Density Bonus, above, shall be affordable at a rent that does not exceed 30 percent of 60 percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed 35 percent of 110 percent of area median income. Median income levels shall be the income limits for Orange County households as provided for in Section 11.4.55.005.E: Median Income Levels, above. O. Affordable Housing Agreement Required. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the Property. The terms of the Agreement shall be reviewed and revised as appropriate by the Director and/or City Attorney, who shall formulate a recommendation to the Planning Commission for final approval. This Agreement shall include, but is not limited to, the following: 1. Number of Units. The total number of units approved for the projects, including the number of affordable housing units. 2. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units. 3. Target Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Rent or Sales Price, or a commitment to provide a Senior Citizen Housing Development. 4. Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units. 5. Schedule. A schedule for the completion and occupancy of the affordable housing units. " 6. Remedies for Breach. A description of the remedies for breach of the Agreement by either party. 7. Required Term of Affordability. For lower income and very low income units, duration of affordability of the housing units, pursuant to Section CITY OF SEAL BEACH MUNICIPAL CODE 207 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 11.4.55.025.B: Duration of Affordability of Rental Units, above. Provisions should also cover resale' control and deed restrictions on targeted housing units that are binding on property upon sale or transfer. . 8. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units. 9. Other Provisions. Other provisions to ensure implementation and compliance with this Chapter. 10. Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the Affordable Housing Agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units: a. Target Units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents as defined by this Chapter. b. Target Units shall be initially owner-occupied by eligible Very Low, Lower, or Moderate Income Households. c. Upon resale, the seller of a Target Unit shall retain the . value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The City's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale. 11. Rental Housing Developments. In the case of rental housing developments, the Affordable Housing Agreement shall provide for the following Gonditions governing the use of Target Units during the use restriction period: a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants. b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter. c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. . E. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements: . CITY OF SEAL BEACH MUNICIPAL CODE 208 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 1. General. At least a.1 year notice shall be required prior to the conversion of any rental units for affordable households to market-rate. 2. Required Notice. Notice shall be given to the following: a. The City; b. The State Housing and Community Oevelopment Department (HCD); c. d. be converted; and The Orange County Housing Authority; The residents of the affordable housing units proposed to e. Any other person deemed appropriate by the City. F. Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking 1 or more of the following actions: 1. Meet with the owner to determine the owner's financial objectives; 2. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and 3. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding. S 11.4.55.030 Density Bonuses for Housing Developments Accompanied by land Donation. The City shall grant a density bonus pursuant to Section 11.4.55.010: State Affordable Housing Density Bonus, above, to a housing development if the applicant agrees to donate land to the City and the applicant satisfies all of the following requirements: A. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; B. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income CITY OF SEAL BEACH MUNICIPAL CODE 209 TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS households in an amount not less than 10 percent of the number of residential units of the proposed development; . C. The transferred land is at least 1 acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure, as determined by the Director; D. The transferred land has appropriate zoning and development standards to make the development of the affordable units feasible, as determined by the Oirector; E. Prior to the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land has all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review if the design is not reviewed by the City prior to the time of transfer; F. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units meeting the requirements of . an affordable housing agreement as set forth in Section 11.4.55.025.D: Affordable Housing Agreement Required; G. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer; and H. The transferred land is within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development. . CITY OF SEAL BEACH MUNICIPAL CODE 210 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.60 Hazardous Waste Facilities Sections S 11.4.60.005 S 11.4.60.010 S 11.4.60.015 S 11.4.60.020 S 11.4.60.025 S 11.4.60.030 S 11.4.60.035 S 11.4.60.040 S 11.4.60.045 S 11.4.60.050 S 11.4.60.055 S 11.4.60.060 Purpose Definitions Applicability Procedure Applicant Requirements Environmental Review local Assessment Committee Public Hearings Findings Appeals Facility Siting Criteria and Permitting Requirements Special Development Requirements S 11.4.60.005 Purpose. The purpose of this section is to establish uniform standards, land use regulations, and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. The Zoning Ordinance has been amended to implement general policies regarding hazardous waste management facilities pursuant to State Assembly Bill No. 1201 - Tanner, 1989, Assembly Bill 2948 - Tanner, 1986, and Assembly Bill 477 - Greene, 1987 (Chapter 6.5 of the California Health and Safety Code), and Program A-3 in the Orange County Hazardous Waste Management Plan. S 4.60.010 Definitions. For the purpose of this Section the terms listed in this section shall be defined as follows; provided, however, references to statutes or regulations in existence at the time this Chapter is adopted shall also include references to such statutes or regulations as they may be amended or changed in the future: A. "Applicanf': any person applying to the City for a Conditional Use Permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" of State Health and Safety Code Section 25199.1(i). B. "General Fund': the State of California General Fund. CITY OF SEAL BEACH MUNICIPAL CODE 211 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . C. "Governor's Appeal Board': a board formed to review the appeal by an "applicant," as defined herein, of a specified hazardous waste facility land use decision disapproved by the City or of 1 or more conditions of approval placed on an approved specified hazardous waste facility or an appeal by an "Interested person," as defined' herein. The Governor's Appeal Board's membership, purpose and procedures are defined by State Health and Safety Code Section 25199.9.-14. D. "Hazardous Waste": any material identified in: 1. Section 25115 or 25117 of the California Health and Safety Code as set forth in Section 66680 and 66684 of Title 22 of the California Administrative Code; or 2. The Code of Federal Regulations, Title 40, Sections 261.31- 261.33. E. "Health and Safety Assessmenf': a technical and environmental evaluation of a proposed facility, site, and surrounding area prior to consideration of a Conditional Use Permit application. The assessment shall consider the qualities and the physical and chemical characteristics of those specific types of waste that would be handled. The assessment shall include a hydraulic evaluation as well as an evaluation of the risks due to flooding, earthquakes and potential water or air pollution. It is not intended that the Health and Safety Assessment duplicate . information developed for environmental impact reports or risk assessments required under local, state or federal regulations. F. "Immobile Populations": schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities. G. "Interested Person": a person who participated in 1 or more public meetings or hearings held to consider an application for a land use decision for a specified hazardous waste facility project. "Participation" as defined by State Health and Safety Code Section 25199.1 (c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at the meeting or hearing. H. "Land Use Decision": a discretionary decision of the City concerning a specified hazardous waste facility including the issuance of land use permit, a Conditional Use Permit, the granting of a Variance, the subdivision of property and the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the Government Code. I. "Local Assessment Committee (LAC)": a State-required committee of locally appointed representatives, designed to represent, generally, the interests of the residents in the City and residents in adjacent communities in meetings with the . CITY OF SEAL BEACH MUNICIPAL CODE 212 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS applicants of a proposed hazardous waste facility. The membership, duties, and mission of the Committee are defined by State Health and Safety Code Section 25199.7(d), as reiterated under Section 11.4.60.035: Local Assessment Committee, below. J. "Off-site Hazardous Waste Facility": any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than 1 producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including but not limited to: 1. incineration facility (i.e., rotary kiln, fluid bed, etc.); 2. residual repository (receives only residuals from hazardous waste treatment facilities); 3. stabilization/solid ification facilities; 4. chemical oxidation facilities; 5. neutralization/precipitation facilities; or 6. transfer/storage facilities. K. "Office of Pennit Assistance (OPA)": the State of California Office of Permit Assistance. L. "Office of Planning and Research (OPR)": the State of California Office of Planning and Research. M. "Residuals Repository": a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities. N. proposal. "Specified Hazardous Waste Facility': a specific off-site facility project S 11.4.60.015 Applicability. The specific requirements of this Section are applicable to the siting and development of off-site hazardous waste treatment, storage, transfer and disposal facilities as defined in Section 11.4.60.010: Definitions, above. The off-site facility definition does not apply to: 1. Transportable Treatment Units (TTU) , which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or CITY OF SEAL BEACH MUNICIPAL CODE 213 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 2. Permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste. All such facilities (Le., off-site, on-site, and TTU'S) shall require state licensing to install and operate. S 11.4.60.020 Procedure. The following procedures are for the purpose of identifying the steps for processing a Conditional Use Permit application pursuant to Chapter 11.5.20: Development Permits, for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the applicant, State and City. A. At least 90 days before filing an application with the City for a Conditional Use Permit for a specified hazardous waste facility project, the applicant shall file, with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research and with the City, a Notice of Intent to make an application. The Notice of Intent shall specify the location to which the Notice of Intent is applicable and shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the affected state agencies of the Notice of Intent. The City shall publish a notice in a newspaper of general circulation in the . area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment role. A Notice of Intent is not transferable to a location other than the location specified in the notice and shall remain in effect for 1 year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. The project applicant shall pay a City-imposed fee equal to the cost of notification required by this section. (Requirement of Section 25199. 7(a) of the California Health and Safety Code.) B. Within 90 days after a Notice of Intent is filed with the OPA, the OPA shall convene a public meeting within the City to inform the public of the nature, function, and scope of the proposed facility project and the procedures that are required for considering applications for the project. OPA shall provide notice to the City setting forth the location and time of the meeting so that City representatives may attend. (Requirement of Section 25199.7(c) of the California Health and Safety Code. ) C. Any time after receiving notification of the filing of a Notice of Intent but no later than 30 days after the application for a specified hazardous waste facility project is accepted as complete, the City Council shall appoint a 7 -member Local Assessment Committee (LAC) pursuant to the provisions of Section 11.4.60.035; Loca/ Assessment Committee, below. The project applicant shall pay a fee to cover . CITY OF SEAL BEACH MUNICIPAL CODE 214 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . the City's costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision. (Requirement of Section 25199.7(d) of the California Health and Safety Code.) D. The City shall notify the OPA within 10 days after an application for a land use decision (Conditional Use Permit) for a specified hazardous waste facility project is accepted as complete by the City. Within 60 days after receiving this notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the agencies that are required to review the project and the issues which concern the public. The meeting shall take place in the City. (Requirement of Section 25199.7(4)(e) of the California Health and Safety Code. ) E. Following the meeting as contemplated in Section 11.4.60.020.0., the applicant and the LAC shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project may be acceptable to the community. (Requirement of Section 25199. 7(4)(f) of the California Health and Safety Code.) . F. At the request of the applicant, the City Council shall, within 60 calendar days after the City has determined that an application for a Conditional Use Permit for a hazardous waste facility is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both the City General Plan and Zoning Ordinance in effect at the time the application was received, and the Orange County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California Health and Safety Code.) . 1. If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the City to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following: a. Assist the committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the califomia Environmental Quality Act (Division 13, commencing with Section 21000, of the Public Resources Code) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit. b. Advise the LAC in its meetings and discussion with the facility proponent to seek agreement on the terms and conditions under which the project.may be acceptable to the community. CITY OF SEAL BEACH MUNICIPAL CODE 215 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 2. The project applicant shall pay a fee equal to the amount of any technical assistance grant provided to the LAC from the City. . 3. The City shall deposit any fee imposed in an account created in the City, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project applicant upon completion of the review of the proposed hazardous waste facility project. (Requirement of Section 25199.7 of the California Health and Safety Code.) G. An applicant may file an appeal of a use permit determination made by the final approval body for a specified hazardous waste facility project with the Governor or the Governor's designee. (Requirement of Section 25199.9 of the California Health and Safety Code.) S 11.4.60.025 Applicant Requirements. In connection with a submittal of a Conditional Use Permit application pursuant to Chapter 11.5.20: Development Permits, for an off-site hazardous waste facility, the applicant shall submit: A. A completed application form. . B. A completed environmental assessment form. C. Property owner verification/permission for request. D. A depositlfee as required by City Council Resolution. E. A scaled site plan and development plan drawn in sufficient detail to clearly describe the following: 1. Physical dimensions of property and structures; 2. Location of existing and proposed structures; 3. Setbacks; 4. Methods of circulation; 5. Ingress and egress; . 6. Utilization of property under the requested permit; 7. The distance from the project property lines to the nearest residential structure; 8. Proximity of the project to 1 OO-year floodplain areas; 9. Proximity of the project to any known earthquake fault zones; 10. The relationship of the proposed project to all above-ground water supplies as well as known underground aquifers that could conceivably suffer contamination; 11. Topographic description of the property and surrounding area; . CITY OF SEAL BEACH MUNICIPAL CODE 216 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 12. service the facility; 13 14. Existing and proposed utilities which service or will be needed to Identification of surrounding zoning and land uses; Landscape plans showing theme and location of all landscape areas; 15. Building elevations showing building height, exterior materials, and architectural theme; and 16. Other information as required by the Oirector. F. A preliminary geological study of the property and surrounding area which incorporates as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers. G. A report identifying of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge. H. A report identifying of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility. I. Within 45 days of a scheduled public hearing on an Environmental document or the Conditional Use Permit, five sets of mailing labels and an original copy as outlined in Section 11.4.60.040: Public Hearings, below. J. A schedule that clearly sets forth ample opportunity for public input into the proposed project prior to any formally advertised and scheduled public hearings, in order to ensure adequate public testimony on the project in an effort to mitigate all public concerns prior to the formal review. K. A written plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary. by other permitting agencies such as State Oepartment of Health Services, the South Coast Air Quality Management District, Environmental Protection Agency, Santa Ana Regional Water Quality Control Board, etc. L. A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste CITY OF SEAL BEACH MUNICIPAL CODE 217 TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 11.4.60.060.c: Contingency Plan, below. . M. A letter of justification describing how the proposed project will meet the findings in Section 11.4.60.045: Findings, below. N. Other information as required by the Director to demonstrate compliance with the Facility Siting Criteria as outlined in Section 11.4.60.055: Facility Siting Criteria and Permitting Requirements. S 11.4.60.030 Environmental Review. A. The project shall be subject to environmental analysis pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000- 21177; 15000-15387). B. following: The environmental analysis shall address but not be limited to the 1. At least 2 reasonable alternatives to the project which shall be reviewed pursuant to the California Environmental Quality Act (Public Resources . Code Section 15060(d).). 2. Visual, noise and any olfactory impacts associated with the project and recommended mitigation measures. 3. All anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area. 4. All probabilities of accidents or spills at the site, as well as, transportation-related accidents from the point of origin to the facility. Such health and safety assessment shall identify mitigation measures to reduce identified risks. The assessment shall identify the most probable routes for transporting hazardous wastes to the facility from within Orange County and Los Angeles County. 5. Traffic impacts associated with the project and recommended mitigated measures. 6. All anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area. 7. Other information as required by the California Environmental . Quality Act. CITY OF SEAL BEACH MUNICIPAL CODE 218 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.60.035 local Assessment Committee. Pursuant to Section 11.4.60.020: Procedure, sub-section C, above, the City Council shall appoint a Local Assessment Committee (LAC) comprising at least 7 members. A. Membership. The membership of the LAC shall: 1. Be broadly constituted to reflect the makeup of the community and shall include 3 representatives of the community at large, 2 representatives of environmental or public interest groups, and 2 representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed specified hazardous waste facility project. (Requirement of Section 25199.7(d)(1) of the California Health and Safety Code.) 2. Advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. The LAC shall do the following: a. Enter into a dialogue with the applicant for the proposed hazardous waste facility project to reach an understanding with the applicant on: i. The measures that should be taken by the applicant in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the City. ii. The special benefits and remuneration the applicant will provide the City as compensation for the local costs associated with the operation of the facility. (Requirement of Section 25199.7(d)(2)(a) of the California Health and Safety Code.) 3. Represent generally, in meetings with the applicant, the interests of adjacent communities. (Requirement of Section 25199.7(d)(2)(B) of the California Health and Safety Code.) 4. Receive and expend the technical assistance grants made available as specified in Section 4.60.020.F, above. (Requirement of Section 25199.7(d)(2)(C) of the California Health and Safety Code.) 5. Adopt rules and procedures which are necessary to perform its duties as outlined herein. (Requirement of Section 25199.7(d)(2)(D) of the California Health and Safety Code.) CITY OF SEAL BEACH MUNICIPAL CODE 219 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 6. Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the LAC and the applicant and of any additional information which the LAC deems appropriate. The legislative body of the City may use this advice for its independent consideration of the project. (Requirement of Section 25199. 7(d)(2)(E) of the California Health and Safety Code.) . 7. Cease to exist after final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed. (Requirement of Section 25199.7(d)4) of the California Health and Safety Code.) B. The approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health and Safety Code.) C. If the LAC and the applicant cannot resolve any differences through the meetings specified in Section 11.4.60.020: Procedure; subsection E. above, the OPA may assist pursuant to Section 25199.4 of the California Health and Safety Code. (Requirement of Section 25199. 7(h) of the California Health and Safety Code.) S 11.4.60.040 Public Hearings. . A. Information Required for Public Hearing. The applicant shall provide the following information on 5 sets of mailing labels and an original set within 45 days of a scheduled public hearing: 1. A listing of all property owners within 500 feet of the boundaries of the proposed project as shown on the latest equalized assessment roll of Orange County. 2. A listing of all addresses within 500 feet of the boundaries of the proposed project if: a. The property is not occupied by the property owner (tenant occupied); or b. The property .is not yet listed on the latest equalized assessment roll of Orange County. 3. A listing of all owners associations governing property within 500 feet of the boundaries of the proposed project. 4. A map which is keyed to all of the above listings. . B. Public Notices. . CITY OF SEAL BEACH MUNICIPAL CODE 220 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 1. Notice of a public hearing shall be given not less than 15 days nor more than 60 days prior to the date of the hearing. 2. Notices shall contain information on the project, including a brief description of the proposal, the environmental review status, and the hearing date, time and location. 3. Notices shall be mailed out to all names on the list required by Section 11.4.60.040.A: Information Required for Public Hearing, above. 4. Notices shall be displayed on the property and at public posting sites designated by the City Council and/or published in newspaper(s) of general circulation. C. Public Hearings. 1. The Oirector shall set the time and place of public hearings required to be held by the Planning Commission. 2. The Planning Commission shall hold at least 1 public hearing and shall approve, deny or conditionally approve the request by resolution based on the findings required in Section 11.4.60.045: Findings, below. D. Time Limits. The Conditional Use Permit for a hazardous waste facility shall become valid 15 days after the date of the decision by the Planning Commission unless appealed. If appealed and then approved by the City Council, it shall become valid on the date of City Council adoption of the resolution of approval. S 11.4.60.045 Findings. No Conditional Use Permit shall be granted pursuant to Chapter 11.5.20: Development Permits, unless the Planning Commission adopts a resolution setting forth the following findings: A. The project will be consistent with the General Plan. B. The project will not be detrimental to the health, safety or general welfare of the community. C. The project site is or will be adequately served by roads and other public or private service facilities. CITY OF SEAL BEACH MUNICIPAL CODE 221 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS D. The project will be consistent with the Regional Fair Share Facility Needs Assessment and siting policies established in the Orange County Hazardous Waste Management Plan. . E. The project will comply with the Facility Siting Criteria per Section 11.4.60.055: Facility Siting Criteria and Permitting Requirements, below. S 11.4.60.050 Appeals. A. Any decision of the Planning Commission may be appealed to the City Council by the applicant, the City Council, or any interested person as defined in Section 11.4.60.010: Definitions, above within 15 days of the date of the decision. B. Appeals shall be filed with the City Clerk and shall be accompanied by a letter stating the reasons for the appeal. The City Clerk shall schedule the appeal for a hearing within 60 days of receipt of the appeal. C. An appeal shall be accompanied by a deposit/fee as required by the City Council. An appeal by a member of the City Council shall not be subject to the payment of a depositlfee. O. The City Council shall hold at least 1 public hearing on any appeal in . accordance with Section 11.4.60.040: Public Hearings, above. E. The City Council may affirm, reverse or modify the previous decision. The decision of the City Council shall be final unless appealed pursuant to Sub- Section F, below. F. An applicant or an interested person may file an appeal of a Conditional Use Permit determination made by the City Council to the Governors Appeals Board within 30 days after the date the City takes final action on the land use decision pursuant to the California Health and Safety Code Section 25199.9. An interested person may appeal only on the basis that the conditions imposed do not adequately protect the public health, safety or welfare. Procedures for filing an appeal are outlined in Sections 25199.9.-14 of the California Health and Safety Code. S 11.4.60.055 Facility Siting Criteria and Permitting Requirements. The following siting criteria has been established for use by hazardous waste facility applicants in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria are to reduce public health and environmental risks and . governmental costs associated with development of the facility. (Reference: CITY OF SEAL BEACH MUNICIPAL CODE 222 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS "January 1989 Orange County Hazardous Waste Management Plan, with Amendments Jun,e 1991" - Table V-3.) A. Protect the Residents of Orange County (and Seal Beach). 1. Health and Safety Assessment. All Facilities: Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a Health and Safety assessment. A Health and Safety Assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A Health and Safety Assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the Siting Criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the Health and Safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the Health and Safety Assessment. The Health and Safety Assessment shall evaluate, at minimum the area within 2,000 feet of the site, which is designated as a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential populations, employment populations, and immobile populations such as those in schools, hospitals, convalescent homes, jails and other similar facilities within the area of potential impact. The Health and Safety Assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operational practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The Assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The Assessment will detail credible potential accidents, including the distance over which effects would carry a variety of options for reducing risks, and procedures for dealing with the effects. The Assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with onsite trained personnel and equipment. CITY OF SEAL BEACH MUNICIPAL CODE 223 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Oepartment of Health Services. . 2. Distance from Populations. Treatment, Recycling and Collection Facilities: Facilities shall comply with local minimum zoning code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required Health and $afety Assessment. Residuals Repositories: A minimum buffer distance of 2,000 feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code Section 25202.5(b) and (d). The size of the buffer zone necessary to protect public health and safety will be identified based on a required Health and Safety Assessment. B. Ensure the Structural Stability of the Facility. 1. Floodplains. All Facilities: Facilities must be designed, constructed, operated . and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required Health and Safety Assessment will address flooding risks associated with the facility. Treatment, Recycling and Collection Facilities: Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent inundation or washout. Residuals Repositories: Repositories are prohibited from locating in floodplain areas subject to 100-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (cFR), Title 40, Section 264.18(b), and California Administrative Code (CAC) , Title 22, Section 66391(a)(11)(b). 2. Earthquakes. . CITY OF SEAL BEACH MUNICIPAL CODE 224 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS All Facilities: Facilities must have a minimum of 200-foot setback from active or recently active earthquake faults, per the California Administrative Code (CAC) , Title 22, Section 6391(a)(11)A(1) and (2). The required Health and Safety Assessment will address earthquake safety of the facility. 3. Unstable Soils. Treatment, Recycling and Collection Facilities: Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other sever geologic constraints. The required Health and Safety Assessment will include a geologic report defining any such constraints and engineered solutions. Residuals Repositories: Repositories are prohibited form locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations, Title 23, Subchapter 15, Section 2531(e). The required Health and Safety Assessment will include a geologic report. C. Protect Surface and Groundwater Quality. 1. Containment and Groundwater Monitoring. All Facilities: Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection, spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe without them through the Health and Safety Assessment. An ongoing groundwater monitoring program should be developed in consultation with local, state and water district representatives. 2. Water Quality. All Facilities: Facilities shall not be sited within watershed areas which flow to open reservoirs or aqueducts that contain drinking water supplies. Facilities shall not be located such that domestic water supply wells can be adversely affected from unauthorized releases of contaminants. As a guideline, facilities should not be located within 1 mile of domestic supply wells in the Forebay area (principal recharge area to the Orange County groundwater basin), or 0.5 miles from domestic supply wells in the pressure area of the Orange County groundwater CITY OF SEAL BEACH MUNICIPAL CODE 225 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS basin, unless demonstrated to be safe at closer proximity through the Health and Safety Assessment. Facilities shall not be located within wellhead protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts, unless demonstrated to be safe at closer proximity through the Health and Safety Assessment. Facilities shall not be located where they may impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or groundwater resources which have been identified for beneficial uses by the Regional Water Quality Control Board Basin Plan (per State Water Resources Control Board Policy Resolution 88- 63, or subsequent Board Resolution). The required Health and Safety Assessment will identify water quality issues. Facilities must meet federal, state and local water quality requirements. Treatment, Recycling and Collection Facilities: Facilities are encouraged to locate outside of structured recharge areas to regional aquifers as defined in local or state plans, including injection barrier well areas. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: a. Major aquifer recharge areas; b. Areas of permeable strata and soils; c. Areas where the existing groundwater has beneficial uses as described in the Basin Plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension- saturated zone. Residuals Repositories: Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the Basin Plan. Repositories must be sited, designed and operated to 'ensure that hazardous materials will always be above the tension-saturated zone. 3. Wastewater. All Facilities: Facilities generating wastewaters should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state and local agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit. CITY OF SEAL BEACH MUNICIPAL CODE 226 . . . . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS o. Protect Air Quality. 1. Air Quality Non-Attainment and PSD Areas. All Facilities: Facilities are prohibited in Class I areas as identified in the Clean Air Act, and within wilderness, National Parks, memorial areas and similarly dedicated areas. Facilities may be sited in other non-attainment and PSD (Prevention of Significant Deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District. The required Health and Safety Assessment will identify air emissions, impacts and mitigations associated with the facility. E. Protect Environmentally Sensitive Areas. 1. Wetlands. All Facilities: Facilities are prohibited from locating in wetlands such as saltwater, fresh water and brackish marshes, swamps and bogs, as defined in local, regional and state plans and policies (generally, areas inundated by surface or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction). 2. Animal and Plant Habitats. All Facilities: Facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or state plans and policies. 3. Prime Agricultural lands. All Facilities: Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated. 4. Recreational, Cultural and Aesthetic Resources. Collection Facilities: Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, state or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas. CITY OF SEAL BEACH MUNICIPAL CODE 227 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Treatment and Recycling Facilities and Residuals Repositories: Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies. . 5. Mineral Resource Areas. All Facilities: Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded. 6. Military lands. All Facilities: Facilities are prohibited from locating on military lands by the policy of the U.S. Oepartment of Oefense (DOO). F. Ensure Safe Transportation of Hazardous Waste. 1. Proximity to Waste Generation Areas. Treatment, Recycling & Collection Facilities: Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to . minimize the risks of transportation. Residuals Repositories: Repositories may be located further from the sources of hazardous waste generation than other facilities because of the need for greater operating areas and buffer zones. 2. Proximity and Access to Major Routes. All Facilities: Facilities shall be located to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required Health and Safety Assessment will evaluate risks associated with transportation of hazardous wastes. G. Protect the Social and Economic Goals of the Community. 1. Consistency with General Plan. . CITY OF SEAL BEACH MUNICIPAL CODE 228 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS All Facilities: Facilities must be consistent with local planning policies, including the City or County general plan and zoning ordinances. 2. Fiscal Impact. All Facilities: A facility's fiscal impact upon the City must be delineated. 3. Socioeconomic Impacts. All Facilities: The City shall require the facility developer to fund an independent study on socioeconomic impacts of the facility. 4. Consistency with Orange County Hazardous Waste Management Plan. All Facilities: Facilities shall be consistent with the goals and policies of the Orange County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established herein. Facilities shall be consistent with the fair share principal, and with any inter-jurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Orange County, or to meet the County's broader regional commitments under an inter-jurisdictional agreement. S 11.4.60.060 Special Development Requirements. A. General Conditions. The City may impose conditions on the granting of a Conditional Use Permit for a hazardous waste facility in order to achieve the purposes of this Article and the General Plan and to protect the health, safety and general welfare of the community. B. Safety and Security. 1. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility. 2. The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility. CITY OF SEAL BEACH MUNICIPAL CODE 229 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 3. An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm) shall be constructed which completely surrounds the facility. . 4. All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend, "Oanger- Hazardous Waste Area - Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish and any of the language predominate in the area surrounding the facility, and shall be legible from a distance at least 50 feet. Existing signs with a legend other than "Oanger - Hazardous Waste Area - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous. C. Contingency Plan. 1. The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned . release occurs. 2. The contingency plan shall include: a. The actions employees must take in response to a fire, explosion, unplanned release of hazardous waste; b. Arrangements agreed to by local emergency response officials; c. The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with 1 person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan; d. A listing of all emergency ~quipment at the facility, including its location and an outline of its capabilities; e. An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes. . CITY OF SEAL BEACH MUNICIPAL CODE 230 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 3. Facility Emergency Coordinator Responsibilities shall be identified in the contingency plan to include, at minimum, the following: a. In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact appropriate state or local emergency response agencies. b. In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards, both direct and indirect, to human health or the environment that may result from the emergency. c. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his findings as per the following Subsections d and e. d. If evacuation is necessary, local officials shall be so notified. e. The emergency coordinator shall, in every situation, notify the State Office of Emergency Services at 1-800-852-7550 providing the following information: Name and telephone number of person reporting; Name and address of facility; Time and type of incident; Name and quantity of material(s) involved; Extent of injuries; and Possible hazard to human health and the i. ii. iii. iv. v. vi. environment outside facility. f. During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as: i. Stopping operations; ii. Collecting and containing released waste; and iii. Removing or isolating containers. g. If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-ups, gas generation or ruptures in valves, pipes or other equipment as appropriate. h. Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion. i. Other activities required of the emergency coordinator after an emergency are: i. No wastes incompatible with the release material is handled until clean-up is completed; and CITY OF SEAL BEACH MUNICIPAL CODE 231 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . ii. Emergency equipment is cleaned and ready for use before operations are resumed. 4. OwnerlOperator Responsibilities shall be identified in the contingency plan to include, at minimum, the following: a. Notify the State Oepartment of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area. b. Record the time, date and details of any incident which requires implementing the contingency plan. c. Within 15 days submit a written report on the incident to the State Department of Health Services. The report shall include: i. Name, address and telephone number of the owner/operator; ii. Name, address and telephone number of the facility; iii. Date, time and type of incident; iv. Name and quantity of materials involved; v. Extent of any injuries; vi. Assessment of actual or potential hazards to human health or the environment, where applicable; and vii. An estimate of the quantity of material recovered . and its disposition. d. A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to Public Safety, Orange County Fire Authority, surrounding hospitals, Orange County Health Care Agency, and other regulatory agencies as deemed appropriate. e. The contingency plan shall be reviewed and amended when any of the following occur: i. The facility permit is revised; ii. Applicable regulations are revised; iii. The plan fails in an emergency; iv. Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste; v. The list of e!'T'ergency coordinators changes; vi. The list of emergency equipment changes. O. Monitoring. 1. Upon reasonable notice, the City, their designated representatives and representatives of other agencies may enter a parcel on which a Conditional Use Permit for a hazardous waste facility has been granted for the . purpose of monitoring the operation of the facility. CITY OF SEAL BEACH MUNICIPAL CODE 232 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. The holder of a Conditional Use Permit for a hazardous waste facility shall report quarterly to the City the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. The report should also include a map showing the exact location (coordinates and elevation) by quantity and types of materials placed in repositories or otherwise stored or disposed of on-site.) 3. All structures shall remain accessible for inspection purposes. E. Closure Plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall include at least: 1. A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility. 2. An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility. 3. A description of the steps needed to decontaminate facility equipment during closure. 4. An estimate of the expected year of closure and a schedule for final closure. The schedule shall include a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. The owner or operator may amend his closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner, or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change of operating plans or facility design, a modification of the closure plan shall be requested at the same time. CITY OF SEAL BEACH MUNICIPAL CODE 233 TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS 5. The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project; the nature and type of reclamations, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to insure no hazardous materials are leaking from the site. . 6. The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post closure monitoring maintenance, per Section 4.60.060.F: Financial Responsibility, sub-section 3, below. F. Financial Responsibility. The owner/operator shall show proof of liability insurance as follows: 1. The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions . of approval. 2. Additionally, coverage will be provided for workers compensation insurance and such other insurance as may be required. Such insurance will name the City as either additional insured or as an additional loss payee. Certificates of Insurance will be submitted to the City annually. 3. An Irrevocable Trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of hazardous wastes received and processed or percentage of gross income. The terms of the Trust would be as agreed upon by the project owner/operator and the City. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure, monitoring and maintenance costs. Applicant shall provide a bond in an amount to be determined by the City for purposes of closure of the site. 4. The owner/operator shall defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility. . CITY OF SEAL BEACH MUNICIPAL CODE 234 . . . TITLE 11 - ZONING PART IV: REGULA T/ONS APPL YING IN SOME OR ALL DISTRICTS G. Use of Permit. 1. A Conditional Use Permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application. 2. Conditional Use Permits granted for an off-site hazardous waste facility shall be used within 3 years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of 5 years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than 5 years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the final approval body, on forms provided by the Oevelopment Services Department and shall be filed with the Director, accompanied by the appropriate fee. Within 60 days following the filing of a request for an extension, the director shall set the matter as an advertised public hearing on the regular agenda of the final approval body. An extension of time may be granted by the final approval body upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of 10 years, calculated from the effective date of the issuance of permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion. 3. Permit Review and Renewal. Permit review and renewal shall be determined at the time of approval and shall not exceed 5 years. CITY OF SEAL BEACH MUNICIPAL CODE 235 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 236 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.65 Tattoo Establishments Sections: S 11.4.65.005 S 11.4.65.010 S 11.4.65.015 S 11.4.65.020 S 11.4.65.025 S 11.4.65.030 S 11.4.65.035 S 11.4.65.040 S 11.4.65.045 S 11.4.65.050 Permit Requirement Definitions location License Requirements Maintenance of Premises Source of Dyes and Inks Maintenance of Pigments, Dyes and Equipment Maintenance of Stencils Tattooing Operations Inspections; Health Services Fee Schedule S 11.4.65.005 Permit Requirement. A Conditional Use Permit is required to establish a tattoo establishment pursuant to Chapter 11.5.20: Development Permits. S 11.4.65.010 Definitions. As used In the Chapter, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively. A. "Health Office;': that person or office designated by order of the City Council' of the City of or by contract approved by the Council as the person or office having responsibility for the enforcement of the provisions of this article. B. "Operato;': any person, whether the proprietor or another person, administering a tattoo to any customer or a tattooing establishment. C. "Proprieto;': the person having general control and management over the conduct of business at a tattooing establishment, whether or not such person is the legal owner of the premises or the business. D. "Tattoo": an indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars. E. "Tattoo establishmenf': any premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use. CITY OF SEAL BEACH MUNICIPAL CODE 237 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.65.015 location. Tattoo establishments shall be located a minimum distance of 1,000 feet from other tattoo establishments. S 11.4.65.020 License Requirements. Tattoo establishments shall have all licenses required by the State, County or City. S 11.4.65.025 Maintenance of Premises. A. All tattooing establishments shall be equipped with running hot and cold water; with adequate toilet facilities and with all such appliances, furnishings, and materials as may be necessary to enable persons employed in and about such establishments to comply with the requirements of this Chapter. B. The floors, furnishings, and equipment of tattooing establishments shall be kept clean at all times during business hours. For the purposes of this paragraph a floor shall not be considered clean if it has not been swept and mopped within the . preceding 24 hour period C. All operating tables in tattooing establishments shall be constructed of metal with white enamel or porcelain finish, or stainless steel. O. Each tattooing establishment shall have adequate lighting and ventilation. For purposes of this paragraph lighting or ventilation shall be considered as inadequate if it fails to comply with a standard prescribed by the Health Officer. E. No tattooing establishment shall be used as a sleeping room or dormitory. S 11.4.65.030 Source of Dyes and Inks. A. Proprietors of tattooing establishments shall, on request of the Health Officer, submit in writing to the Health Officer the source of all dyes or inks retained for use In tattooing operations, and thereafter shall notify the Health Officer in writing of any dyes or inks obtained for use In tattooing operations from any source other than those previously submitted. B. No dyes or inks from any sources which have been disapproved by the Hea.lth Officer shall be retained available for use in tattooing operations. . CITY OF SEAL BEACH MUNICIPAL CODE 238 . . . TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.65.035 Maintenance of Pigments, Dyes and Equipment No pigments, dyes, or equipment shall be retained available for use in tattooing operations unless cleaned and sterilized as provided in this section. For purposes of the section, equipment shall include needles, needle lubes, towels, blade holders, wiping cloths, paper towels and napkins, charcoal, gauze bandages (unless purchased in individual sterile packages), and all similar items. A. All equipment shall be thoroughly cleaned before being sterilized. Instruments shall be cleaned with soap or detergent by use of a brush. The interior of needle barrels shall be brushed. After cleaning, equipment shall be thoroughly rinsed under running fresh tap water. B. All equipment shall be sterilized by autoclaving. Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving. Metal foil may not be used. Tattooing needles shall be threaded through the metal tube that attaches to the tattooing vibrator and shall be placed in a glass (or autoclavable plastic test tube) with a cotton plug for autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one tattoo and then be discarded. All packs shall be marked with temperature recording tape or labels. C. Dyes or inks shall be used from containers with a cap that completely covers the opening and is attached to the neck of the dye container, sterilized in an autoclave after first being filled with the dye. Dye shall be handled utilizing antiseptic techniques and the dye containers filled with dye shall be autoclaved at least once a week or more often If necessary to keep the dye in a sterile condition. The dyes may be placed in Teflon squeeze bottles that will withstand autoclaving. D. Steam sterilization of the above listed equipment shall be accomplished in an autoclave with at least 15 pounds pressure per square inch (2510F) for at least 15 minutes. Other means of sterilization may be approved by the Health Officer. E. All sterilized dyes, pigments and equipment shall be stored in a manner which will insure sterility at the time of use. F. Proprietors shall maintain sufficient sterilized equipment available at the beginning of each workday to allow completion of such workday without requiring resterilization of such equipment. CITY OF SEAL BEACH MUNICIPAL CODE 239 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.65.040 Maintenance of Stencils. No stencil, whether new or used, shall be retained in a manner available for use in any tattooing operation unless it has been pre-cleaned and disinfected in the following manner: A. Each stencil must be pre-cleaned by being scrubbed with soap and brush to the extent necessary to remove any accumulations of carbon and Vaseline in the etched grooves of the stencil. B. Each stencil, after being pre-cleaned and dried, must be disinfected by being soaked, design-cut side down, in a closed container of 70% alcohol for not less than 30 minutes at room temperature. C. Each stencil, after being disinfected, shall be air dried for not less than 30 minutes by being suspended in a manner exposing both sides to the air, and thereafter shall be stored for next use in a clean envelope. S 11.4.65.045. Tattooing Operations. All tattoo establishments shall comply with the following operation standards. . A. Skin Condition of Customers. No tattooing operation shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions. B. Potential Health Risks. The establishment owner shall provide written information as required by the Health Officer about blood-borne diseases and their transmission to all tattoo operators and maintain records to verify operator receipt of this information. The tattoo operator shall inform the customer, of any potential health risks involved whenever the skin is violated as required by the Health Officer. C. Health Conditions of Operator. No tattooing operations shall be performed unless the operator is free of communicable diseases and pustular skin lesions. O. Smoking. No operator shall smoke while performing a tattooing operation. E. Apparel of Operator. The operator must wear a clean, light-colored, short-sleeved smock while performing the tattooing operation. . CITY OF SEAL BEACH MUNICIPAL CODE 240 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS F. Cleanliness of Operator. No operator shall perform a tattooing operation with unclean hands. For purpose of this paragraph hands shall not be considered clean unless they have been thoroughly washed with soap from a single service dispenser and warm water vigorously rubbing all surfaces of lathered hands for at least 10 seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single service towels from a dispenser or hot air blower. If a liquid soap is used, the dispenser shall be cleaned and filled with fresh soap only when empty. Tattoo operators shall wear protective gloves while handling needles or blades, or doing any procedure that may cause bleeding. Gloves shall be discarded between each customer. G. Shaving. No tattooing operation involving shaving shall be performed unless the skin is washed with soap prior to the shaving and unless the blade used In shaving is previously unused and unless the blade holder has been autoclaved since its previous use. H. Skin Preparation. No tattooing operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this paragraph, skin shall be considered adequately prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently 3 times with 70% Isopropyl alcohol, using a separate sterile gauze pad each such time; and no alternate method of skin preparation shall be considered adequate unless approved in writing by the Health Officer. I. Use of Stencils. No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with: 1. Each stencil must be precleaned pursuant to Section 4.65.040: Maintenance of Stencils, above. 2. Each stencil, having been precleaned, must be wiped with sterile gauze soaked in 70% alcohol and air dried immediately prior to its use, in the tattooing operation. 3. Petroleum jelly used for stencils must be obtained from a collapsible tube which has not previously been used in any tattooing operation and must be applied to the skin with sterile gauze which has not previously been used. J. Use of Approved Dyes. No tattooing operation shall be performed using dyes or inks of a type that has been disapproved for use by the Health Officer pursuant to Section 11.4.65.030: Source of Dyes and Inks, above. CITY OF SEAL BEACH MUNICIPAL CODE 241 TITLE 11- ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . K. Use of Sterile Dyes. No tattooing operation shall be performed unless the following requirements have been complied with: 1. The dye or ink used for the tattoo must be obtained from pre- sterilized dye or ink bottles and. prior to the tattooing operation, aseptically transferred from such bottles into sterile paper cups which have not previously been used in any tattooing operation. No refilling of the dye cup is permitted. 2. No dye or ink shall be used in which needles used on another person have been dipped. L. Use of Sterile Equipment. No tattooing operation shall be performed using equipment that has not been cleaned and sterilized In the manner set forth in Section 11.4.65.035: Maintenance of Pigments, Dyes and Equipment, above. M. Discarding of Certain Equipment. Operators shall discard the following items immediately alter use in any tattooing operation: 1. Blades used in shaving; 2. stencils; and Tubes and gauze used In application of petroleum Jelly used for . 3. Paper cups used for dye or ink. S 11.4.65.050 Inspections; Health Services Fee Schedule. The County Health Officer shall periodically make inspections of tattooing establishments located in the City to determine if the proprietor or operator of such establishment is complying with the provisions of this Chapter. The County shall, by annual Board Resolution, adopt health service fees to be paid by the proprietor or operator of the tattoo establishment. Such fees to be paid directly to the County Health Officer and retained by the County as reimbursement for such services related to this Chapter. . CITY OF SEAL BEACH MUNICIPAL CODE 242 . . . TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 4.70 Wireless Telecommunications Facilities Sections: S 11.4.70.005 S 11.4.70.010 S 11.4.70.015 S 11.4.70.020 S 11.4.70.025 S 11.4.70.030 S 11.4.70.035 S 11.4.70.040 Purpose Definitions Applicability Submittal Requirements Additional Standards . Procedures Required Findings Exercise of Permits; Cessation S 11.4.70.005 Purpose. This Chapter provides a uniform and comprehensive set of standards and procedures to regulate the development, placement, installation, and operation of wireless telecommunications antennas and related facilities ("wireless telecommunications facilities") consistent with the goals, objectives, and policies of the General Plan and the applicable requirements of federal law. The regulations are intended to provide for the appropriate development of wireless telecommunications facilities within the City to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character and scenic vistas. It is the City's intent to apply these regulations to accomplish the following: A. Provide incentives for well-designed and appropriately located antennas and wireless communications facilities. B. Encourage the leasing of publicly owned properties where feasible or desirable. C. Encourage the use of existing facilities by multiple service providers. D. Encourage the placement of antennas on existing structures. E. Provide a competitive and broad range of telecommunications services and high quality telecommunications infrastructure to meet the community's needs and serve as an important and effective part of Seal Beach's emergency response network. CITY OF SEAL BEACH MUNICIPAL CODE 243 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.70.010 Definitions.( . As used in this Chapter the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise. A. "Antenna": any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves or radio frequency signals, including devices with active elements extending in any direction, and directional parasitic arrays with elements attached to a generally horizontal boom which may be mounted on a vertical support structure. B. "Amateur Radio Antenna": any antenna used for transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC). C. "Building or Roof Mounted': an antenna mounted on the side or top of a building or another structure (e.g., water tank, billboard, church steeple, freestanding sign, etc.), where the entire weight of the antenna is supported by the building, through the use of an approved framework or other structural system which is attached to one or more structural members of the roof or walls of the building. . D. "Co-location": the location of 2 or more wireless, hard wire, or cable communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of communication facilities with other facilities (e.g., water tanks, light standards, and other utility facilities and structures). E. "Communication Facility": an unstaffed facility, generally consisting of antennas, and equipment cabinet or structure, and related equipment, which receives and/or transmits electromagnetic waves, light waves, radio frequencies or other types of signals. F. "Dish Antenna": a dish-like antenna used to link communication sites together by wireless transmissions of voice or data. Also called microwave dish antenna. G. "Electromagnetic field': the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor. H. "Equipment Cabinef': a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility. . CITY OF SEAL BEACH MUNICIPAL CODE 244 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS I. "Ground Mounted': any freestanding antenna, the entire weight of which is supported by an approved freestanding platform, framework, or other structural system which is attached to the ground by a foundation. J. "Monopole": a single freestanding pole, post, or similar structure, used to support equipment associated with a single communication facility. K. "Multipoint Distribution Service": a microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multi-channel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretative decisions thereof issued by the Federal Communications Commission. L. "Pane!': an antenna or array of antennas that are flat and rectangular and are designed to concentrate a radio signal in a particular area. Also referred to as a directional antenna. M. "Satellite Antenna": an antenna for the home, business, or institutional reception of television, data, and other telecommunications broadcasts from orbiting satellites. N. "Service Provide;': any authorized provider of communication services. O. "Stealth facility": a communications facility that is designed to blend into the surrounding environment, typically one that is architecturally integrated into a structure. Also referred to as a concealed antenna. P. "Towe;': any ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade. Q. "Whip Antenna": an antenna consisting of a single, slender, rod-like element, which is supported only at or near its base. They are typically less than 6 inches in diameter and measure up to 18 feet in height. Also referred to as omnidirectional, stick or pipe antennas. S 11.4.70.015 Applicability. The requirements of this Chapter shall apply to all telecommunications facilitieS that transmit and/or receive electromagnetic signals including, but not limited to personal communications services (cellular and paging) and radio and CITY OF SEAL BEACH MUNICIPAL CODE 245 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS television broadcast facilities. The following facilities are exempt from these requirements provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property: . A. Licensed amateur (ham) radio and citizen band operations that: 1. Comply with the applicable height limits of the zoning district; and 2. Are not located within any yard abutting a public right-of-way or any required setback. B. Hand-held, mobile, marine, and portable radio transmitters and/or receivers; C. Emergency services radio; O. Radio and television mobile broadcast facilities; E. Antennas and equipment cabinets or rooms completely located inside . of permitted structures; and F. Minor modifications to existing wireless facilities, including replacement in-kind or with smaller or less visible equipment that meets the standards set forth in this Chapter and will have little or no change in the visual appearance of the facility following written notification to the Director. G. Ground or building-mounted receive-only radio or television antennas not exceeding the maximum height permitted by this Zoning Code, including any mast, or receive-only radio or television satellite dish antennas subject to the following restrictions: 1. Residential Districts. a. Satellite dishes that do not exceed 39 inches in diameter and are for the sole use of a resident occupying the same residential parcel so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel. Such antennas shall not be located in any area between a building and the adjacent public right-of-way. b. Antennas may be installed on, or attached to, any existing building or other structure that does not exceed 25 feet in height so long as the height of the antenna measured from existing grade does not exceed the permitted height for antennas in the district. The antennas must be for the sole use of residents occupying the same residential parcel on which the antennas are . located and shall not be located in any required parking or loading area. CITY OF SEAL BEACH MUNICIPAL CODE 246 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . c. No more than the number of antennas necessary to receive the programming available for reception in the viewer's local viewing area or listener's local receiving area shall be installed. . 2. Commercial, Public, and Semi-Public Districts. a. A satellite dish that does not exceed 79 inches in diameter is permitted anywhere on a parcel in a commercial, public, or semi-public district provided the location does not reduce required parking or loading, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval. Such antennas shall not be located within a required front yard or side yard abutting a street unless screened from view from any public right-of-way or adjoining property. b. An antenna that is mounted on any existing building or other structure such that it is not visible from any vantage point exterior to the building or structure, for example an antenna on a roof behind a parapet wall. All wires and/or cables necessary for operation of the antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna. c. Antennas mounted on the roof of an existing building and which meet all requirements for allowed projections as described in Section 11.2.1 0.015.R: Projections. H. Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director with a copy of a current CPUC or FCC permit or a copy of applicable FCC regulations prior to its installation. I. All antennas and related wireless communications facilities existing on the date of adoption of this Chapter and installed in accordance with applicable federal regulations shall be considered nonconforming legal uses that shall be allowed to continue as they presently exist. Routine maintenance and repairs shall be permitted on existing antennas and facilities but the replacement or upgrade of existing facilities and all new antennas, structures, and other facilities shall comply with the requirements of this Chapter. S 11.4.70.020 Submittal Requirements. . An Applicant shall file a written application for an Administrative Use Permit or Conditional Use Permit with the Oirector in accord with the application procedures under Chapter 11.5.10: General Procedures. In addition to any other requirements, applications shall, at a minimum, include the following information: CITY OF SEAL BEACH MUNICIPAL CODE 247 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS A. Inventory. An inventory list and map of existing wireless communication facilities operated by the applicant within 2 miles of the proposed site ("Service Areall). The inventory list must include specific information as to location, height, and design of each facility. The City may share such information with other applicants seeking to locate wireless communication facilities within the Service Area, in order to encourage co-location. . B. Report on Alternatives. A report explaining why the wireless communication facility is needed at the requested location. If applicant is seeking to construct a new monopole, applicant shall explain why co-location or location on another kind of support structure is not feasible, including efforts made to develop such an alternative. If the City has requested that the applicant co-locate its wireless communication facility on a site, applicant shall explain why co-location is not feasible, including efforts made to develop such an alternative. C. Wireless Communication Facility Plans. Plans shall include a fully dimensioned diagram of the proposed facility and antennas, including height, shape, size and nature of construction. The plans for a monopole must provide sufficient detail to demonstrate that the structure will be able to accommodate at least one other similar telecommunications provider in addition to the applicant. The plans should include a diagram showing the separation between the proposed wireless communication facility and any existing facility or facilities on the same support . structure or site, if co-location is planned. D. Site Plans. A fully-dimensioned site/landscaping plan that includes, at a minimum, the following information: specific placement of the proposed tower, equipment shelters, and any other wireless communication facility on the site; setbacks from adjacent property lines; the location of existing structures, trees, and other significant site features identifying those features proposed to be removed; the type and locations of plant materials proposed to screen wireless communication facility components; and the proposed materials and color(s) for the wireless communication facility. E. Visual Analysis. Photo-simulations showing views of the proposed facility from surrounding residential properties and public rights-of-way at varying distances with a map indicating the locations used for the analysis and their distances from the site. F. Documentation of Compliance. Copies of all applicable licenses or other approvals required by the Federal Communications Commission and any other agency of the Federal or State ,government with authority to regulate wireless communication facilities including documentation of compliance with all conditions imposed in conjunction with such licenses or approvals. In addition, the application shall include any environmental documel"'!tation required to obtain such license or . CITY OF SEAL BEACH MUNICIPAL CODE 248 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS approval together with such engineering calculations demonstrating that the proposed wireless communication facility will comply with all applicable FCC requirements and standards. G. Fees. In addition to any other fees required by this Zoning Code, Applicants shall pay a permit fee as established by the Master Fee Schedule to cover the reasonable actual cost and a reasonable administrative fee for consulting services required by the City to evaluate any technical aspect of the wireless communication facility application. S 11.4.70.025 Additional Standards. In order to ensure compatibility with surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of residential neighborhoods and promote attractive non-residential areas, in addition to all other applicable requirements of this Zoning Code, all wireless telecommunications facilities subject to the requirements of this Chapter shall be located, developed, and operated in compliance with the following standards unless the Director or the Planning Commission approves a use permit subject to the findings required by Section 11.4.70.035: Required Findings, based on information in the record, that approval of an exception will not increase the visibility of the facility, decrease public safety, degrade the appearance and aesthetic appeal of the community or degrade cultural or natural resources. All new telecommunications facilities in any zoning district shall meet the following requirements and standards: A. location and Siting. All facilities shall be designed and sited to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. As used in this Chapter, "readily visible" means that a person with normal vision can see the facility and distinguish it as an antenna or other component of a wireless telecommunications facility. 1. Notwithstanding Items 2-9 of this subsection A, new antennas and other similar facilities may be located on the existing utility towers that exist in the linear utility easements in the City, provided that they do not project more than 2 feet beyond the exterior of the tower structure. 2. No facility shall be sited within 100 vertical feet of a ridge top unless it has been designed to blend with the surrounding natural or existing built environment so that it is effectively unnoticeable or due to the specific location, existing development or existing vegetation, the facility will be screened from public view. 3. No facility shall be sited where it will be silhouetted against the sky as. viewed from a public park or other public recreation area or intrude into a significant or sensitive view corridor. CITY OF SEAL BEACH MUNICIPAL CODE 249 TITLE 11 - ZONING PART IV: REGULA T/ONS APPL YING IN SOME OR ALL DISTRICTS . 4. No facility shall be sited where it will be readily visible from a public right-of-way, public park or cultural facility. 5. No facility shall be located in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet. 6. No telecommunications antenna or ancillary facility shall be established as the primary use on any site unless the site has already been developed with a legally established wireless facility. 7. Antennas, support structures, and equipment shelters may be installed on the roof or directly attached to any existing building or structure if they are not visible from the public right-of-way or from the habitable portion of any dwelling unit within 300 feet or are architecturally integrated into the design of the building or structure so long as such facilities do not protrude more than 2 feet horizontally from the building or structure, and comply with the height requirements of this Chapter. 8. No wireless facility that is readily visible from an off-site location shall be installed closer than 1 mile from another wireless telecommunications facility . that is readily visible or un-camouflaged, unless it is a collocated facility on a multiple-user site, has been designed or camouflaged so that it blends into the surrounding natural or existing built environment. 9. Sites that require construction or grading on slopes of 30% or more shall be avoided unless environmental review shows that all drainage and erosion impacts can be mitigated to less than significant levels. B. Support Structures. Support structures for wireless telecommunications facilities shall be any of the following: 1. A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole must be constructed to allow for co-location of at least 1 other similar wireless communications provider. 2. A monopole mounted on a trailer or a portable foundation if the use is for a temporary wireless communications facility. 3. An existing non-residential building. 4. An existing structure other than a building including but not limited to, light poles, electric utility poles, water towers, steeples, smokestacks, . billboards, lattice towers, and flag poles. This term includes an electric utility pole CITY OF SEAL BEACH MUNICIPAL CODE 250 . . . TITLE 11- ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile. 5. A new alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that is designed to conceal or camouflage the facility. The term "functioning" as used here means the light pole serves a useful and appropriate lighting function as well as a wireless communications function. C. Height. The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to it. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. 1. A freestanding antenna or monopole shall not exceed the height limit of the district in which the antenna is located. 2. Building-mounted wireless telecommunications facilities shall not exceed the height allowed for projections above the height limit as specified in Section 11.2.05.015.M: Projections, and Section 11.2.10.015.R: Projections. 3. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles, except wireless telecommunications facility antennas may extend up to 15 feet above the lights array of a ball field light pole. 4. Wireless telecommunications facilities mounted on an existing tower or monopole structure may exceed the height of the existing structure by 5 feet, up to the maximum height allowed by this Chapter, if camouflaged as part of the structure design. 5. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. O. Setback. When determining whether a wireless telecommunications facility complies with the following requirements, the setback shall be measured from CITY OF SEAL BEACH MUNICIPAL CODE 251 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS the closest point on the base of the tower or structure to the applicable property line or structure. . 1. Except as otherwise provided for in this Chapter, all wireless facilities that are not building mounted or mounted on an existing structure shall meet the following setback standards: a. Set back a minimum distance of 100 feet from any residentially zoned property, dwelling unit, school or daycare facility, public park, or outdoor recreation area, unless it is designed as a flagpole, tree, or other stealth structure approved by the Director; b. Set back from any adjacent property line a minimum distance that is equal to 110 percent of the height of the facility (including attached antennae) or a minimum distance equal to the building setback for the district in which it is located, whichever is greater. c. Guy wire anchors shall be set back at least 20 feet from any property line. 2. Any equipment cabinet or building shall comply with the required setbacks for accessory structures of the zoning district in which it is located. 3. A satellite dish that is greater than 39 inches in diameter shall not be located within a required front, side or rear setback and shall not be located in . any area between a building and the adjacent public right-of-way. 4. A satellite dish that is greater than 79 inches in diameter shall not be located within a required front yard or side yard abutting a street in any non- residential district. E. Design and Screening. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing supporting structures, so as to reduce visual impacts to the extent feasible. 1. Based on their potential aesthetic impact, the order of preference for facility type is: fayade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free- standing tower shall include factual information to explain why other facility types are not feasible. 2. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location or other objectives of this Chapter. . CITY OF SEAL BEACH MUNICIPAL CODE 252 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 3. Telecommunications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure. 4. To the extent technologically feasible, wireless telecommunications facilities, including all components thereof, shall be painted or textured to camouflage the installation, achieve architectural compatibility, or otherwise minimize the facility's visibility. Paint colors, which must be non-reflective, are subject to approval. 5. All telecommunications facilities subject to the requirements of this Chapter shall be installed in such a manner so as to maintain and enhance existing native vegetation and minimize disturbance of existing topography unless the decision-making authority determines that such changes will help to minimize the visual impact of the facility. Site plans shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation. . 6. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping. 7. Wireless telecommunication facilities shall be not be lighted except when authorized personnel are present on-site at night or unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes, if the beam is directed downwards, shielded from adjacent properties and kept off when personnel are present at night. 8. No advertisi'ng shall be placed on wireless telecommunications facilities, equipment cabinets, or associated structures. 9. In residential districts ground-mounted satellite dishes with a diameter greater than 39 inches shall be screened from view from any public right-of- way and adjoining property. . 10. At the time of modification or upgrading of facilities, providers shall, to the extent feasible, replace existing equipment with equipment of equal or greater technical capacity and reduced size so as to reduce visual impacts. CITY OF SEAL BEACH MUNICIPAL CODE 253 TITLE 11-Z0NING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS F. Equipment Cabinets and Buildings. . 1. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the Oirector. Any wall shall be architecturally compatible with the building or immediate surrounding area. a. An equipment cabinet shall not exceed 8 feet in height and a building shall not exceed 1 story. An equipment cabinet or building may contain an area of up to 300 square feet for a single provider or 600 square feet for multiple wireless providers. Notwithstanding the foregoing, an equipment cabinet or building for servicing a public safety communications tower may exceed the size limitations set forth herein. G. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. 1. Security fencing, if any, shall not exceed 6 feet to 10 feet in height, consistent with fencing in the area. Fencing shall be no less than the above . grade height of the equipment cabinet. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. 2. Anti-climbing features shall be incorporated into wireless telecommunications facilities, as needed, to reduce potential for trespass and injury. 3. The permittee shall be responsible for maintaining the site and facilities free from graffiti. H. Radio Frequency Standards; Noise. 1. Wireless telecommunications facilities shall comply with federal standards for radio frequency (RF) emissions and interference. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC's limits for electric and magnetic field strength and power density for transmitters or operate in a manner that will degrade or interfere with existing communications systems as stipulated by federal law. Failure to meet federal standards may result in termination or modification of the permit. 2. Wireless facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess . CITY OF SEAL BEACH MUNICIPAL CODE 254 . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non-residential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m. . I. Co-location. The applicant and owner of any site on which a wireless facility is located shall cooperate and exercise good faith in co-locating wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co- location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith. 1. All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Director may require the applicant to obtain a third party technical study at applicant's expense. The Oirector may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised. 2. All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible. 3. No co-location may be required where it can be shown 'that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing facilities to meet federal standards for emissions. 4. When antennas are co-located, the Oirector may limit the number of antennas with related equipment to be located at any 1 site by any provider to prevent negative visual impacts. . 5. Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Chapter is grounds for denial of a permit request or revocation of an existing permit. CITY OF SEAL BEACH MUNICIPAL CODE 255 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . J. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a minimum, such facilities shall comply with the following requirements: 1. At least 1-hour fire resistant interior surfaces shall be used in the construction of all buildings. 2. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non- flammable in the California Building Code. 3. Monitored automatic fire extinguishing systems approved by the Orange County Fire Authority shall be installed in all equipment buildings and enclosures. 4. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible. K. Surety Bond. As a condition of approval, an applicant for a building . permit to erect or install a wireless telecommunications facility may be required to post a cash or surety bond pursuant to Section 11.5.10.070: Performance Guarantees, in a form and amount acceptable to the Director to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated. This requirement shall always be imposed if the facility is located in a residential zone. S 11.4.70.030 Procedures. A wireless telecommunications facility subject to the requirements of this Chapter shall not be established, expanded, or otherwise modified except in conformance with the following requirements. A. Permitted When in Compliance with Standards. The following wireless telecommunications facilities shall be permitted in any Commercial, Semi- Public, or Public district subject to the Oirector's determination of compliance with the applicable requirements of this Chapter: 1. A facility affixed to an existing building or structure. 2. A facility co-located on an existing legally established monopole, . utility tower, or support structure in any zoning district. CITY OF SEAL BEACH MUNICIPAL CODE 256 . . . TITLE 11 --ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 3. Public safety communications towers sixty five (65) feet in height or less. 4. Temporary wireless telecommunications facilities. B. Administrative Use Permit. The Director may issue an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, to establish any of the following facilities subject to the requirements of this Chapter, other than facilities listed in subsection A, above, and based on the applicable findings in Section 11.4.70.035: Required Findings. 1. A facility on City-owned public safety and maintenance facility properties, including but not limited to City Hall, City Police Station, Fire Stations, and the City Corporation Yard, provided that the operation of such facilities will not disrupt normal City communications or operations. C. Conditional Use Permit. All other wireless telecommunications facilities, specifically including but not limited to any new ground-mounted tower or monopole, shall require the approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. D. Minor Modifications. The Oirector may approve minor modifications to any legally established wireless telecommunications facility, including replacement in-kind with smaller or less visible equipment and aesthetic upgrades, without notice or hearing. Such modifications shall be subject to compliance with the standards set forth in this Chapter and all existing conditions of approval based on written notification to the Director. S 11.4.70.035 Required Findings. A. General Findings. The Planning Commission, or the Director, in the case of an Administrative Use Permit, may approve or approve with conditions any Use Permit required under this Chapter after making the following findings in addition to any other findings required pursuant to Chapter 11.5.20: Development Permits: 1. The proposed use conforms with the specific purposes of this Chapter and any special standards applicable to the proposed facility; 2. The applicant has made good faith and reasonable efforts to locate the proposed wireless facility on a support structure other than a new ground- mounted antenna, monopole, or lattice tower or to accomplish co-location. CITY OF SEAL BEACH MUNICIPAL CODE 257 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 3. The proposed site results in fewer or less severe environmental impacts than any feasible alternative site. . 4. The proposed facility will not be readily visible or it is not feasible to incorporate additional measures that would make the facility not readily visible as defined in Section 11.4.70.025.A: Location and Siting. B. Additional Findings for Facilities not Co-located. To approve a wireless telecommunications antenna that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower, the decision maker shall find that co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting: 1. Would have more significant adverse effects on views or other environmental considerations; 2. Is not permitted by the property-owner; 3. Would impair the quality of service to the existing facility; or 4. Would require existing facilities at the same location to go off- . line for a significant period of time. C. Additional Findings for Facilities in a Residential Zone. To locate a facility in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision maker shall find that: 1. It is not feasible to provide the service at another location; or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and 2. The proposed facility provides an important link in applicant's service area build-out and is necessary to provide personal wireless services to City residents. O. Additional Findings for Setback Reductions. To approve a reduction in setback, the decision maker shall make one or more of the following findings: . CITY OF SEAL BEACH MUNICIPAL CODE 258 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 1. The facility will be co-located onto or clustered with an existing, legally established telecommunication facility. 2. The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. E. Additional Findings for Any Other Exception to Standards. The Planning Commission or Director may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law. S 11.4.70.040 Exercise of Permits; Cessation. A. Cessation of Operations. If use of the facility is discontinued for more than 90 consecutive days, the permit shall expire and permittee must remove the facility or the Oirector or City Engineer may cause the facility to be removed at the expense of the permittee/owner of the facility. Within 30 days of cessation of operations of any wireless telecommunications facility approved pursuant to this Chapter, the operator shall notify the Director in writing. 1. The permit for such wireless telecommunications facility shall be deemed lapsed and of no further effect 6 months thereafter unless: a. The Director has determined that the same operator resumed operation within 6 months of the notice; or b. The City has received an application to transfer the permit to another operator. 2. No later than 30 days after a permit has lapsed under the preceding subsection, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do, the property owner shall be responsible for removal, and may use any bond or other assurances provided by the operator pursuant to the requirements of Section 11.4.70.025.K: Surety Bond, to do so. If such facilities are not removed, the site shall be deemed to be a nuisance pursuant to Title 7: Public Peace, Morals and Welfare, Chapter 7.40: Nuisance Abatement and the City may call the bond to pay for removal. 3. Failure to inform the Oirector of cessation of operations of any existing facility shall constitute a violation of the Zoning Code and be grounds for: a. Prosecution; b. Revocation or modification of the permit: c. Calling of any bond or other assurance secured by the operator pursuant to the requirements of Title 7: Public Peace, Morals and Welfare, Chapter 7.40: Nuisance Abatement, and/or d. Removal of the facilities. CITY OF SEAL BEACH MUNICIPAL CODE 259 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . B. Exercise of Permits. Any Administrative Use Permit or Conditional Use Permit issued pursuant to this Article shall expire automatically if the use is not commenced pursuant to the requirements of Chapter 11.5.10: General Procedures. C. Transfer of Permit Any FCC-licensed telecommunications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility, shall provide written notification to the Oirector and request transfer of the existing use permit. The Director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing use permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing use permit, he/she shall notify the applicant who may revise the application or apply for modification to the Use Permit pursuant to the requirements of Chapter 11.5.10: General Procedures. . . CITY OF SEAL BEACH MUNICIPAL CODE 260 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.75 Common Interest Developments Sections S 11.4.75.005 S 11.4.75.010 S 11.4.75.015 Permit Requirement Site Planning and Design Standards Residential Projects - Conditions, Covenants, and Restrictions (CC&Rs) S 11.4.75.005 Permit Requirement. Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits shall be required for the subdivision of land or airspace for the creation of common interest developments. S 11.4.75.010 Site Planning and Design Standards. Common interest developments shall comply with this section, the requirements of the applicable zoning district in Part II: Base District Regulations of this Zoning Code, and: A. Residential common interest developments shall also comply with the provisions of Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards; and B. Non-residential common interest developments shall also comply with Section 11.2.10.015.1: Building Design Features where applicable, and any provision of this chapter applicable to the specific non-residential use proposed. S 11.4.75.015 Residential Projects - Conditions, Covenants, and Restrictions (CC&Rs). To achieve the purposes of this section, the declarations of conditions, covenants, and restrictions (CC&Rs) or other applicable documents relating to the management of common area and facilities shall be subject to approval by the Director and the City Attorney. In addition to the CC&Rs that may be required by the California Department of Real Estate in compliance with Title 6 of Part IV of Oivision II of the Civil Code or other state laws or policies, the declaration, proprietary lease, cooperative housing corporation bylaws, or other similar document shall provide for the following: CITY OF SEAL BEACH MUNICIPAL CODE 261 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS A. Assignment or Conveyance of Private Open Space. The surface area and appurtenant airspace of private open space areas including an atrium, balcony, deck, private patio, or solarium required by Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards, and any integral portion of those spaces that may exceed the minimum area requirements, shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private open space is totally within the boundary described by the interior surfaces of the unit, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit. . B. Assignment or Conveyance of Private Storage Areas. The surfaces and appurtenant airspace of private storage areas including the private storage space required by Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards, shall be available for the exclusive use of its respective unit as described and recorded in the recorded map, except that where the private storage space is totally within the boundary described by the interior surfaces of the unit, as it would be in a closet opening upon a unit's room or hallway, it shall be assigned, conveyed, or leased as an integral part of the dwelling unit. C. Maintenance. The CC&Rs and other management documents shall contain a provision establishing the obligation and duty of the governing body of the . project to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this Zoning Code and all other applicable laws, regulations, and standards. D. Assessment for Maintenance of Common Areas and Facilities. In order to protect the public health, safety, and welfare, provisions shall be made both for annual assessments for maintenance and for capital improvements. E. Utility Easements Over Private Streets and Other Areas. The Commission may require public utility easements adjacent to public streets or over other portions of the project to accommodate electrical lines, fire hydrants, sanitary sewers, storm drainage, street furniture, water and gas mains and meters, and similar urban infrastructure. The Commission may also require access routes necessary to ensure that fire fighting equipment can reach and operate efficiently in all areas of the project. F. Limitation on Exterior Changes. The CC&Rs shall include a provision stating that the association or individual owners or occupants of units in the development shall not, without the written approval of the Oirector cause, permit or approve any material additions, alterations, or changes to the exterior of the development, or reduce or fail to maintain assessments for the maintenance and upkeep of the exterior of the development. . CITY OF SEAL BEACH MUNICIPAL CODE 262 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS G. Authorization for Governmental Access and Enforcement. The CC&Rs shall include the following provisions in addition to those identified above in this section. 1. A provision stating that the City, County, state and federal government, and any authorized agency, bureau, or department shall have the right of immediate access to all portions of common areas of the project not assigned for the exclusive use of the owner of a particular unit at all times for the purpose of preserving the public health, safety, and welfare except in those instances where a common area is accessible only through a private unit. Notice of the right of government agency access shall be prominently displayed in the common areas of the project. 2. A provision stating that authorized City representatives shall have the right to enter the development for the purpose of performing required maintenance and repairs in the event the association fails to do so, and for correcting or abating any nuisance or violation of state law or the Municipal Code, in compliance with Title 1: General Provisions, Chapter 1.15: Enforcement, of the Municipal Code. 3. A written procedure for the reimbursement of costs incurred by the City in performing any of the acts authorized by this section or the CC&Rs. 4. A provision stating that the City shall have the right to enforce the provisions contained in the CC&Rs as a third-party beneficiary to them, or in connection with the maintenance, repair, or utilization of any easement or other property rights held by the City, either on, appurtenant to, or nearby the project. 5. A provision stating that the City shall be entitled to an award of reasonable legal expenses in any action to enforce the provisions of this section or the Conditions, Covenants, and Restrictions. 6. Any other provisions which the Director and City Attorney determine are necessary and reasonable for ensuring compliance with the provisions of the Municipal Code or the conditions of approval of the project. H. Amendment of the CC&Rs or Other Management Document. An amendment to the CC&Rs or other management documents that would amend, delete, modify, or otherwise affect any provision required by this section shall require the prior written approval of the Director. To that end, the amendment shall not be effective unless: 1. The text of the amendment shall have been submitted to the City 60 days before its adoption by the owners; CITY OF SEAL BEACH MUNICIPAL CODE 263 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . 2. The City has either approved the amendment or failed to disapprove it within the 60-day period; and 3. The recorded or other instrument effecting the amendment shall recite that it was submitted and approved or not disapproved in compliance with this subsection. I. Partition and Sale of Condominiums and Community Apartments. One or more of the project owners may initiate the partition (or the dissolution of the cooperative housing corporation) by sale of the entire project as if the owners of all units in the project were tenants in common in the entire project, in the same proportion as the interests in the common areas or in the stock or members of the cooperative housing corporation. However, a partition shall be made only upon a showing of the existence of one or more of the conditions identified in state law (Civil Code Section 1354), or that: 1. Two years after damage or destruction to the project which renders a material part unfit for its use, the project has not been rebuilt or repaired substantially to its former condition before its damage or destruction; 2. One-half or more of the project has been destroyed or . substantially damaged and owners holding in aggregate more than 50 percent interest in the common area or the cooperative housing are opposed to repair or restoration of the project; or 3. The structure has existed for more than the number of years shown in Table 11.4.75.015.1.3: Criteria for Partition or Sale, and is obsolete and uneconomic, and the percentage of owners shown in Table 11.4.75.015.1.3: Criteria for Partition or Sale, holding in aggregate a percentage interest in the common areas or cooperative housing corporation, are opposed to the repair or restoration of the project. '.' ..... 'TABLE'11.4.75.01'5.1.3. " : ,.. "CRiTERIA FOR PA~TITI6N'OR SALE" .' Age ~f Structu~ 30 years 40 years 50 years 60 years 70 years Pe~entage of In~erest Hel~ .by Owne~,~'" 70 percent 60 percent 50 percent 40 percent 30 percent . CITY OF SEAL BEACH MUNICIPAL CODE 264 . . . Sections S 11.4.80.005 S 11.4.80.010 S 11.4.80.015 S 11.4.80.020 S 11.4.80.025 S 11.4.80.030 S 11.4.80.035 S 11.4.80.040 S 11.4.80.045 S 11.4.80.050 S 11.4.80.055 S 11.4.80.060 S 11.4.80.065 S 11.4.80.070 S 11.4.80.005 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.80 Condominium Conversions Purpose Permit Requirement Date of Conversion Application Requirements Public Hearing Notice Physical Development Standards Tenant Rights Vacation of Units Increase in Rents Moving Expenses Notice to New Tenants Project Reports: Copy to Buyers Disturbance to Tenants During Conversion Exception - leisure World Purpose. The requirements of this Chapter for the conversion of existing multi-unit rental housing to condominiums are intended to: A. Reduce the impact of conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums; B. Ensure that the purchasers of converted housing have been properly informed of the physical condition of the structure offered for purchase; C. Ensure that converted housing achieves high quality appearance and safety, is consistent with the goals of the General Plan, and complies with the density requirements of the General Plan; . D. Attempt to provide an opportunity for housing ownership of all types, for aI/levels of income and in a variety of locations; and E. Attempt to maintain a supply of rental housing for low and moderate income persons and families. CITY OF SEAL BEACH MUNICIPAL CODE 265 TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.80.010 Permit Requirement . Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to convert existing dwelling units to a condominium subdivision. S 11.4.80.015 Date of Conversion. As used in this Section, the date of conversion for condominium conversions shall mean the date that the Final Map for the project is approved by the Council. S 11.4.80.020 Application Requirements. In addition to the application requirements in Chapter 11.5.10: General Procedures, Section 11.5.10.010: Application Forms and Fees, the application for a condominium conversion shall include the following. A. Physical Elements Report. The applicant shall provide a physical elements report, which shall include the following. 1. Property Condition. A report detailing the condition and . estimating the remaining useful life of each element of the project proposed for conversion: a. Roofs; b. Foundations; c. exterior paint; d. paved surfaces; e. mechanical systems; f. electrical systems; g. plumbing systems, including sewage systems; h. swimming pools; i. sprinkler systems for landscaping; j. utility delivery systems; k. central or community heating and air conditioning systems; I. fire protection systems including automatic sprinkler systems, alarm systems or standpipe systems; and m. structural elements. The report shall be prepared by a licensed architect or by a registered civil or structural engineer other than the owner. A replacement cost shall be provided for any element with a useful life of less than 5 years; . CITY OF SEAL BEACH MUNICIPAL CODE 266 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS 2. Structural Pest Control Report. A structural pest control report prepared by a licensed structural pest control operator in compliance with Business and Professions Code 8516; and 3. Building History. following information: a b. A building history report including the The date of construction of all elements of the project. A statement of the major uses of the project since construction. c. The date and description of each major repair or renovation of any structure or structural element since the date of construction. For the purposes of this Subsection, the term "major repair" means any repair for which an expenditure of more than $50,000.00 was made. Failure to provide information required by Subsections A.3.a through A.3.c, above, shall be accompanied by a declaration, given under penalty of perjury, setting forth reasonable efforts undertaken to discover the information and reasons why the information cannot be obtained. B. Additional Information Required. The application shall also include the following information: 1. Rental rate history for each type of unit for the previous five years; 2. Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether any tenants are receiving federal or state subsidies: 3. Proposed sale price of unit; 4. Proposed homeowner's association fees; 5. Names and addresses of all tenants; and 6. Evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of the notice is not submitted. Failure to provide the above information shall be accompanied by declaration given under penalty of perjury setting forth reasonable efforts undertaken to discover the information and reasons why the information cannot be obtained. C. Covenants, Conditions and Restrictions. A draft "Covenants, Conditions and Restrictions" (CC&R's) document shall be submitted for review and CITY OF SEAL BEACH MUNICIPAL CODE 267 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS approval by the Oepartment of Development Services and the City Attorney. At a minimum, the Oocument shall address the formation of a "Community Association" or "Homeowners Association" that will be responsible for the maintenance of common areas, disclosure of management agreements, allocation of off-street parking for residents and guests, and operating and maintenance budgets. . S 11.4.80.025 Public Hearing Notice. In addition to the public hearing notice requirements in Chapter 11.5.10: General Procedures, notice of the hearing shall be mailed to each tenant at least 10 days prior to the public hearing on the Conditional Use Permit application. Notice of the hearing shall also be posted on the property at least 10 days prior to the hearing. S 11.4.80.030 Physical Development Standards. The conversion of an existing condominium shall require compliance with the following standards prior to a unit being offered for sale. A. Compliance with other Codes, Standards and Policies. 1. Each residential building shall comply with the minimum . standards of City and State housing codes as of the date of conversion. 2. Each building shall on the date of conversion comply with the exit and occupancy requirements and the height and area requirements for the type of construction and occupancy involved as set forth in the California Building Code. 3. Each building as of the date of conversion shall comply with all applicable requirements of this Zoning Code, the Municipal Code, and the goals and policies of the General Plan, except where the building is nonconforming in compliance with Chapter 11.4.40: Nonconforming Use, Structures, and Lots. 4. Multiple units proposed for condominium conversion shall conform to all applicable standards of the Zoning Code, including but not limited to height, setbacks, parking and minimum floor area, but excluding density. Condominium conversions shall observe the following standards for density. a. RMD - 18 Oistrict: 2,500 sq. ft. of land per dwelling unit. b. RHO - 20 Oistrict: 2,178 sq. ft. of land per dwelling unit. c. RHO - 33 Oistrict: 1,350 sq. ft. of land per dwelling unit. d. RHO - 46 Oistrict: 960 sq. ft. of land per dwelling unit. e. For the purpose of calculating density all fractional numbers of units where the fractional portion is greater than 0.5 may be rounded to the next highest number. . CITY OF SEAL BEACH MUNICIPAL CODE 268 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS f. Proposed condominium conversions for which a Final Tract Map has been filed with the County of Orange on or before September 1, 1987, shall have the right to rebuild the number of units legally existing at the time of approval, subject to Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, only to consider the possibility of increasing the number of on- site parking spaces subject to the availability and location of space on the site and the constraints imposed by the existing structure(s). 5. Each condominium project shall comply with all applicable provisions of the Subdivision Map Act (Government Code 66410 et seq.). B. Utility Metering. 1. The consumption of water, gas, and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shutoff valve shall be provided for each unit and plumbing fixture. Each unit shall have access which shall not require entry through another unit to its own meter and heater. 2. Each unit shall have its own panel or access thereto for all electrical circuits which serve the unit. C. Condition of Equipment and Appliances. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in proper working condition as of the close of escrow. At such time as the homeowner's association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in proper working condition. D. Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems, and additional elements as required by the Conditional Use Permit shall be refurbished and restored as necessary to achieve high quality appearance and safety. The Building Official shall provide recommendations, based on a physical inspection of the premises, regarding recommended refurbishing and restoration as part of the Conditional Use Permit consideration. E. Common Attic Area. All common attic areas over individual dwelling units shall be separated by sound-rated assemblies from the top of wall to bottom of roof sheathing over all common or party walls, and the appropriate access to each attic space shall be provided in compliance with the California Building Code. CITY OF SEAL BEACH MUNICIPAL CODE 269 TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . S 11.4.80.035 Tenant Rights. A. Notice of Intent. A notice of intent to convert shall be delivered to each tenant's dwelling unit. Evidence of delivery shall be submitted with the Conditional Use Permit application for conversion. The form of notice shall be as approved by the Oirector and shall contain not less than the following: 1. Name and address of current owner; 2. Name and address of the proposed subdivider; 3. Approximate date on which the Conditional Use Permit application is to be filed; filed; 4. Approximate date on which the tentative map is proposed to be filed; 5. Approximate date on which the final map or parcel map is to be 6. Approximate date on which the use is to be vacated by non- . purchasing tenants; 7. Tenant's right to purchase; 8. Tenant's right of notification to vacate; 9. Tenant's right of termination of lease; 10. Statement of limitations on rent increase; 11. Provision for special cases; and 12. Provision of moving expenses. B. Tenant's Right to Purchase. As provided in Government Code 66427.1.D., any present tenant of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. . CITY OF SEAL BEACH MUNICIPAL CODE 270 . . . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.80.040 Vacation of Units. Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall have not less than 180 days from the date of receipt of notification from the owner of his intent to convert, or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate. Once notice of intent to convert is served to a tenant, any existing long-term lease agreement may be rescinded by the tenant without penalty. Notification of such termination shall be submitted in writing to the landlord 30 days prior to the termination of the lease. S 11.4.80.045 Increase in Rents. From the date of approval of the Tentative Map until the date of conversion, no tenant's rent shall be increased more frequently than once every 6 months, and at a rate no~ greater than 50 percent of the rate of increase in the Consumer Price Index (all items, Los Angeles-Long Beach), on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the Tentative Map. S 11.4.80.050 Moving Expenses. The subdivider shall provide moving expenses of 2.0 times the monthly rent, but in no case less than $3,000.00, to any tenant who relocates from the building to be converted after approval of the condominium conversion by the City, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. S 11.4.80.055 Notice to New Tenants. After submittal of the application to convert, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of Section 4.80.020: Application Requirements and Section 11.4.80.025: Public Hearing Notice of this Chapter. S 11.4.80.060 Project Reports; Copy to Buyers. For a condominium conversion, the original owner shall provide each purchaser with a copy of all reports, in their final, acceptable form, along with the Oepartment of Real Estate White Report, prior to the purchaser's completing an escrow agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. Copies of the reports shall be'made available at all times at the sales office and shall be posted at various locations, as approved by the Director, at the project site. CITY OF SEAL BEACH MUNICIPAL CODE 271 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.80.065 Disturbance to Tenants During Conversion. A written agreement shall be filed with the Department of Development Services that no tenant shall be unreasonably disturbed by building, remodeling or sales activity. Such agreement shall also provide that except in an emergency situation, tenants shall be granted two (2) days notice prior to required access for repairs, improvements, or showing to prospective buyers or mortgagees. S 11.4.80.070 Exception - Leisure World. The provisions of this Chapter shall not apply to that certain area of the City commonly known as Leisure World. CITY OF SEAL BEACH MUNICIPAL CODE 272 . . . . . . TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.85 Use Classifications Sections: S 11.4.85.005 S 11.4.85.010 S 11.4.85.015 S 11.4.85.020 S 11.4.85.025 S 11.4.85.030 S 11.4.85.035 S 11.4.85.040 Applicability Classification of Uses Residential Use Classifications Public, Semipublic and Service Use Classifications Commercial Use Classifications Industrial Use Classifications Transportation, Communication, and Utilities Use C'lassifications Agriculture Use Classifications S 11.4.85.005 Applicability. Use classifications describe one or more uses of land having similar characteristics, but do not list every use or activity that may appropriately be within the classification. Part II: Base District Regulations and Part III: Overlay District Regulations rely on these defined use classifications and specify in separate schedules the land uses permitted, subject to specific limitations, and those requiring approval of an Administrative or Conditional Use Permit. These use classifications are also referred to in Chapter 11.4.20: Off-Street Parking and Loading. S 11.4.85.010 Classification of Uses. A. Uncertainty of Uses. When there is uncertainty, the Director shall . determine whether a specific use should be considered within one or more use classifications or not within any classification in this Chapter, pursuant to Section 11.1.10.015: Rules of Interpretation. The Oirector may determine that a specific use is not within a classification if its characteristics are substantially incompatible with those typical of uses named within the classification. Decisions by the Director may be appealed to the Planning Commission pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions. B. Accessory or Primary Use. The Oirector shall determine whether a use or activity is a primary or accessory use of a building or space. Oecisions by the Director may be appealed to the Planning Commission. The Director shall use the following criteria in making the determination: 1. The description of the activity or activities in relationship to the characteristics of each use category. CITY OF SEAL BEACH MUNICIPAL CODE 273 TITLE 11-Z0NlNG PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 2. The relative amount of site or floor space and equipment devoted to the activity. 3. The relative amounts of sales from each activity. 4. The relative number of employees in each activity. 5. Building and site arrangement. 6. How the use advertises itself. 7. Whether the activity would be likely found independent of the other activities on the site. 8. Whether the use would be harmonious and compatible with surrounding land uses. C. Separate Classification of Each Establishment Where a single lot contains activities which resemble 2 or more different activity types, each of the principal activities conducted on a single lot by each individual establishment, . management, or institution shall be classified separately. S 11.4.85.015 Residential Use Classifications. A. Residential Housing Types. 1. Single Unit Dwelling. One dwelling unit, attached or detached, located on a single lot. This use includes manufactured housing but not mobile homes. 2. Second Unit An attached or detached accessory residential dwelling unit per State law that provides complete independent living facilities for 1 or more persons and is located on the same lot as a primary, single-family dwelling. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same lot as the primary dwelling. 3. Two-Unit Dwelling (Duplex). A single building that contains 2 primary dwelling units, or a single lot with 2 freestanding buildings, each of which is designed for occupancy by 1 household. 4. Multiple Unit Residential. Three or more dwelling units on a single site or lot. Types of multiple-family dwellings include: townhouses, garden . apartments, and other apartment buildings. CITY OF SEAL BEACH MUNICIPAL CODE 274 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS B. Family Day Care. A day-care facility licensed by the State of California that is located in a single-family residence or other dwelling unit where an occupant of the residence provides care and supervision for children. 1. Small Family. A facility which provides care for 8 or fewer children. 2. large Family. A facility which provides care for 7 to 14 children. C. Group Housing. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes rooming and boarding houses, dormitories, and private residential clubs, offering shared living quarters, but excludes hotels, residential care facilities and transitional housing facilities. D. Senior Citizen Housing. Housing that is available only to households occupied by senior citizens, qualifying residents, and permitted health care residents, subject to the limitations of Civil Code Section 51.3 or any successor statute. Notwithstanding the foregoing, residents of Senior Citizen Housing may host guests that are not senior citizens, qualifying residents, or permitted health care residents, for up to 60 days per year. E. Transitional Housing. Establishments providing temporary housing in a structured living environment and where residents have access to various voluntary support services, such as health, mental health, education and employmentltraining services to obtain skills necessary for independent living. Living accommodations are shared living quarters with or without separate kitchen or bath facilities for each room or unit. The occupancy period shall be at least 30 days. This category excludes temporary housing that does not include support services and community social service facilities such as emergency shelters. S 11.4.85.020 Public, Semipublic and Service Use Classifications. A. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the internment of human or animal remains and/or cremating the dead. This classification includes mausoleums, burial places, and memorial gardens. B. Clubs and lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, including residential accommodations that are available to members or guests on a temporary CITY OF SEAL BEACH MUNICIPAL CODE 275 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS basis for periods of less than 30 consecutive days, but excluding residential hotels. This classification includes union halls and social clubs. . C. Community Center. Any noncommercial facility established primarily for the benefit and service of the population of the community in which it is located. Examples include youth centers and senior centers. This classification excludes community facilities operated in conjunction with an approved residential or commercial use that are not generally available to the public. D. Community Social Service Facilities. Any noncommercial facility, such as homeless shelters, emergency shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, and/or laundry facilities, typically for less than 30 days. Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term. E. Cultural Institutions. Public or non-profit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance, and events; libraries; museums; historical sites; . aquariums; art galleries; and zoos and botanical gardens. F. Day Care Center. Establishments providing non-medical care for 1 or more persons on a le~s than 24-hour basis. This classification includes nursery schools, preschools, and day-care centers for children or adults and any other day- care facility licensed or certified by the State of California, excluding small or large family day-care. G. Government Offices. Administrative, clerical, or other public offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment. H. Hospitals and Clinics. Facilities licensed by the California State Department of Health Services providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for in-patient and outpatient treatment including drug and alcohol abuse programs as well as training, research, and administrative services for patients and employees. 1. Hospitals. Institutions providing medical and surgical care to the sick or injured including operating facilities and beds for patients to stay . CITY OF SEAL BEACH MUNICIPAL CODE 276 . . . TITLE 11-Z0NlNG PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS overnight. These establishments may include nursing facilities, extended care facilities, physical therapy, gift shops, retail pharmacies, employee housing, temporary housing for patient families, cafeterias or restaurants, and related uses operated primarily for the benefit of patients, staff, and visitors. 2. Clinics. Noncommercial, public, community-based facilities, other than hospitals, where patients are admitted for examinations and treatment by 1 or more physicians, usually on a "walk-in" basis. Patients are treated on an outpatient basis and are not admitted for overnight treatment or observation. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. These facilities are distinguished from private medical and dental offices which are generally smaller-scale in nature. I. Park and Recreation Facilities. Public parks, playgrounds, trails, wildlife preserves, and open spaces. This classification also includes public and non-commercial playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, as well as related food concessions or community centers within the facilities. J. Parking Facilities, Public. The exclusive or primary use of a parcel for parking in either an open paved area or structure used for parking motor vehicles, owned by a public agency or under contract to a public agency. K. Public Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment and material storage areas. This classification includes corporation yards, equipment service centers, and similar public facilities. L. Public Safety Facilities. Facilities for public safety and emergency services, including a facility that provides police and fire protection and other emergency medical services. M. Religious Facilities. A facility used primarily for religious services, including churches, temples, and similar' religious facilities. This classification excludes private schools (as defined in this section), other educational facilities, administrative facilities and offices, community centers, and other uses when not incidental to a facility used primarily for religious services. N. Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent living accommodations and 24-hour primarily non- medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or CITY OF SEAL BEACH MUNICIPAL CODE 277 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug additions. This category excludes transitional housing and community social service facilities. 1. Residential Care, General. A residential care facility providing 24-hour non-medical care for more than 6 persons in a single unit in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. 2. Residential Care, Limited. A residential care facility. providing 24-hour non-medical care for 6 or fewer persons in a single unit, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California.1 This classification includes residential care facilities restricted to persons 60 years of age or older if there are 6 or fewer residents. Six or fewer persons does not include the licensee or members of the licensee's family or persons employed as facility staff. 3. Residential Care, Senior. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at time of admission or as determined necessary at subsequent times of reappraisal. Any younger residents must have needs compatible with other residents, as provided in Health & Safety Code ~ 1569.316 or a successor statute. This classification includes continuing care retirement communities and lifecare communities licensed for residential care by the State of California. O. Schools, Public or Private. Facilities for primary or secondary education, including public schools, charter schools, and private institutions having curricula comparable to that required in the public schools of the State of California. . . I A residential care facility with 6 or fewer persons and not licensed by the State of California is . considered a residential use. CITY OF SEAL BEACH MUNICIPAL CODE 278 . TITLE 11-Z0NlNG PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS S 11.4.85.025 Commercial Use Classifications. A. Animal Sales and Services. Retail sales and services of animals, including grooming, and/or veterinary care for animals on a commercial basis. This classification allows 24-hour accommodation of animals receiving medical or grooming services but does not include kennels. This classification also excludes dog walking and similar pet care services not carried out at a fixed location, and retail stores selling pet supplies only. B. Kennel. Facilities for keeping, boarding, training, breeding or maintaining for commercial purposes, 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator. This classification excludes pet shops and animal hospitals that provide 24-hour accommodation of animals receiving medical or grooming services. C. Artists' Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. Incidental retail sales of items produced on the premises is required. D. AutomobileNehicle Sales and Services. . 1. Automobile Rentals. Rental of automobiles, including storage and incidental maintenance. 2. AutomobileNehicle Sales and leasing. Sales or leasing of automobiles, motorcycles, trucks, and/or lawn and garden-type tractors, including storage and incidental maintenance. 3. AutomobileNehicle Service and Repair, Major. Repair of automobiles, trucks, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair, body and fender, transmission, tire, muffler, and wheel and brake shops, as well as auto glass services, but excludes vehicle dismantling or salvaging and tire re-treading or recapping. 4. AutomobileNehicle Service and Repair, Minor. Establishments engaged in the retail sale of gas or diesel fuel, lubricants, parts, and accessories, including gasoline service stations; gas convenience marts; quick- service oil, tune-up; and tire sales and installation, where repairs are made or service provided in enclosed bays and vehicles are not typically stored overnight. This classification excludes establishments providing engine repair, body and fender work, vehicle painting, and repair of heavy trucks or construction vehicles. . CITY OF SEAL BEACH MUNICIPAL CODE 279 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS 5. Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles. . 6. large Vehicle Sales, Service, and Rental. Sales, servicing, and rental of trucks, motor homes, recreational trailers and equipment, boats, and other similar vehicles. E. Banks and Other Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, and businesses offering check-cashing facilities. 1. With Drive-Through Facilities. Financial institutions providing retail banking services to patrons remaining in automobiles. 2. Automated Teller Machines (A TMs). Automated devices that perform banking or financial functions operated by the consumer. F. Bed and Breakfasts. Establishments providing guest rooms for lodging on a less-than-weekly basis, within a single-family dwelling, with incidental eating and drinking service provided from a single kitchen for lodgers and residents . only. G. Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales, or rental establishments and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include building contractors' yards, large-scale "warehouse" stores (see Home Improvement Sales and Services), hardware stores with less than 10,000 square feet in floor area, or plant nurseries. H. Business Services. Establishments that primarily provide goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, and model building. I. Commercial Recreation. Provision of participant or spectator recreation to the general public, excluding public park and recreation facilities. 1. large-scale. This classification includes large indoor or outdoor facilities including: sports stadiums and arenas; amusement and theme parks; bowling centers; racetracks; amphitheatres; driving ranges not in conjunction with a golf 'course; large fitness centers, gymnasiums, handball, racquetball, or tennis club facilities greater than 20,000 square feet; ice or roller skating rinks; swimming or . CITY OF SEAL BEACH MUNICIPAL CODE 280 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS wave pools; miniature golf courses; archery or indoor shooting ranges; riding stables; campgrounds; stables, etc. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. 2. Small-scale. This classification includes small, generally indoor facilities, although some facilities may be outdoor, including: billiard parlors, dance halls, gymnasiums, handball, racquetball, or tennis club facilities less than 20,000 square feet, poolrooms, and amusement arcades. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. J. Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises. 1. Bars. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of beer. 2. Restaurants, Fast Food. Establishments where ready-to-eat prepared foods and beverages are: (1) sold for immediate consumption on- or off- premises; (2) are available upon a short waiting time; and (3) are packaged and served in or on disposable wrappers, containers, or plates. Fast-Food Restaurants may also exhibit other design and operating characteristics, including: a limited menu, food is paid for prior to consumption, the facility in which the activity/use is occurring provides a take-out counter space and substantial delineated area for customer queuing, employees generally wear a standard uniform, and the facility has late or long hours of operation. 3. Restaurants, Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided. 4. Restaurants, Limited Service. Establishments where food and beverages are prepared and may be consumed on the premises, taken out, or delivered, but where no table service is provided and patrons pay before eating. This classification includes cafeterias, delis, coffee shops, and snack bars but excludes fast-food restaurants and take-out only establishments. 5. Restaurants, Take-Out Only. Establishments where food and beverages are prepared and may be taken out or delivered, but may not be consumed on the premises. No seating is provided on the premises. 6. With Drive-Through Facilities. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service. CITY OF SEAL BEACH MUNICIPAL CODE 281 TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS . 7. With Outdoor Eating Areas. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. K. Food and Beverage Sales. Retail sales of food and beverages for off- site preparation and consumption. Typical uses include markets, groceries, liquor stores, and retail bakeries. 1. Catering Services. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. 2. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off~premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a service station but does not include delicatessens or specialty food shops. It excludes establishments which have a sizeable assortment of fresh fruits and vegetables or fresh cut meat. 3. General Market. Retail markets of food and grocery items for . primarily offsite consumption. Typical uses include supermarkets, and specialty food stores such as bakeries, candy, nuts and confectionary stores, meat or produce markets, vitamin and health food stores, cheese stores and delicatessens. 4. Liquor Stores. Establishments primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and liquor. L. Funeral Parlors and Mortuaries. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human dead. Typical uses include a crematory, columbarium, mausoleum, or mortuary . M. Home Improvement Sales and Services. Retail sales, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, lumber, tools and equipment, plants and garden products, rocks and soils, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings, or wallpaper. This use classification does not include hardware stores with less than 10,000 square feet of area, or plant nurseries. See also Section W: Retail Sales, following. N. Hotels and Motels. Establishments offering lodging to transient patrons. These establishments may provide additional services, such as conference . and meeting rooms, restaurants, bars, or recreation facilities available to guests or to CITY OF SEAL BEACH MUNICIPAL CODE 282 . . . TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS the general public. This classification includes motor lodges, motels, hostels, extended-stay hotels, and tourist courts, but does not include rooming hotels, boarding houses, or residential hotels designed or intended to be used for sleeping for a period of 30 consecutive days or longer. This classification also excludes bed and breakfast facilities and similar accommodations that an occupant of single-family housing provides on the same premises incidental to the primary residential use of the property. O. laboratories. Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, research and development or testing services. P. livelWork Unit. A artist, commercial or industrial unit with incidental residential accommodations that includes adequate working space reserved for artist, commercial or industrial use and regularly used for such purpose by one or more persons residing in the unit and a cooking space and sanitary facilities in conformance with applicable building standards. Up to 50 percent of the gross floor area may be reserved for and primarily used as living space. Q. Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, janitorial services, or building maintenance services. This classification excludes maintenance and repair of vehicles or boats and pest control services. R. Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, advertising, architectural, computer software design, engineering, graphic design, insurance, interior design, investment, and legal offices. This classification excludes hospitals, banks, and savings and loan associations. 1. Walk-in Clientele. Offices of firms or organizations providing services to the public that rely on heavy pedestrian activity and constant visits by clients, including real estate offices, landlord-tenant services, credit counseling, and financial tax services. S. Offices, Medical and Dental. Offices of firms or organizations providing medical or dental services, such as physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification includes medical/dental laboratories within medical office buildings but excludes clinics or independent research laboratory facilities. T. Parking Facilities, Commercial. Surface lots and structures offering parking'to the public for a fee when such use is not incidental to another activity. CITY OF SEAL BEACH MUNICIPAL CODE 283 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS U. Personal Improvement Services. Provision of instructional services or related facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; diet centers, reducing salons, spas, and single-purpose fitness studios such as yoga studios or aerobics studios. This classification is intended for more small-scale storefront locations and is distinguishable from small-scale commercial recreation uses that tend to occupy larger sites and generate more noise. . V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, and travel agencies. W. Retail Sales. The retail sale and rental of merchandise not specifically listed under another use classification. This classification includes drug stores, pharmacies, department stores, clothing stores, furniture stores, pawn shops, pet supply shops, hardware stores, video rental stores, and businesses retailing goods including: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, electronic equipment, records, sporting goods, kitchen utensils, hardware (under 10,000 square feet of sales area), appliances, antiques, . . art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. 1. large Format. Retail establishments having over 20,000 square feet of sales area with a primary faoade over 100 feet in length that sells merchandise and bulk goods for individual consumption, including membership warehouse clubs and superstores. X. Tattoo Parlors. Facilities that apply tattoos to the human body. Y. Theaters. Live and motion picture theaters. S 11.4.85.030 Industrial Use Classifications. A. Contractors' Yards. On- or off-site storage of contractors' materials or equipment. B. Handicraft/Custom Manufacturing. Manufacture of crafts, art, sculpture, stained glass, and similar items. Incidental sales of products produced by an artist on-site may also be conducted within this space. . CITY OF SEAL BEACH MUNICIPAL CODE 284 . . . TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS C. Manufacturing, light Establishments engaged in any of the following types of activities taking place within enclosed buildings: manufacturing finished parts or products primarily from previously prepared materials; food and beverage manufacturing/distribution; providing industrial services; or conducting industrial or scientific research, including product testing. This classification excludes basic industrial processing and recycling of cans, bottles, cardboard and similar consumer materials. O. Manufacturing, Medium. Manufacturing or assembly of products from extracted, raw or finished materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes: tobacco product manufacturing, textile mills, textile product mills, apparel manufacturing, leather and allied product manufacturing, wood product manufacturing, paper manufacturing, chemical manufacturing, plastics and rubber products manufacturing, nonmetallic mineral product manufacturing, primary metal manufacturing, and fabricated metal product manufacturing. E. Warehousing and Storage. Storage and distribution facilities without onsite sales to the public on-site or direct public access. 1. Indoor Commercial Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets. 2. Outdoor Storage. Storage of vehicles or commercial goods in open lots. 3. Personal Storage. Facilities offering storage for individual use, including mini-warehouses. S 11.4.85.035 Transportation, Communication, and Utilities Use Classifications. A. Communication Facilities. 1. Antennae and Transmission Towers. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more receptionltransmission systems. Examples of transmission towers include, but shall not be limited to, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers. CITY OF SEAL BEACH MUNICIPAL CODE 285 TITLE 11 - ZONING PART IV: REGULA TIONS APPL YING IN SOME OR ALL DISTRICTS . 2. Facilities Within Buildings. Includes radio, television, or recording studios and telephone switching centers; excludes antennae and transmission towers. B. Recycling Facilities. Facilities for receiving, temporarily storing, and transferring materials for recycling, reuse, or final disposal. 1. Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip. 2. Recycling Collection Point. An incidental use that serves as a neighborhood drop off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on-site. 3. Recycling Processing Facility. Facilities that receive, sort, store and/or process recyclable materials. C. Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, . and similar facilities of public agencies or public utilities. O. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines. E. Hazardous Waste Facility. All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste management units, or combinations of these units. S 11.4.85.040 Agriculture Use Classifications. A. Nurseries. Establishments primarily engaged in retailing nursery and garden products - such as trees, shrubs, plants, seeds, bulbs, and sod - that are predominantly grown elsewhere but which may sell a limited amount of product they grow themselves. All merchandise is kept within an enclosed building or a screened enclosure and fertilizer of any type is stored and sold in package form only. This classification includes wholesale and retail nurseries. . CITY OF SEAL BEACH MUNICIPAL CODE 286 . TITLE 11 - ZONING PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS Chapter 11.4.90 Historic Preservation (Reserved) . . CITY OF SEAL BEACH MUNICIPAL CODE 287 TITLE 11 - ZONING PART IV: REGULA TlONS APPL YING IN SOME OR ALL DISTRICTS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 288 . . . Chapter 11.5.05 S 11.5.05.005 S 11.5.05.010 S 11.5.05.015 S 11.5.05.020 S 11.5.05.025 Chapter 11.5.10 S 11.5.10.005 S 11.5.10.010 S 11.5.10.015 S 11.5.10.020 S 11.5.10.025 S 11.5.10.030 S 11.5.10.035 S 11.5.10.040 S 11.5.10.045 S 11.5.10.050 S 11.5.10.055 S 11.5.10.060 S 11.5.10.065 S 11.5.10.070 Chapter 11.5.15 S 11.5.15.005 S 11.5.15.010 S 11.5.15.015 S 11.5.15.020 S 11.5.15.025 S 11.5.15.030 S 11.5.15.035 S 11.5.15.040 S 11.5.15.045 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Part V - land Use and Zoning Decisions Review Authority City Council Planning Commission Director of Development Services City Building Official Review Authority General Procedures Applicability Application Forms and Fees Optional Pre-Application Review Review of Applications Public Notification Discretionary Actions by the Planning Commission or City Council Acceptance of Conditions Limitation on Resubmittal of Applications Scope of Approvals; Compliance with Conditions Effective Date for Appealable Decisions Expiration and Extension Modification of Approvals Revocation of Permits Performance Guarantees legislative Actions General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements Specific Procedure for Processing Applications Public Notice Public Hearing and Action Required Findings General Plan and Amendments Available to the Public Additional Requirements for Development Agreements Additional Requirements for Adopting Specific Plans Regulations for Planned Development Plans CITY OF SEAL BEACH MUNICIPAL CODE 1 Chapter 11.5.20 S 11.5.20.005 S 11.5.20.010 S 11.5.20.015 S 11.5.20.020 S 11.5.20.025 S 11.5.20.030 Chapter 11.5.25 S 11.5.25.005 S 11.5.25.010 S 11.5.25.015 S 11.5.25.020 S 11.5.25.025 Chapter 11.5.30 S 11.5.30.005 S 11.5.30.010 S 11.5.30.015 S 11.5.30.020 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . Development Permits Administrative Use Permits, Conditional Use Permits and Variances Review Authority Review Procedure Required Findings Conditions of Approval Appeals; Expiration and Extensions Director Determinations Applicability Zoning Conformance Review Procedures Temporary Uses Waivers and Exceptions I Reasonable Accommodations Appeals Environmental Review Purpose and Applicability Review Procedures Mitigation Monitoring Program Appeals . CITY OF SEAL BEACH MUNICIPAL CODE 2 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.05 Review Authority Sections S 11.5.05.005 S 11.5.05.010 S 11.5.05.015 S 11.5.05.020 S 11.5.05.025 City Council Planning Commission Director of Development Services City Building Official Review Authority S 11.5.05.005 City Council. The City Council shall: A. Adopt, reject or modify amendments to the General Plan. B. Adopt, reject or modify Specific Plans, Planned Development Plans and amendments to Specific Plans, Planned Development Plans, the official zoning map, and the Zoning Code. C. Approve, reject, modify or amend Development Agreements. O. Consider appeals of conditional use permits, variances and any other permits that can be appealed pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions. E. Decide appeals on environmental determinations by the Director or the Planning Commission. S 11.5.05.010 Planning Commission. The Commission shall: A. Recommend to the City Council amendments to the General Plan. B. Recommend to the City Council Specific Plans, Planned Oevelopment Plans and amendments to Specific Plans, Planned Oevelopment Plans, the official zoning map, or the Zoning Code. C. Recommend Development Agreements and amendments thereto. CITY OF SEAL BEACH MUNICIPAL CODE 3 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS O. Approve, conditionally approve, modify, or disapprove conditional use permits, variances, and waivers and exceptions/reasonable accommodation. . E. Revoke conditional use permits, variances, or other zoning permits. F. Oecide appeals on Director decisions as listed on Table 11.5.05.025: Review Authority. G. Make environmental determinations on any Commission approvals that are subject to environmental review under the California Environmental Quality Act. H. housing. Oetermine incentives for eligible developers proposing affordable I. Make other decisions delegated by the City Council. S 11.5.05.015 Director of Development Services. The Director of Oevelopment Services shall: A. Issue written regulations for the administration of this Zoning Code. . B. Determine if applications are complete and may be accepted for processing. C. Review projects for compliance with the California Environmental Quality Act ("CEQA"). The Director shall: 1. Oetermine whether applications are exempt under CEQA. 2. Propose project revisions to mitigate environmental impacts. 3. Determine whether an environmental impact report is required. O. Approve administrative modifications to the discretionary permits and other types of approvals listed in Chapter 11.5.25: Director Determinations. E. Grant the waivers and exceptions listed in Chapter 11.5.25: Director Determinations, Section 11.5.25.020: Waivers and Exceptions / Reasonable Accommodations. CITY OF SEAL BEACH MUNICIPAL CODE 4 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS F. Oetermine whether applications would require a zoning change or amendment to the General Plan. G. Oetermine zoning conformance pursuant to Chapter 11.5.25: Director Determinations, Section 11.5.25.010: Zoning Conformance Review Procedures. H. Interpret the Zoning Code upon request. I. Verify zoning regulations, the scope and viability of previously issued permits and other matters related to the applicability of city regulations on an application. J. Make any other determinations listed on Table 11.5.05.025: Review Authority. K. Forward Commission requests to initiate General Plan amendments, Specific Plans, Specific Plan amendments to the City Council for concurrence. The Oirector may refer any request to the Commission for a decision. Additional fees shall not be charged to the applicant in the event of a Oirector's referral. S 11.5.05.020 City Building Official. The City Building Official shall enforce regulations pertaining to the construction and alteration of structures pursuant to the California Building Code. S 11.5.05.025 Review Authority. Table 11.5.05.025: Review Authority, identifies the city pfficial or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 5 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . ...... 'j::.,.,.iILo!:"~...r: ..,~ ';"'4:"~', "" ,~ '..5t<:..:.,.;J"":: ''"*':':''.,:',..'~ """:'.,,,,"~."'.' . " "'''::~ :J;jBlE:'1'1'!5~05D2Sljy' ,'~, ::'tr~.l: .; ;:'~};;:;r,ii1?~f~...";-::!';,,!,:'!,: ' '{J,~.~, ',,<~~/ .~~ 5~~~f~:.:,..r. .~> . ,,~::~~~ y>. .~.,.. ." : ::~J:>~:":~t ........::~f.ry~~~~ .'<.....~., .~1<...."-......,""'..,4:~.. ;.i"'ii"" "';l;,;" .".'~'- ., :l.~.;' :..~:;~ . ~EW:AtJl1HOR1~ ,~ ~~i{;:. ~:~ ,:<~. ~ '..~ :~~: ~' ':::;W~:l,t~~~~.:" co'c . '!:W;:,101o'<-o., ", .:'. ..;';"'".. '; 'n..:":~"~' ;"i.j<-,,,,,,:~,!f~.:!~.:.~.;..:>: C.;;,Jli"i?:,,":-~,,:-: .:~':: : ::):1"-'>;1:;1.',,,"-: J .~_,;~; .;:':.-:- '~ ;:-.;' :....'.' <to :~:" ~:r.l .:.1 A...:A~:tt :~,.~ '0' .fI:i:':f!li" ~'..:ftSl;:'; " 1:. ~:. .....,: .' '. ~;'. . Review AU,t,..ority and Role 1 , . TYPE OF PERMIT' PROCEDURE . . PLANNING " CITY . OR DECISION IS IN: DIRECTOR COMMISSION COUNCIL ' land Use Permits'and Other Development Entitlements:.. Administrative Use Permit Adult Business Zoning Clearance Conditional Use Permit Development Agreement Development Permits Director Determination Special Event Permit Specific Plan Temporary Use Permit Parcel Maps, Tentative and Final Tract Maps Variance Waiver/Reasonable Accommodation Zoning Conformance Review General Plan Amendments Chapter 11.5.20 Decision Appeal Chapter 11.4.50 Decision Chapter 11.5.20 Decision Chapter 11.5.15 Chapter 11.5.25 Chapter 11.5.25 Recommend Decision Decision Appeal Appeal Article 7, Chapter 7.50 Chapter 11.5.15 Chapter 11.5.25 Decision Decision Recommend Appeal Article 10 Recommend Chapter 11.5.20 Chapter 11.5.25 Decision . Decision Appeal Chapter 11.5.25 Decision Appeal Chapter 11.5.15 Recommend CITY OF SEAL BEACH MUNICIPAL CODE 6 Appeal Appeal Appeal Decision Appeal Appeal . Appeal Decision Appeal Decision Appeal Appeal Appeal Decision . . . . TITLE 11,- ZONING PART V: LAND USE AND ZONING DECISIONS TYPE OF PERMIT PROCEDURE OR DECISION _ IS IN: " Zoning Code Administration and Amen~~ents:' Interpretations Chapter 11.5.25 Decision Zoning Map Amendments DIRECTOR Appeal Appeal Chapter 11.5.15 Recommend Decision Zoning Text Amendments Chapter 11.5.15 Recommend Decision Note 1: "Recommend. means that the review authority makes a recommendation to a higher decision-making body; "Decision. means that the review authority makes the final decision on the matter; II Appeal. means that the review authority may take action upon appeals to the decision of an earlier decisionmaking body. CITY OF SEAL BEACH MUNICIPAL CODE 7 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . Page has been intentionally left blank . CITY OF SEAL BEACH MUNICIPAL CODE 8 . . . . Sections S 11.5.10.005 S 11.5.10.010 S 11.5.10.015 S 11.5.10.020 S 11.5.10.025 S 11.5.10.030 S 11.5.10.035 S 11.5.10.040 S 11.5.10.045 S 11.5.10.050 S 11.5.10.055 S 11.5.10.060 S 11.5.10.065 S 11.5.10.070 S 11.5.10.005 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.10 General Procedures Applicability Application Forms and Fees Optional Pre-Application Review Review of Applications Public Notification Discretionary Actions by the Planning Commission or City Council Acceptance of Conditions limitation on Resubmittal of Applications Scope of Approvals; Compliance with Conditions Effective Date for Appealable Decisions Expiration and Extension Modification of Approvals Revocation of Permits Performance Guarantees Applicability. This Chapter establishes general procedures for processing applications. Specific procedures set forth in other portions of this Title control if there is any conflict or inconsistency. No City action, inaction, or recommendation on any matter subject to this Title shall be invalid by reason of any error, irregularity, informality or omission as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals or any procedural matter. S 11.5.10.010 Application Forms and Fees. A. Applicants. The following persons may file applications: 1. The owner of the subject property. 2. An agent representing the owner, duly authorized to do so in writing by the owner, including a person with a duly executed written contract or exclusive option to purchase the subject property or a lessee in possession of the subject property. CITY OF SEAL BEACH MUNICIPAL CODE 9 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 3. A lessee of the subject property applying for a Zoning Certificate may file without the consent of the owner, provided the lessee provides notice of the application to the owner of the property. . B. Application Forms and Supporting Materials. 1. The Director may prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Zoning Code. 2. The Director may require the submission of supporting materials as part of the application, including but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, and other items necessary to describe existing conditions and the proposed project. The Director may require sufficient information to permit the City to determine the level of environmental review that shall be required pursuant to the California Environmental Quality Act. Unless otherwise specified, all renderings shall depict the proposed structure, landscaping, other improvements, and surrounding land uses as they would appear one year after project completion. 3. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection upon . request. 4. Upon request, any person may examine an application and materials submitted in support of or in opposition to an application during normal business hours. Unless barred by law, copies of such materials shall be made available at the reasonable cost established pursuant to Municipal Code Title I: General Provisions, Section 1.10.055: Fees for Applications and Appeals. C. Payment, Waiver and Refund of Application Fees. 1. Pursuant to Municipal Code Title I: General Provisions, Section 1.10.055: Fees for Applications and Appeals, the Council has established reasonable fees for the processing of permits. The Applicant shall submit all required fees concurrently with the application. No application will be processed or deemed complete without payment of all required fees, unless the City waives or defers required fees. 2. No fee shall be required when the applicant is the City or another governmental organization, or if it is waived under any other provision of this Code. CITY OF SEAL BEACH MUNICIPAL CODE 10 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 3. If an application is withdrawn prior to a decision, the applicant may be eligible for a refund of a portion of the fee. The amount of the refund shall be determined by the Oirector based on the level of staff review conducted prior to the withdrawal. No refund shall be made for any application that has been denied. S 11.5.10.015 Optional Pre-Application Review. An applicant may apply for Pre-Application Review to obtain information on relevant General or Specific Plan policies, zoning regulations, and procedures for large or complex projects, and projects that are potentially controversial. A. The applicant shall submit the fee established pursuant to Municipal Code Title I: General Provisions, Section 1.10.055: Fees for Applications and Appeals and any materials requested by the Director. B. Submission of materials for pre-application review shall not be considered an application for a development project under the terms of the Permit Streamlining Act (PSA) or California Environmental Quality Act (CEQA) and shall not trigger any obligation on the part of the City to act on any project within a specified period of time. C. An applicant may request, or the Director may recommend, preliminary review by the Planning Commission. Any recommendations that result from such review shall be considered advisory only and shall not be binding on either the applicant or the City. D. Following pre-application review, Staff shall provide the applicant with a written summary of the procedures and requirements applicable to the potential project. S 11.5.10.020 Review of Applications. A. The Oirector shall determine whether an application is complete within 30 days of the date the application is filed with all required fees. B. If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application. If the applicant fails to correct the specified deficiencies within 30 days of notification, the Director shall deem the application withdrawn and will return it to the applicant. CITY OF SEAL BEACH MUNICIPAL CODE 11 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS C. The Director shall document the date the application is deemed complete, schedule any required public hearing, and notify the applicant of the date and time of the hearing. . D. The Director may, upon written request and for good cause, grant extensions of any time limit imposed by this Zoning Code. fi 11.5.10.025 Public Notification. A. Mailed Notices, Administrative Use Permit Matters. At least 10 days before taking action on an Administrative Use Permit that can be issued without a public hearing, the Director shall provide notice by First Class mail to: 1. All property owners of record and building occupants within a 300-foot radius of the proposed project; 2. All neighborhood and community organizations that have previously requested notice of projects in the area where the site is located in writing; and 3. Any person or group who has provided a written request for . notice regarding the application. B. Mailed Notices, Public Hearing Matters. At least 10 days before the date of the public hearing, the City shall provide notice by First Class mail to: 1. All property owners of record and building occupants within a SOQ-foot radius of the proposed project; 2. All neighborhood and community organizations that have previously requested notice of projects in the area where the site is located in writing; and 3. Any person or group who has provided a written request for notice regarding the application. C. Additional Hearing Notice. In addition to providing mailed notice pursuant to subsection B, the City shall provide notice within 10 days of the hearing by publication in at least 1 newspaper of general circulation. D. Alternate Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed CITY OF SEAL BEACH MUNICIPAL CODE 12 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS notice required in subsection B, the City may provide notice by placing a display advertisement of at least one-eighth page in at least 1 newspaper of general circulation at least 10 days prior to the hearing. E. Contents of Notice. The notice shall include the following information: 1. A general description of the proposed project or action and the property included in the application; 2. The date, time, location, and purpose of the public hearing; 3. The names of the applicant and the owner of the property that is the subject of the application; 4. A general description of the environmental review conducted and any proposed environmental determination concerning the application; S. The location and times at which the complete application and project file, including the environmental documentation, may be viewed by the public; 6. A statement that any interested person or authorized agent may appear and be heard; and 7. fi 11.5.10.030 A statement describing how to submit written comments. Discretionary Actions by the Planning Commission or City Council. A. Public Hearings. 1. Rights of All Persons. Except as otherwise provided in Paragraph 2 below, any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person testifying shall state his or her name, may state an address and, if appearing on behalf of a person or organization, state the name of the person or organization being represented. 2. Time Limits. The Chair of the hearing may establish time limits for individual testimony and may require that individuals with shared positions select 1 or more spokespersons to present testimony on behalf of those individuals. Due process may require relaxation of such limits. CITY OF SEAL BEACH MUNICIPAL CODE 13 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS B. Decision. The decisionmaker shall take action within 30 days of the conclusion of the public hearing. . C. Notice of Decision. The City shall notify the Applicant of the decision. Such notice may be in the form of a Planning Commission or City Council resolution, a City Ordinance or other written document. The City Clerk shall mail such notice to the Applicant at the mailing address stated in the application and to any other person or entity who has filed a written request of such notification with the City. fi 11.5.10.035 Acceptance of Conditions. Land use entitlements shall not become effective for any purpose until the applicant signs and returns a notarized City "Acceptance of Conditions" form. fi 11.5.10.040 Limitation on Resubmittal of Applications. A denial precludes the filing of an identical application within 1 year of the date of denial, unless the denial was without prejudice. fi 11.5.10.045 Scope of Approvals; Compliance with Conditions. A. Any approval permits only those uses and activities specifically . proposed in the application. Unless otherwise specified therein, the approval of a use shall terminate all rights and approvals for previous uses no longer occupying the same site or location. B. Unless otherwise specified or required by the City, the applicant must develop, maintain and operate the project in substantial compliance with the site plan, floor plans, building elevations and/or any additional information or representations, indicating the proposed structure or manner of operation, submitted during the processing of the application. Any approval may be subject to a condition that the permittee ensures compliance with the submitted plans and conditions imposed thereon and acknowledges. that inconsistency with the application, submitted plans and conditions invalidates the entitlement. C. Any land use entitlement is subject to, and shall comply with, all applicable City ordinances, resolutions or regulations, laws and regulations of other governmental agencies and conditions imposed thereon. D. Approvals may be subject to periodic review to determine compliance with the permit and conditions. If a condition specifies that activities or uses allowed under a discretionary permit are subject to periodic reporting, monitoring, or CITY OF SEAL BEACH MUNICIPAL CODE 14 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions. fi 11.5.10.050 Effective Date for Appealable Decisions. A. Appealable Decisions. No building permit or business license shall be issued for any project where a permit is subject to appeal until the 11th day following the date of the action on the permit. B. Ordinances. No building permit or business license shall be issued for any project where an ordinance is required until the effective date of the ordinance. fi 11.5.10.055 Expiration and Extension. A. Automatic Lapse. The entitlements conferred by any permit granted pursuant to this Zoning Code expire if not exercised or extended within 1 year of issuance. 1. Exercise of Discretionary Permits. A discretionary permit is deemed exercised on the date the permitted use has commenced. 2. Exercise of Building Permit. A permit for the construction of a structure is deemed exercised on the date construction has lawfully commenced pursuant to a valid City building permit. B. Extension. The Director may approve a single 1-year extension of any land use entitlement upon receipt of a written application with the required fee prior to expiration of the permit. The Planning Commission may approve any other extensions. C. Lapse by Written Notice. The Director may declare that any permit has lapsed by providing 1S days written notice to the permit holder. The permit holder may seek reinstatement of the permit by filing a request with the Planning Commission within 10 days of the date of the notice. The Commission shall hold a public hearing to consider the request. fi 11.5.10.060 Modification of Approvals. A. Changes Requiring Modification. There shall be no change in the use or structure for which a permit has been issued unless the permit is modified by the Director or Planning Commission as provided for in this Zoning Code. Unless CITY OF SEAL BEACH MUNICIPAL CODE 15 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS specifically authorized in the original approval, changes that require modification include, but are not limited to, the following: . 1. Expanding the floor or lot coverage devoted to the approved use or uses by more than S percent; 2. Expanding the floor area, or lot coverage devoted to customer service and/or an increase in the number of customer seats by more than S percent; 3. or entrances; Substantially increasing the number of employees, beds, rooms 4. Establishing a new product line, service, function or activity so as to change or intensify the use as defined in Chapter 11.4.8S: Use Classifications or as defined in the City's adopted California Building Code; and S. All approved modifications less than the above-described thresholds shall comply with all other applicable development standards of the Zoning Code. B. Minor Modification by Director. The Director may approve minor modifications to approved plans that are in substantial conformance with the findings . made and conditions imposed in connection with a project, and that would not intensify any potentially detrimental effects of the project. Such minor modifications shall not exceed the thresholds set forth in Section A: Changes Requiring Modification, above and shall comply with all other applicable development standards of the Zoning Code. fi 11.5.10.065 Revocation of Permits. A. Procedure and Notification. The City may revoke any permit if the use or operation violates any of the permit's terms or conditions or any law or ordinance. The Planning Commission shall hold a public hearing. The City shall provide written notice to the permit holder at least 10 days before the public hearing that includes: revocation. 1. The specific land use entitlement permits being considered for 2. The address and Assessor's Parcel Number of the affected property. CITY OF SEAL BEACH MUNICIPAL CODE 16 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 3. The reason or reasons for the proposed revocation. 4. The time and place of the revocation hearing. B. Public Notification. The City shall provide the same public notice of the hearing that is required for the permit that is proposed for revocation. C. Conduct of Public Hearing. The public hearing shall be conducted in the same manner as for the permit that is proposed for revocation. D. Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings: 1. The permit has lapsed as provided for in Section 11.S.10.0SS: Expiration and Extension. 2. The permit holder has failed to comply with 1 or more of the conditions of approval. 3. The use, building, or structure has been substantially changed in character or substantially expanded beyond the entitlement. 4. The use has created criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation, or litter. S. The property has been vacant or the use permitted by the permit has not been in continuous operation for at least 1 year prior to the date of the notice. The permit holder shall have the burden of establishing its good faith effort to occupy the property and reestablish the use. The Planning Commission may require the permit holder to produce documentation to substantiate that intent. E. Notice of Action. In the event the Planning Commission revokes, modifies or imposes additional conditions on a permit, the Commission shall adopt a Resolution containing its determinations and findings. The City shall mail a copy of the Resolution to the permit holder and to any person requesting notice of the action and provide the City Council with a copy of the Resolution prior to its next regular meeting. F. Appeals. Any person may appeal the Planning Commission's action pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions, in which case the City Council shall be the hearing officer as that term is CITY OF SEAL BEACH MUNICIPAL CODE 17 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS used in Title 1 : General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions. . fi 11.5.10.070 Performance Guarantees. A permit applicant may be required by conditions of approval or by action of the Director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval. A. Form and Amount of Security. The required security shall be in a form approved by the Director and City Attorney. The amount of security shall be as determined by the Director to be necessary to ensure proper completion of the work and/or compliance with conditions of approval. B. Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the Director may require security for maintenance of the work, in an amount determined by the Director to be sufficient to ensure the proper maintenance and functioning of improvements. C. Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the . Director, or until any warranty period required by the Director has elapsed. Maintenance security shall remain in effect for 1 year after the date of final inspection. D. Release or Forfeit of Security. 1. Upon satisfactory completion of work and the approval of a final inspection, or after the end of the required time for maintenance security, the improvement and/or maintenance deposits or bonds shall be released. 2. Upon failure to complete the work, failure to comply with all of the terms or conditions of any applicable permit, or failure of the completed improvements to function properly, the City may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the City, including all costs and expenses associated with the work, all administrative and inspection costs and actual attorneys fees incurred in connection therewith. 3. Any unused portion of the security shall be refunded to the funding source after deduction of all costs, expenses, and fees mentioned in subsection 2 above. CITY OF SEAL BEACH MUNICIPAL CODE 18 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.15 Legislative Actions Sections fi 11.5.15.005 fi 11.5.15.010 fi 11.5.15.015 fi 11.5.15.020 fi 11.5.15.025 fi 11.5.15.030 fi 11.5.15.035 fi 11.5.15.040 fi 11.5.15.045 General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements Specific Procedure for Processing Applications Public Notice Public Hearing and Action Required Findings General Plan and Amendments Available to the Public Additional Requirements for Development Agreements Additional Requirements for Adopting Specific Plans Regulations for Planned Development Plans fi 11.5.15.005 General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements. A. Ordinance or Resolution Required. The City Council shall adopt specific plans, development agreements, planned development plans and amendments to the official zoning map, zoning code, specific plans, development agreements and planned development plans by ordinance. The City Council shall adopt the General Plan, and amendments thereto by Resolution. B. Initiation. The City Council or Planning Commission may initiate the legislative actions governed by this Chapter. The Director must obtain Council authorization prior to processing a specific plan or an amendment to the General Plan, any specific plan, official zoning map or zoning code by the Planning Commission. A person who has a legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on behalf of the applicant. C. Annual Review and Schedule for General Plan Amendments. The Planning Commission shall establish a schedule for considering General Plan amendments in compliance with the requirements of State law. At least 1 public hearing per year shall be scheduled to review the General Plan and the schedule. CITY OF SEAL BEACH MUNICIPAL CODE 19 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . fi 11.5.15.010 Specific Procedure for Processing Applications. Unless otherwise indicated, the following procedure applies to applications filed by a property owner for a Specific Plan, development agreement, planned development plans, and amendments to the General Plan, any Specific Plan, zoning map, and zoning code. A. Application. The owner shall submit an application for each action governed by this Chapter in accordance with Section 11.S.1 0.01 0: Application Forms and Fees. B. Coordination of Multiple Applications. The Director may require that any applications affecting the same property be processed concurrently. An application for legislative action is not a development project within the meaning of the Permit Streamlining Act (PSA) and thus such applications shall not be subject to the time limits specified therein for processing development project applications. Any PSA time periods applicable to applications for development projects processed concurrently with applications for legislative action do not commence until the effective date of the legislative action. C. Initial Review. The Director shall review each application to determine . whether it is complete in accordance with Section 11.S.10.020: Review of Applications. If the application is complete, the Director shall determine whether an Initial Study, Negative Declaration, Environmental Impact Report, or other environmental documentation is required in compliance with applicable State and local requirements. D. Preliminary Planning Commission or Council Review of General Plan Amendments, Specific Plans or Specific Plan Amendments. The Director may recommend preliminary review by the Planning Commission or the City Council of any General Plan Amendments, Specific Plans, or Specific Plan Amendments. 1. Within 4S days after determining an application for a Plan amendment or adoption is complete, the Director shall prepare a written report for the reviewing body and place the preliminary review on the agenda at the earliest practicable date. The Director shall analyze whether the proposed change: a. Is compatible with the goals, objectives, and policies of the General Plan and any applicable Specific Plan policies, zoning regulations, and design guidelines; b. May have a significant impact on the environment; and CITY OF SEAL BEACH MUNICIPAL CODE 20 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS c. Necessitates the need for amendments to the Zoning Code. 2. Any resulting recommendations shall be considered advisory only and shall not be binding on either the applicant or the City. If the reviewing body directs Staff to continue processing the proposed amendment or adoption, the direction shall not signify support for the proposed amendment or adoption. The reviewing body may identify any additional materials or documentation that it deems necessary to take action on the application. fi 11.5.15.015 Public Notice. At least ten 10 days before the date of any public hearing, the City shall provide notice in compliance with the requirements of Section 11.S.10.02S: Public Notification. In addition, the City shall comply with the following requirements: A. Coordination with General Plan Amendment Schedule. General Plan Amendments shall be scheduled in accordance with the City's Annual General Plan Amendment Schedule. B. Coordination of Notices. The public hearing notice shall identify each proposed action to be considered at the public hearing. C. Notice to Affected Service Providers. At least 10 days prior to the date of the public hearing, notice shall be sent to the Los Alamitos Unified School District and any other agency expected to provide essential facilities or services to the property that is the subject of the proposed action. D. Notice of Intent to Approve Development Agreement. The City shall publish a notice of intent to consider adoption of a development agreement pursuant to Government Code Sections 6S864 et seq., as may be amended from time to time. fi 11.5.15.020 Public Hearing and Action. A. Planning Commission Hearing and Action. 1. The Planning Commission shall conduct a public hearing on the proposed legislative action in conformance with Chapter 11.S.10: General Procedures. If an applicant has also applied for quasi-judicial action such as a subdivision, conditional use permit or variance, the Commission shall consider those applications at the same hearing. CITY OF SEAL BEACH MUNICIPAL CODE 21 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . 2. Within 30 days after concluding the hearing, the Commission shall adopt a resolution recommending to the Council its recommended action. a. For City Council initiated actions, failure of the Commission to adopt a resolution shall be deemed to be a recommendation of approval. b. For Commission initiated actions, adoption of a resolution recommending disapproval or failure of the Commission to adopt a resolution terminates the processing of the action. c. For applications filed by property owners, adoption of a resolution recommending disapproval becomes final unless an appeal is filed with the City Clerk within 10 days of the Commission's adoption of the resolution. B. City Council Hearing and Action. 1. The City Council shall conduct a public hearing on the proposed legislative action in conformance with Chapter 11.S.1 0: General Procedures. 2. After the conclusion of the hearing, the City Council may: a. Adopt an ordinance adopting a specific plan, planned development plan, zone text amendment, zone change or development agreement. . b. Adopt a resolution approving the General Plan or amendments thereto. fi 11.5.15.025 Required Findings. In general, no findings are required for legislative acts. Notwithstanding this general rule, the Council shall make any environmental findings required pursuant to Chapter 11.S.30: Environmental Review, and determine whether the proposed action is consistent with the General Plan and any applicable Specific Plan. Further, state law requires special findings for certain zoning decisions related to, for example, affordable housing. fi 11.5.15.030 General Plan and Amendments Available to the Public. Within 1 working day following the Council action, the City Clerk shall make the amendment available for public inspection. Within 2 working days following receipt of a request accompanied by payment of a reasonable cost for copying, the Clerk shall provide copies of the documents to any person making such a request. CITY OF SEAL BEACH MUNICIPAL CODE 22 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS fi 11.5.15.035 Additional Requirements for Development Agreements. A. Development agreements provide a greater degree of certainty by granting assurance that an applicant may proceed with development in accordance with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance- and protect the environment are achieved. A development agreement constitutes a contract, negotiated and voluntarily executed by the City and applicant that may contain any conditions, terms or provisions agreed upon by the parties. B. The owner may request that the City treat an application for a development project as a development agreement application. C. In addition to the processing fees set forth in Section 11.S.10.010: Application Forms and Fees, an owner shall deposit money with the City to pay all fees, costs, expenses and charges for: the filing and processing of the application; the administration of approved development agreements, including annual reviews; and any consultant fees and legal fees and costs incurred by the City in connection with the processing of applications and annual reviews. D. The City Council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed General Plan or specific plan provisions which are to be adopted concurrently with the approval of the proposed development agreement. A finding of consistency may be made if, considering the General Plan and/or specific plan as a whole and balancing competing provisions as appropriate, the City determines that the proposed development agreement does not conflict with the provisions of the General Plan and/or specific plan. E. Contents. A development agreement: 1. Shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability to successors in interest. CITY OF SEAL BEACH MUNICIPAL CODE 23 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 2. May include requirements for construction and maintenance of onsite and off-site improvements or payment of fees in lieu of such dedications or improvements. . 3. May include conditions, terms, restrictions, and requirements for subsequent discretionary actions. 4. May include, without limitation, conditions and restrictions imposed by the City including any conditions and restrictions in order to eliminate or mitigate adverse environmental impacts of the project. S. May provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time. 6. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing. 7. Shall contain an indemnity clause reqUiring the applicant to defend, indemnify and hold the City harmless against all claims arising out of or in any way related to the application, the agreement and the project including all legal . fees and costs incurred by the City by counsel of the City's choice. 8. May include provisions to guarantee performance of obligations stated in the agreement. F. The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in California Government Code Section 6S86S.4 or any successor statute, are non- exclusive. A development agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of the development agreement. G. Within 10 days after the ordinance approving the development agreement takes effect, the City Manager shall execute the development agreement on behalf of the City, and the City Clerk shall record the development agreement with the county recorder. H. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the City terminates or modifies the CITY OF SEAL BEACH MUNICIPAL CODE 24 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS development agreement for failure of the applicant to fully comply with its provisions, the City Clerk shall record notice of such action with the county recorder. I. Annual Review, Amendment or Cancellation. The Director shall review each approved development agreement at least once a year at which time the applicant shall be required to demonstrate compliance with the provisions of the development agreement. 1. Initiation of Annual Review. The applicant shall initiate the required annual review by submitting a written request at least 60 days prior to the review date specified in the development agreement. The applicant shall also provide evidence as determined necessary by the Director to demonstrate compliance with the provisions of the development agreement. The applicant shall bear the burden of proving by substantial evidence that it has complied with the provisions of the development agreement. 2. Finding of Compliance. If the Director, based on substantial evidence, finds the applicant has complied with the provisions of the development agreement, the Director shall issue a finding of compliance, that may be recorded with the county recorder after conclusion of the review. 3. Determination of Non-Compliance. If the Director determines the applicant has not complied with the provisions of the development agreement, the Director may issue a noncompliance report and record it with the county recorder after it becomes final. The report shall specify all matters of non-compliance, required measures and a reasonable deadline for compliance. Alternatively, the Director may refer the development agreement to the City Council to determine compliance. 4. Appeal of Determination. Within 10 days after issuance of a finding of compliance or a determination of noncompliance, any person may appeal the action pursuant to Title 1: General Provisions, Section 1.20.00S: Administrative Review, in which case the City Council shall be the hearing officer as that term is used in Section 1.20.00S: Administrative Review. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by City Council resolution. S. Decision is Final. The City's decision is final on the day: a. the appeal period expires without appeal; b. the City Council takes action on any appeal. CITY OF SEAL BEACH MUNICIPAL CODE 25 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS J. Termination or Modification After Finding of Noncompliance. If applicant does not comply with any required measures within the deadline, the Director may refer the development agreement to the City Council for termination or modification. The City Council shall conduct a public hearing in compliance with the provisions of Chapter 11.S.1 0: General Procedures; such hearing may be combined with any hearing or appeal regarding the development agreement. After the public hearing, the City Council may: terminate the development agreement; modify the finding of noncompliance; impose additional compliance measures; or rescind the finding of noncompliance and issue a finding of compliance. . K. Termination or Modification by Mutual Consent The parties may terminate or modify a development agreement by mutual consent. A development agreement may also specify procedures for Director approval of amendments requested by the applicant. L. Rights of the Parties After Termination. In the event that a development agreement is terminated, all rights of the applicant, property owner, or successors in interest under the development agreement shall terminate. If a development agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, keep any benefit, including reservations or dedications of land, and payments of fees, received by the City. M. Effect of Development Agreement. . 1. City Rules Apply. Unless otherwise specified in the development agreement, the City's ordinances, resolutions, rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City ordinances, resolutions, rules, regulations and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable City ordinances .or regulations pertaining to persons contracting with the City. 2. New Rules may be Applied. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new ordinances, resolutions, rules, regulations and policies which do not conflict with those ordinances, resolutions, rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the City from denying or conditionally approving any subsequent discretionary land use entitlement or authorization for the project on the basis of such existing or new ordinances, resolutions, rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall CITY OF SEAL BEACH MUNICIPAL CODE 26 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS not exempt the applicant from obtaining future required discretionary land use entitlements. 3. Rules Affecting Development Agreement. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with 1 or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law. fi 11.5.15.040 Additional Requirements for Adopting Specific Plans. A. Minimum Area. The minimum area for an area proposed for a specific plan shall be 2.S acres. B. Development Standards and Regulations. All property, uses and development within a Specific Plan's area shall conform with the development standards and regulations and any other provisions of that Specific Plan. The provisions of a Specific Plan shall supersede and control over any conflicting provisions of this Title. Particular care must be exercised in the establishment of building height development standards for each Specific Plan. C. Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or amendment for any site, the City Council shall consider the site's base zoning district and existing zoning, the height of existing buildings immediately surrounding the site and the effect of the proposed building height on the areas surrounding the site. fi 11.5.15.045 Regulations for Planned Development Plans. Regulations for planned development plans are contained in Chapter 11.3.10: Planned Development Overlay District (-PD). CITY OF SEAL BEACH MUNICIPAL CODE 27 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . Page has been intentionally left blank . CITY OF SEAL BEACH MUNICIPAL CODE 28 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.20 Development Permits Sections: fi 11.5.20.005 fi 11.5.20.010 fi 11.5.20.015 fi 11.5.20.020 fi 11.5.20.025 fi 11.5.20.030 Administrative Use Permits, Conditional Use Permits and Variances Review Authority Review Procedure Required Findings Conditions of Approval Appeals; Expiration and Extensions fi 11.5.20.005 Administrative Use Permits, Conditional Use Permits and Variances. A. Administrative Use Permits. The Director may issue Administrative Use Permits for certain uses identified in Part II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of surrounding properties. B. Conditional Use Permits. The Planning Commission may issue Conditional Use Permits for certain uses identified in Part II and III: Base District and Overlay District Regulations and Part IV: Regulations Applying in Some or All Districts, that require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity. C. Variances. The Planning Commission may issue Variances to adjust dimensional and performance standards, subject to the following: 1. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated; and 2. A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized by the zone district regulations governing the parcel of property. CITY OF SEAL BEACH MUNICIPAL CODE 29 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS fi 11.5.20.010 Review Authority. The following tables set forth use types that are permitted by right, permitted by right with specified limitations, or require Administrative or Conditional Use Permit approvals: D Table 11.2.0S.01 0: Use Regulations - Residential Districts; D Table 11.2.10.010: Use Regulations - Commercial and Mixed-Use Districts; D Table 11.2.1S.010: Use Regulations - Light Manufacturing and Oil Extraction Districts; D Table 11.2.20.010: Use Regulations - Public and Semi-Public Facilities Districts; and D Table 11.2.2S.01S: Use Regulations - Open Space and Parks Districts. In addition, Table 11.S.20.010: Review Authority lists the types of land use entitlements that require either an Administrative Use Permit or a Conditional Use Permit. The Planning Commission shall consider variance applications. :i...." ........:, I ".< ," . ..... . " TABLE 11~5.20.010'''"',, ".". "':.:":'.,' '.,' " REVIEW.AUTHORlri:;;;.... ,'. '-: .'. .:,,;'r.. . ~,/,' : ?-.)~ '.' co, . ..' " OS.' ~l" ' .:~. }~V 0" "~ ?', I':' ~ . r; ': :-:;} Chapter 11.2.05 - Residential Districts y ~., " .. , ....... " ...;....:..<,:... Use:Permit R~quir~d::':':::< '.... " '. .~ . :. '. '~~~ .~,.:.., '~::~'.:: " ',; . , '. < .' ". ... " .. .. . :\. -::,~. ,- " " . ", . . .. . , R~quiremen~ is: in' '. ' Administr~iiv..':': :.:C'onditional ... ..' 'L~l"!d U~e Entitlement or: " ... ....~. ..... ... . . '. ":'::'. ~ection: .y':i~ :. . '. Use' Pel'lT!it"> ...use Permit : . ,.....r, : ,,'ActlvJty.. .... .,' '< '. ' .....:... ~., ~.~ ". :"~' ::"':". . Exterior stairway - flood zone Table 11.2.05.015, X areas Note L-2 Surfside - zero side yard 9 11.2.05.015.A.6.c X Surfside - nonconforming 9 11.2.05.015.A.6.g X building expansion Exception to main building 9 11.2.05.015.1.5.a X envelope Reduced rear yard - RLD-9 9 11.2.05.015.1.5.b X District Maximum height of downslope 9 11.2.05.015.K X skirt walls Larger porch length 9 11.2.05.015.0.3 X CITY OF SEAL BEACH MUNICIPAL CODE 30 . . . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS ':;::'::;::::..... :........:..::.::.:..-:.:... ..... .......,. .'..':. '.' '/rAB'~~. 'j'(:5,~~~O.~o".:{C().ntln'u~df.:~:.. ,:;,:." ! .:::'":>:,,,: " ...., , ',,' :': ;. '.':,'., :".:"< .:... ',!',~, -"!';::". . (<:':::.~ '.REvIEW:AUJHORrrY!:'.'.::- .. ,,--'.: . ' . '::'::;\ v"' '. '. ";'.;, .... ' .'. "':..,x, .: .,,,: . ., . '" .:.~. . A' '. '.. :,'" ," ':... .. :' . . .,'1': .,:':,!'" ':. . ',. .' .1'," "- Chapter 11.2.05 - Residential Districts (Continued) " ,:::':,'0:.::~'>" .~{:i,'~~'J~::;):."~.':'. ~.::.'./:.:~':. :.....:': '. :.:. ' . .. . ~.:..",' , '. :~\~:.. ':-U~~ :"P.ef.l11~~' ~~!.q'~ired :::: .:~':';- ',' "'., . . ,,~ '. ';';'1'., >- <,,"~. ,:-:',' . .. . ' .< . ,. .. ~ ";:'" :" ,,' ',:.' , ..' . .. ..'~ . .',,:' . v...... . .~ ." ..... .' . Administrative ". ; ':Conditiona( .<' '. ;Land 'Use'. ,Entitlement :or . . ' 'Requ'irement is :in '. j~' '. :~~"~"{~:"f:".,.',:~,ct~~~:~. ..;. :..(. ::. . '. :: ":', , . .~~,~tion:':~..''';,: 'Use .Permit .' '.~':4~e..Pe~if .( "", " " . Exception to curb cuts and ~ 11.2.05.015.U X Driveways - RLD-9 District Detached garage in front % of lot ~ 11.4.05.015.W.1 X Garage for more than 3 vehicles ~ 11.4.05.015.W.1 X Exception to maximum garage ~ 11.2.05.015.W.2 X width Exception to allowable parking ~ 11.2.05.015.W.6 X locations - multi-unit residential 2-story cabana or manufactured ~ 11.2.05.015.CC X home in mobile home park Elevator shaft structures ~ 11.2.05.015.EE X Chapter 11.2.10 - Commercial and Mixed-Use Districts ,,' '.'- : ... '.. . . ~/.:~~. :" .;::::-:.~ :~'. ' : :: "Use Pe'rmi't'Required .. .. .' ~ ... , Ad~inist~~~i~~:.. . Conditional... . :. .~".use Peryilit.. : . Use Permit' . X X " Land Use Entitlement or. . . ~ctivity .. . ;:.' :.... Open space location exceptions Parking location exceptions - LC/RMD, PO, and MSSP zones Exceptions to locations of truck docks, loading, and service areas Buildings oriented with primary fac;ade and entrance not to a public street Exceptions to ground floor design requirements Requirement is in 'Section: . ~ 11.2.10.015.E.1 ~ 11.2.10.015.F.2 ~ 11.2.1Q.015.H X ~ 11.2.10.015.K.1.a X ~ 11.2.10.015.L X CITY OF SEAL BEACH MUNICIPAL CODE 31 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . ..... . . '. '. ". ." . ....... .... . I > ..... ';". '.' ..' . :...... ::." . TABLE,1~.5~20.010:(Cont;nued)." '. ....... ,",.,. ..".. . ': :.'".,' -. , .' " I,.' . ._ . ":. ;';~./'.. ..... : .....<>.... 'REVIEW.AtiTHORrrY,",'<':~:,:....::.' .'. .... '. ':.J . .... . . . .<1..- .' _1.1" . ',. , . .... _ . ,II' .... :"', '1" .' ". ~.:l~ . . . . ~. v~' '::,:':'. :' " . : Chapter 11.2.10 - Commercial and Mixed-Use Districts (Continued) ",... ... . .~.. ."'. .. :';.' ~:,,,:'.::' ".:<. :... -t...." '.;0'<:' . :'" ~ .,..:..,,:~.,. ........ ....^~ .....v. : \ .~.. >f.':>/~"'''''''~'' "",'::'.": .,...;),.,'....:........,.:..<.. ......... ,.."t:'. Use.Permlt-Requlred.~' ;'1.: ....;> . ..::::..f.:[:'......~A.." . ... 'y" .~.. " .... .. ~.". ," . ,,' ". .....\... '. . ...:. . ....: " . . ,. ." .. .....'... .' '.' .,' ',' . ," :... :-'. . : . ....:.. '. :< .. '.. ", " .";"~ ' .' ~... . . ... "'......... . . .' . .Land:Use"E.rititlerrient or.::'. ::....: . . RequiremenUs in. . Administr.ative.. ':.:Conditional '. " .. . .. ,..... " ./. ,,' " ~:. '," " '" '.' ,," ....::. , . ..' . "'. .' , : ' , '. ." . ':~~Y "'>~' ....:.-:":Actiy,i~?:. .~<..,-}:~;~ .." ...:...; ;8ectlo~2"'.{'~';,"::::': ". U~e.;Pei"mlt :~.,:Use ~emiit.. Pedestrian access to buildings ~ 11.2.1 0.015.a X Projections above height limits ~ 11.2.1 0.015.R.2 X Chapter 11.2.15 - Light Manufacturing and Oil Extraction Districts .' ," ?.... . .,..' ~.>';.~-:: /:. '>' ) ',~.~:~':' .. Us.e':":Perm..lt.R. e.q'f:uire.'. d.' ..'> ,'iI:,,: l~:: .. : I -...- -" .. Land Use Entitlement oi....:.. . Requ!rerr-ent'ls h,:' .: Administrative Conditional ;.:: "',: : .. :. Activity ""<).~:: :.' :;..'. '~ect~or:-:'; ~':':"::~" . 'Ose:'~~rmlt". Use peilj11t Projections above height limits ~ 11.2.15.015.0.2 X ....: ~~'(-.:. ..... Chapter 11.3.05 -Residential Conservation Overlay Zone .' .' . ':. ~ " '::> ..~" .... . ...., Use P~rm'it R~q'~l~~d '. , , "., . : :......~ .' . " " : ~ '("'~ > ", '. ,~.... '" ' " ~ .. . ' .. . . . ."~ .: . > , ~~nd Use':E~titlem~nt .or' . R~qulre~,.nt i~ -(n :'. .. . Ad'minislrative .' Conditional . " '. ,," Use Permit ":.Y'LJ~e Permi(: :.. .~. . ~ Act~~ity:. , .. --:~. " .: '. '.~Sectlon: .:-':' ..' .. .'~:" ". .,'. . ,.' ... Bed and breakfast facility ~ 11.3.05.010.B X Parking on separate parcel ~ 11.3.05.015.B.18.c X . Chapter 11.3.15 - Commercial/Park Overlay Zone .' ./ . .. ' .. >.,~:.. : ..., ". ,:', .....:,...,.. "'Use.Permit Requi.red'. >. Larld U"se :Entitlement or' : Requirement'is in Administrative .'.: Conditional' : . ..' '",' '. :.; , ...... . >.' ..:.... . .. .' '<,. '.' . ...;> .' . .... ).-: ". ./,..:."., Act~Vlty,;: '.>. ", :...... > Sectlon~. . ;'. ... .~~e.~.~.rmlt.; .. Use Perml~':~~ Project development plan approval ~ 11:3.15.005 X CITY OF SEAL BEACH MUNICIPAL CODE 32 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . '..":. ..:~', ' ;~..:: ....... ..... "':,:.~: -TASLE' 11.5;20~01'Q .(Cont;nued): ': :..:.' ..,::: .>'''.';' <... :':"~'-:~,:..",': ': ..; . .,' .:....:/ I. " . '. .d. 'I'. .;:. . '" ~.~... ; I' . .'.. .' . . ,', :. .l> '.. ...../, " '. ...:--:...:::::.;"::':', . ".,: :,~,::,:::":.REVIJ;W.A~TIiORITY:' "'.:'. " ,.:,1": '. .: ::,..,<;:'.: :.' :'. '..~'<:~',: .' Chapter 11.4.05 - Standards for Specific Uses ::". : "',':'-:-"" :~'''''':::>;:'':':':':'''' ,",',:>~,:.:?.:::,:' ",'-;,,"':': :", !....:.}::,Us.~.Perm~fReqi..l,re~<,;<', . .. .' .' . . ~ . '. '.. .... ...... . .... .(.... . . . 'Land Lise 'Entitlement;,or'? ,',' . . Requirement'is:in:,':"',' . ,Administrative ':,:Conditional .::,' ':.':: "'I" '. " .,'.. .... . . .';'<;'<"~..'., . '.' .' "'l' ," " ~" .-:.. .' .::: . <':.. '~:' A~~i~i~Y'~'>'?:.:~. ";:::':"': '.~.>" ..:/:S.e~i~n::" "::'<::..: \: ,":)J~e Pemlit,'.;,:,,\.':Us~P!~it't Incidental Business Activity ~ 11.4.05.010.B.4 X X Alcohol Beverage ~ 11.4.05.015.A X Establishment Alcohol Beverage Establishment - non- conforming use Assisted Living Facilities Automated Teller Machines ~ 11.4.05.015.E X Automobile Service Station Tow Service Sale of beer and wine AutomobileNehicle Sales and Services Tow Services Child Day Care Facilities Large Family Day Care Homes and Child Day Care Centers Child Day Care Facilities Large Family Day Care Homes and Child Day Care Centers - Alteration to existing facility Drive-In and Drive-Through Facilities Extended Hour Business Home Occupations Kiosks ~ 11.4.05.025.B ~ 11.4.05.030.A ~ 11.4.05.035.A ~ 11.4.05.035.B.23 ~ 11.4.05.035.B.24 X X X X X ~ 11.4.05.040.E X ~ 11.4.05.045.A X ~ 11.4.05.045.B.2 X ~ 11.4.05.050.A ~ 11.4.05.055.A ~ 11.4.05.060.0 ~ 11.4.05.065.A X X X X CITY OF SEAL BEACH MUNICIPAL CODE 33 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . . .f '; . ". ". ~ ,_TAB~E,1'1'r5.2()~01~ (Continued) ..~. ..': :;, ,,' ,....," '~', ' ;;...: :,."'~.; ..~. , , . . '"....1...., , " . ..'. .:.. : . " :... ,.Ift ' . ~ ;..,.' ..'.-,' , : "':::,:. "REVIEW.AUTHORlTY " .::,... . . .,... ~ ..' . " ,... ':" ~:" . r, .... . ',:"'. , Chapter 11.4.05 - Standards for Specific Uses (Continued) :~/<'" ,,'~:~~ :~7;":",:j,\"~,,:.','~,,",';',:,,.~".'",::, ':~t'~'" 'ii',,':" :;::., :>',,":: ,\:- " " '~'. ':'h' .. ".' - Use' Perm'it :Req' uired'~:::::; . .J' ... .: :'~: . ~. . . ,,' ',' " : ,",: ':. '" '\ '.' ::.:' . .:" . . ' . . , . " ~. "... ".;:- ;:.'.' :tand -Use: Entitlement 'or >,', 'RecfLiI'rement"is.irl':, ;Admlnistrative :,: . 'Conditional. . ". .. ..,) .', , . l'..' . .. .' .. " ., ',':,;,i>,{<.",' :;.,:' ActivitY. :<" .' .~, 'Sectio~: ".' ",',,, :' 'Use Permit:~:' USJ Perm;,t , . '" "': ',' '.. " ". '.. . . "Y,. ' Liquor Stores ~ 11.4.05.070.A X Meeting Facilities, Private Schools and Similar Institutional Uses News and Flower Stands Outdoor Displays and Sales - Temporary Outdoor Displays and Sales - Accessory Outdoor Displays and Sales - Permanent Outdoor Dining Area - no more than 12 seats Outdoor Dining Area - more than 12 seats Outdoor Dining Area - Amplified Sound Outdoor Dining Area - Outdoor Cooking Recycling Collection Point Recycling Processing Facility Residential Accessory Uses - detached accessory structures between 225 and 350 square feet in total area Residential Accessory Uses - Garage larger than 600 square feet ~ 11.4.05.080.A X ~ 11.4.05.085.A ~ 11.4.05.090.A X X ~ 11.4.05.090.8 X ~ 11.4.05.090.C.1 X . ~ 11.4.05.090.D X ~ 11.4.05.090.D.1 X ~ 11.4.05.090.D.6 X ~ 11.4.05.090.D.1 0 ~ 11.4.05.095.8 ~ 11.4.05.095.C X X X ~ 11.4.05.100.D.4 X ~ 11.4.05.100.H X CITY OF SEAL BEACH MUNICIPAL CODE 34 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . ..;:" ,:,1' " ",' ,", , ::,:, ,:,,:, '.':,:", ":, . ,,:'.'TABLE' 11::5,.20.010 (Coniiriiled) ',''', ',:~ " "J,'. ".," """,":': ".-: ,,' " ': , .: < <":':', , , , "\,:''':>,,- ,,:' ," REVJ:EW~AUt.HORrfy " ' ' ," ,:,:::: "';." :' ....:.:' "<:'~' ~(,.:- " '" ' . . . ~. . < ' .' . . . I: .::",':.. :'..'. .', Chapter 11.4.05 - Standards for Specific Uses (Continued) , ,~;:" ,t,r,;\.~ . );, ,~,:::':,:".:: ' .:. ,,:>t:':: ,:;,-':, ::'~:. ", '> ::, ~:',~' 3:{,.": ,:::~:~,;;:y, ':,:\:.~;:,: L"" -<.' ,"(,V. ,'..' . ,... . .' :, Us~, ~e.r!llit ~~q~lt~~ '. ;< L~rid Use Entitlement.or ' ,,' :"~":; '~',~: . .:, 'A"ct'.'y' ity .';;'A,: ," :', -.: . ',' ,',"~' " .(' ',~ ',' Residential Accessory Uses - more than 1 guest room or pool house Residential Accessory Uses - 2nd Story guest room or pool house Minor accessory structure greater than 6 feet high in required setback Tennis and other recreation courts Residential Care Facility- delivery hours between 8 PM and 8 AM Restaurant - Alcohol Sales Senior Citizen Apartments - Independent Living Facilities Accessory Non-Residential Facilities Temporary Structures, Trailers, and Modular Units Vacation Rentals ',":, Re'q~ir~~nt,:~~Jri<\ Ad,11iriistraii~e"; Co~ditlona'l ,'.: ,>', 'Seetion:.' :" :~,:>' . ::, ,:.Use Permit ':" :Use"Permit,'.: , . ':'. ....... '. . .....' ..... ~ 11.4.05.100.1.1 x ~ 11.4.05.100.1.3 x ~ 11.4.05.100.K.2 X ~ 11.4.05.100.L.12 X ~ 11.4.05.1 05.E X ~ 11.4.05.120.A X ~ 11.4.05.125.A X ~ 11.4.05.125.H X ~ 11.4.05.130.A.1 X ~ 11.4.05.135.A.1 X Chapter 11.4.10 - General Site Standards " " . '/ . ", : : " Use ~e.mi't R,qu,ir;~' "" ~. .'.. ',.' :". " ' : " " , , .. ; " " " '" " " Land Use Entitlement ~r . " ,,' Requirement is in Administrative . 'Conditional Activity , : '. .'.;"; ':.: "Section:' ',; Use Permit ,'. ,:: Use Permit , ,/ Height of Light Standards ~ 11.4.10.020.A.6 X CITY OF SEAL BEACH MUNICIPAL CODE 35 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . :..:,:,.:.,;,'i,:... ;,.,...,<.... '~", ..~;M.;: '~.: <.TABLE :Ji5~20~01.~:(Cont;nu~d) :.. . '. ~., ..,'.... I :. .. ".-. . :. . :": ...:.. -:'. ...;.. .' '..~~. '. . . I: .. .r': '. ::..; .,j.,;:". .' ..:......._~.. :." ,>::'<"'''' .REVIEWA'UTHORI'J,Y ,..' ..,., Chapter 11.4.10 - General Site Standards (Continued) ., . ',. .... ... f " . , . .... "'" . . . .. ... '.' '.:':.~'.~::',:;..;.': :~~,.." ,:;,:".~::i"t~~.~r,'-:::'. '.7.\~~:.'" ":' ",; , ':;.:. .':~: ::::. :;.. \..'<;. ;:.': '<~.S' ....~::><....:;. .' . ... > ;> <, ...... ..t.; '{. . , ~',: ...: . Us. 'P.rm~f:R.e~liii'ed :' '; " . . . '. . -(.t ...'.. .... . ',' ". ~ . -Administi'ati~': .'Co,ndition~1 . :.," - .Lan'cfUslfEntitlement or::--- . ~'. . Requirement is :iri'.. '.' .... ":.. . ". ,',,: A f ~tY.:, .:., :~'< ;" ,,' ., ",. ',.. s . f . ':. -:.\. '. " e .Use. Permit': ."Use Pennif;' '. - . ". -:,",',,' .c:..I.Y~ -,,,...' ':....,. .~:. .'.' ; ~c IO~~ ~'''. ....: :- " .I' . . ~ '. ", .' ,: Recreational court lighting ~ 11.4.10.020.A.7.i and X modifications ~ 11.4.1 0.020.A.8.d Increase in Allowable Outdoor Noise Levels for Residential ~ 11.4.10.020.8.2.a X Areas Swimming Pool Setbacks in ~ 11.4.10.030.8 X Non-Residential Zone Public and Semi-Public ~ 11.4.10.030.E X Swimming Pool Minor Addition -Improvements X required in conjunction with ~ 11.4.1 0.040.C street dedication Deviation -Improvements required in conjunction with ~ 11.4.10.040.0 X street dedication . Chapter 11.4.15 - Fences, Hedges and Walls , .. '. Use Permit'Required . .. , . . "" ,....... . ,",' ..,. ,. . 'w' . .... '-..... ., '., ;7" '. . .' Land 'u~~ E~titi~~e~t' ~r,. ~ <. '. ~.~quire~e~t i~ .i,n . ~,:;.' Admi.nistr~t!~~ Con.dition~I': ....'. ".,>,\. .: Activi~... <~" "':.;,' ":~ '.". Se~t~,~~:.><~';' ~se ~~rm~! -Use ~,!!~It Modification to fence height standards . < .... ~. . , , , , ".... ~". '. ~ 11.4.15.010.C X Retaining wall between 30 and 48 inches in height Retaining wall greater than 48 inches in height Retaining wall greater than 30 inches in height - RLD-9 District, Ocean Avenue area ~ 11.4.15.015.A.2 X ~ 11.4.15.015.A.3 X ~ 11.4.15.015.8.2 X CITY OF SEAL BEACH MUNICIPAL CODE 36 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS :: :''':.':.''::/:':'' ."/,:'~. ..... ..: ....'.... T~~tE,1l1'~'5.2Q.~'1'o (Con~n:~eci,."'... .:., :':":.;., . .... . I.:.' <....:.:),r .' .... '~": ..;."....':.::i:::;.:: ;':::"~.,:l::>::REVII~v,r:AUT.HO'R1TY"...: ..:,.........::::; .' ':"."',.::"::. .'. ..-:.:-:.'..::::.':'...: . . , " '. .' ".;: ... ','. , : :. . . '.....1.. . " .' . :.~.: . x. .' . ..,:....' . Chapter 11.4.15 - Fences, Hedges and Walls (Continued) . . ,,' ;...., ',': ':' ",''':.' ." ':.{..: ....:.~ .,' ;', ,: . t. " ' ... .' " ...:;..... " ", :.' . .. ;' ',<' ....-: '. ,j" " .," '. :.,./ '. .." ~ ,,,- ,.'. ..... .,.. "... ..,.... ", . '. Use'Permlt Re'qulred : ',..'.' ....<:<,.:..'.'..:-........: ::,' '~:" ,'" ,~.::. .." ... .;' .~':.~,."': ',..., .,.. ....... .,' ...... '.~-: .' ..,'.. . v. ", . .",.' <,. .',. " '" '\. .::'... ..... .... . ,....., " /., '. ,". ....::" , -. ":s.:.... .' . :i:<Land"Use'E'ntitlement or."'=,. .: .::Requiremenfis in:.......~ Adm'iriistra'fwe.: "CO'nditional .' : ''', -;:,........ ~~(yitir.. ....... '..:: ..: ....: ~ ' ::.;...,-:. :~.:.S~ct!~n: .:::.:/.....:... .~:i'" .: 'U~~ ~~rn1it' .;.; ".U.,..:Pelmit" Walkway and driveway architectural features Sport facility and golf course fencing Security fences Modification to restrictions on fence materials ~ 11.4.15.025.8 x ~ 11.4.15.025.0 x ~ 11.4.15.030.A x ~ 11.4.15.035 x Chapter 11.4.20 - Off-Street Parking and Loading :La.nd Use Entitlement or..' 'A t' 'ty , . .'. '.. .' 'C IVI ,; :;,'. ..... ;. . .. '1'::' "",^'/.~',' Garage Parking Reduction - 6 bedroom home or larger Parking Reductions - Shared Parking Program Parking Reductions - Other Parking Reduction Off-site parking within 300 feet Modification to direction of vehicle ingress/egress Exception to location of loading areas Parking Structure Conversion of Parking Structure to Fee Structure ;~. "':" ;.::.:.:.; "....:<> ..." ..' Us~.Per~,jt Req'uired ":'~"" R,equirement is in . Sectidn:' : Conditional . :Use Permit. . . Administrati.v~" .. . U$e P~~it :.:'. . ~ 11.4.20.015.A.1 X ~ 11.4.20.020.A X ~ 11.4.20.020.8 X ~ 11.4.20.025.8.2 X ~ 11.4.20.025.H X ~ 11.4.20.035.C.3 X ~ 11.4.20.040.A X ~ 11.4.20.045.C X CITY OF SEAL BEACH MUNICIPAL CODE 37 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . . .:. '::,\.:'. '. . : '. .. 'T' AB'LE' T1~;' :"5 2' 0' 0.0' '(e. . fi': ,. ';'.: "d)' ":'''', . '.. :'. .'.'. . ;.; .., ;,'. . . . . ,";;'.. .,.... ):,<.. .....:;.:::......~.. ..... . .... . .' ,.. ..' on Due, :: ""':''''. ..:.:. :.", :'. ~:";;, ;",.:.. <,:' :. :..:'<. ..... .' '. ':. ";: .'; ~...:. ' '. -.;'.: 'R' EV'"'' IEW:' .~.U...T.HOR':.IW.~. ;.;::.,:.,<. .:.... ' ....!',,;,;:. . ".'. ,.A.:?:~ :.::::::.. .,' . .'. v", .. . ',' ...:"" - . '.:' " 11'\...". ':1 ,'I... II..... . . . "';"" '. .;". 2.","1" . ,'I" :. y...'.. .', ,..:.. . . . 1. .'. . . ' . ',_,I .' .: ..", ": ," 'I' :. " ':" ", . ~,,'" . ~. :..,'. ,'~ Chapter 11.4.25 - Sign Regulations :;~:. :~.~t;;:~~~:'. . " . < . . ":':,. :":' ,.:.' ".:< ~:.:;. /.::. '::::;:. .::.'::):.:.:' ~:..' ';.\ .: ,.:....;y~ : ~ <~ ~\::. >.'...:..:'. ~;~., . )...... .' " '" ... '.r,'..' Us.~~erri1i.tRequi'red.;.t.~.. ..... I. ',' .... . " .' . . ... .:: . .11' .... ..... ..~ l'~ '. .Adr11lni$trative : ;':.Coriditional.:; ::.> ':Land :Use Entitlement.or;'>,' :'. '. Requtrement'is'iri~ " ." . ,,:. . .'~,;"""::",,":'.". ~''!, '.; ':' ,:...t... ~ . .... :..... .' , :- ..... .: . . '.... . ..;; ., "',',, . Actlvl~'''' '.' '. ..... Section" . .... '.:" , ;,::).158 :I:'er'!lit ,''''. ~.. 'Use P~n:nit: : .......:.:.>.....~ .:" ',' v 4 ..;;:;:.~.. .' ';,'\. .,., '.' '.' .it. ~<..'..' ',;~ .:.I'$.: Marquee signs above roof line ~ 4.25.025.0.5.b X Marquee signs with changing ~ 4.25.025.0.5.c X lights Flags larger than 12 square ~ 4.25.025.0.9 X feet Main Street - outlining of ~ 4.25.025.0.1 OJ X buildings Main Street - up to 3 tenant ~ 4.25.025.0.1 O.j X spaces Main Street - 4 or more tenant spaces - Planned Sign ~ 4.25.025.0.1 O.j X Program Subdivision identification sign ~ 4.25.030.A.1 X Approved commercial use sign ~ 4.25.030.A.3 X X in residential area Planned Sign Program ~ 4.25.045.E.1 X Exception to size, dimensions, ~ 4.25.045.F X height and number of signs Designation of historic sign ~ 4.25.070.B.1 X . Chapter 11.4.30 - Landscaping and Buffer Yards ..' .'.,' " ' ":' .~ , '.I' .;.... .. ..,....: ' .. ~:~:~ .. .... "~." : .. ....;. , Use Permit R~qui~e~ . . ", Requirement is in": Administrative : Conditional , : Section: ~; ". . Us~ Permit Use pern1it .. " '. .... " ,"..1' .....:- ' <' ~.:",j". ;. ~., . ~. ". .,. <' .' Land Use Entitlement or .' , . 'A" . ti" "ty.~ ' . " /~.. '. ~. Vi.... .. .:'x.' Exceptions to Buffer Yards ~ 11.4.30.040.B.4 X CITY OF SEAL BEACH MUNICIPAL CODE 38 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . . :.' ~ ".. : :.. r'; . . .' : ; .. II " ~ "': .~'..J . .; ",: ..' ... , ... r:. ..' .. . :.~ ',' ;. ..:. '~:':, ,'. :::..... ':t .....-:. ':-:,.,:.:. ":T:ABL~:5~20~010.(Contmu.ed). ;:'.':- ". . \. ~1.:>::......;..~ .': <''':,,,: '. : ..: . '. I. ..:.c" . ..; j ',' :- . . . . '. ... ' . /.::" a' 0 '.' . ,'" :.:: . ..', ',' ", :.',:. ::- ': ." I a, ,: : :'_ .: ~ . ......, :. .' '. REYIEW.A'I'ITHORlTY' ....' ,.' .. ...., . . . .,,,.. ' ." ",' )C'.: ~':::':'.'., 'I:"'. : ~..Il'...... " ..:"-U. ..". ,'I '" :~;"~, .' a.. 'I' Chapter 4.40 - Nonconforming Uses, Structures, and Lots . '.' ;' /. ....[....< :-- .::~<i:.'.':.:"::'::~' ;:..;...." :',<);:,':::::. ':, ....'..:: :{.^.;.., :'. : '> >< ::. . <',./ ~:'~:::-';, . :U..':Penn'i'fRe'q ui red,?'::. .~,'.: ~y ~ ~ '\:: .lI:" a .~ .... '.......... '.' 0". .' , .. ~. " .... .,'. .("~' ",'.: "'~." 0<". " <'J'.'.....;-...... ',/;;>..-......:.,..... '}, ""', ..y..... . ~.''t.arid .use'Entitlemerit'or', .RequiremenUs:in ~~:', .Administrative:." Conditional'.'. ", <~:: . ::~:~::,..Activi~.':~.. ": ..::. . ',',:. ,'.':,Sectio~:?;tt'; ':.' ' : '~~~'~~rmif:', ',',,:, . "~~~'~ern1it, ':>: Specified structural repairs - all structures ~ 11.4.40.010.0 x Residential structures - specified minor improvements Single-family residences - specified enlargements and expansions Commercial centers over 20 acres - less than 7 % landscaping Replacement with a more conforming use Nonconforming use expansion in a conforming structure Nonconforming use expansion in a nonconforming structure Expansion within structure that does not conform to California Building Code Conform a nonconforming use upon ordinance requirement Reestablishment of abandoned nonconforming use Residential reconstruction after damage - more than 50% subject to specified standards ~ 11.4.40.015.B x ~ 11.4.40.020.A x ~ 11.4.40.030.B.2 x ~ 11.4.40.035.A X ~ 11.4.40.035.B X ~ 11.4.40.035.C X ~ 11.4.40.035.0 X ~ 11.4.40.040 X ~ 11.4.40.945.B X ~ 11.4.40.050.B.2 X CITY OF SEAL BEACH MUNICIPAL CODE 39 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . c:.:......... :"; .~: '.':...: ........ TABLE11"5~OOjO(Contihue~" ". ":"" ":" ::-. . ;',i';'.. .... .... ,,):~. ':\ ;.,:',:: m;i~ ~~RriY ',.:' , . . , . .'. .I"~.. .:.' '\,.0' Chapter 11.4.40 - Nonconforming Uses, Structures, and Lots (Continued) f<~'.<' '" '::: ~l"::~');~:; .:' ~'?\ : \': '~,'" ':"; !;~, ; 'f, ~;' ':f~ ~,~":::!":" ))':, ':: .y.: :.:.: :,' ' , "';:'" ,:'~se' e~..mit <~~q4ire~;:.-. .::::~:~ ,:~.J:' Lancf Use~Entitlemeht~r:;(\: , ':"'Req~frementJ~ '.i'~':' A~rii~~istr~~~ve:,: ~9n~ft~~n;.i.. ,nY'. ... ':...... ..::-...~.., ..:.. ".. ....." )~\ -'.,' " .... . "::'r ~ '. .,,:~ct,IYIt.Y..,;,: ,;~ ':-,; '''f:' . ^ ",:. Sec~~n:,~, ":'" -: '.:.: : Use,'~~nnl~\ :::~.:~se Permit.: Nonresidential reconstruction after damage - more than 50% subject to specified standards Exceptions for nonconforming historic buildings ~ 11.4.40.050.C x ~ 11.4.40.055.A x Chapter 11.4.60 - Hazardous Waste Facilities " " . " .~ '. .. , ", ." ,'" .. . . : U'~~' Ptn:~:it'R.~quire~,'::5':::.: ..." , . . ..... .. : ~........ . :i;.: " " ..,~: ~>'.'" ..,- .. " .- " " " .. - Requireme~t is,i~ Admillistrative" Land Use Entitlement or, " " ,', Conditional :: ..:.... , : ,,~c.~ivity' '~ :, ' . : Use' Permi(:, ' , " ' " " Section: ,,' , , Use Permit .. '. ,. " ,'. .... '" " ,., . .' '. ". ',' Off-site hazardous waste facility ~ 11.4.60.020 X Chapter 11.4.65 - Tattoo Establishments . ..: .... -., " ' . 'I,,~ ,< /!. ~ Use P~~,,'''it ~equire~"" ~<!::::: .... ',~ . ........: : " " '. :.... .'.1' ..:. ':. , .' j . ~'.:.", " ; : " : .' , " " . . " " Use ,Entitlement or ., Requirement is in, '. Conditional> " "Land Administrative .;-. " Activity ":,:'.>.: .. ;' ",:. 'Section{<> ' ; Use :P~rmit, ; Use Permit :', ': .. " .'" ';:/',0(. ,." " ~ '" '.. Tattoo establishment ~ 11.4.65.005.A X Chapter 11.4.70 - Wireless Telecommunications Facilities .' " :,,< ... : " " .;-' ',:': :'0": : ,"V~ ',' ., ; ; " .' ~ Use. Per~it Required ..;,.. .:' .: ',. ,,': " : ~ .~',: ~, ' .. ; 'I... ,....' " , '...., , '. "Land'UseEntitlement or, "'\" R~~ul~e~ent is i~":;: '., " ,,,,," ; Administrative , Conditi~f1~t ,':.' .' 'A":""", ':. .. 'Use Pennii:~~': : Use 'Permit; ,; " ,.' C~'Ylty' , , '., ::, ,'. ' ' Section: ,,' ~~:..'" ': . , , , . ~ . , ....'..... ,'" ..,...,. ' , ,. ~ . . , Wireless Telecommunications Facilities - On City-owned ~ 11.4.70.030.8 X property Wireless Telecommunications Facilities - New ground ~ 11.4.70.030.C X mounted tower or monopole - All other property CITY OF SEAL BEACH MUNICIPAL CODE 40 . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS .. . _ .' "',: -TABLE'11.5.20.01'C)',CContinuedf '.:'~';"..n..:',:::.. .~. ,......, ,.':( ;.., .,,',.: "..' ~ ";'.:<.: ,. ".:' . REViEW AU;rHO~iTY': .' ,::..' . ('., :'.; ,:: ,;, ','.:>" ," .. , . . ,:ll:{' > I' :". .... '.~" .;:. ~ J : ,n .' I . ' " ", ;' . :.j" ',::'l':',i . . i Chapter 11.4.75 - Common Interest Developments . , ,'.~"" :.' '. ;'. .,.,....; . .'.:r.:.. : .:..:! ::;-:-.: ~ . ".. . . ": .. .~.. ':':'/":":"i. '. .Use, Pe~it Required." .. . ......Requireme'~~j.~~n '." /..: Adm'inlstrative:":' Conditional.. ,:;.'. .:-- .Section:::':- ".'. .' , Use Permit:':.....: . .Use .Permit-' . ..'.... ... . ;>.... ':' . . ., .,' .,' ~ 11.4.75.005.A X : .Land Use 'E:ntitlement.':O'r :': : : .'. ActivitY..;. . ........;:: : . . Common Interest Development Chapter 11.4.80 Condominium Conversions . . .. ^. : . ~~~"~.r:m,i~. ~equif.ed\.:i: < '. : .' '.. :< .~ . ........ . , .... .. \ ~ ..' .' , , Land Use Entitlement' or ,:: ,::. ; Requir8.n'i.~nt is :in . . Ad rrli'riistriitive' . : Conditional : , , '.^ .' ActivitY .:-','" ; '. .~/, S'ectfon:'-:' .:.~" .' , Use Pern1i(~: .: '\p. '" ,'~ . <:' . ::, Use Permit .: -:- ''''': . Condominium Conversion ~ 11.4.80.010 X Condominium Conversion - ~ 11.4.80.030.A.4.f X Reconstruction after damage . Chapter 11.5.25 - Director Determinations; Section 5.25 - Temporary Uses . , . .' . ,.... . . ': ~{ .. ; ... " .. : " .' ~ Use ~ermit I:t~quired ., .. '. , .. .... . ... .' ... , . '~equirement is 'i~ ,':.. ' Conditional .. ~and Use Entitlemen~ ~~ ~. , Administrative '. . l.Jse Pef'init ' ActivitY. ',:: :'. ',:-:":'. , Section: .. '. " . Use 'Penrai~/ ." , Potential for substantial and ~ 11.5.25.015.A X detrimental impacts Relief from Dimensional ~ 11.5.25.020.E X Standards - Not Exceeding 5% of Standard Exceed density or development ~ 11.5.25.020.1 X intensity standard Relief from Dimensional ~ 11.5.25.020.1 X Standards - Exceeding 5% of Standard fi 11.5.20.015 Review Procedure. A. Application Forms and Fees. Applicants for Administrative Use Permits, Conditional Use Permits, and Variances shall file an application with the CITY OF SEAL BEACH MUNICIPAL CODE 41 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Director in accordance with the application procedures in Section 11.S.1 0.01 0: Application Forms and Fees. . B. Notice. The City shall provide notice for Administrative Use Permits, Conditional Use Permits, and Variances in accordance with Section 11.S.10.02S: Public Notification. C. Decisions on Administrative Use Permits. 1. Director. The Director shall approve, conditionally approve, or disapprove Administrative Use Permits unless he or she refers the application to the Planning Commission. The Director may hold a public hearing to consider the application if there is significant public controversy arid/or the hearing affords an opportunity to resolve issues of concern. Notification of the public hearing shall be provided in compliance with public notification requirements in Section 11.S.10.02S: Public Notification; such notice may be combined with the initial notice about the project. a. Notification of Director Determinations. The Director shall provide written notification to the City Council and Planning Commission within 3 days of approving, conditionally approving, or disapproving a request for an Administrative Use Permit. 2. Planning Commission. The Director may refer any application having special neighborhood or community significance to the Planning Commission for a public hearing. In such cases the applicant shall pay the fee established for Planning Commission public hearings. After the hearing is closed, the Commission shall adopt a resolution approving, conditionally approving or denying the application. . D. Decisions on Conditional Use Permits and Variances. The Planning Commission shall conduct a public hearing for any application for a Conditional Use Permit or Variance. After the hearing is closed, the Commission shall adopt a resolution approving, conditionally approving or denying the application. fi 11.5.20.020 Required Findings. A. Findings for Approval of Use Permit. A use permit shall only be granted if the reviewing body finds, based upon evidence presented at the hearing, the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: CITY OF SEAL BEACH MUNICIPAL CODE 42 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 1. The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other !:Ipplicable provisions of the Municipal Code; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and S. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. B. Findings for Approval of Variance. A variance shall only be granted if the Planning Commission finds, based upon evidence presented at the hearing: 1. The variance conforms in all significant respects with the General Plan and with any ordinances adopted by the City Council; 2. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification; 3. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. 4. Authorization of the variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. CITY OF SEAL BEACH MUNICIPAL CODE 43 TITLE 11 - ZONING PART v.. LAND USE AND ZONING DECISIONS . fi 11.5.20.025 Conditions of Approval. A. Conditions. In approving a use permit or variance, the reviewing body may impose any reasonable conditions to: 1. Ensure that the proposal conforms in all significant respects with the Seal Beach General Plan and with any other applicable plans or policies adopted by the City Council; 2. Achieve the general purposes of this Zoning Code or the specific purpose of the zoning district in which the project is located; 3. Achieve the findings required by this Chapter; 4. Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act; and S. Ensure compliance with all requirements of the National Pollution Discharge Elimination System (NPDES) permit issued by the California . Regional Water Quality Control Board. Discharges shall also comply with Chapter 9.20: Storm Water Management Program, Chapter 9.2S: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.3S: Water, and Chapter 9.S0: Grading of the Municipal Code. B. Types of Conditions. The reviewing body may impose reasonable conditions including but not limited to: 1. Requiring special yards, open spaces, buffers, fences, walls; screening; 2. Locating and orienting entrances and roll-up doors, and 3. Specifying building design elements; 4. Requiring installation and maintenance of landscape and erosion control measures; S. Regulating vehicular ingress and egress and traffic circulation; CITY OF SEAL BEACH MUNICIPAL CODE 44 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 6. Requiring street improvements and dedication of right-of-way for street widening or street extensions; 7. Regulating signs; 8. Regulating parking; 9. Preserving trees; 10. Regulating lighting; 11. Regulating hours or other characteristics of operation; 12. Establishing development schedules or time limits for performance or completion; 13. Requiring public utilities and easements; 14. Requiring periodic review by the Director or the Planning Commission; 1S. Requiring final plans to ensure compliance with conditions of approval; and 16. Imposing other conditions deemed necessary. fi 11.5.20.030 Appeals; Expiration and Extensions. A. Appeals. 1. Any person may appeal the Director's action pursuant to Title 1: General Provisions, Section 1.20.00S: Administrative Review, in which case the Planning Commission shall be the hearing officer as that term is used in Section 1.20.00S: Administrative Review. 2. Any person may appeal the Planning Commission's action pursuant to Title 1: General Provisions, Section 1.20.00S: Administrative Review, in which case the City Council shall be the hearing officer as that term is used in Section 1.20.00S: Administrative Review. CITY OF SEAL BEACH MUNICIPAL CODE 45 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS B. Expiration, Extension, and Modifications. The regulations concerning expiration, extension, and modifications are found in Chapter 11.S.10: General Procedures. CITY OF SEAL BEACH MUNICIPAL CODE 46 . . . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.25 Director Determinations Sections: fi 11.5.25.005 fi 11.5.25.010 fi 11.5.25.015 fi 11.5.25.020 fi 11.5.25.025 Applicability Zoning Conformance Review Procedures Temporary Uses Waivers and Exceptions I Reasonable Accommodations Appeals fi 11.5.25.005 Applicability . This Chapter establishes procedures for certain actions that can be approved by the Director. fi 11.5.25.010 Zoning Conformance Review Procedures. A. Application. Prior to obtaining any business license, permit or other approval, the applicant shall request the Director to determine whether the proposed development, use, structure, or change in use complies with all provisions of the Zoning Code, any applicable land use entitlement, and all conditions thereto. B. Application Forms and Fees. The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in Section 11.S.10.010: Application Forms and Fees. The Director may request the applicant submit plans and related materials necessary to show that the proposed development, use, structure or change complies with the Zoning Code, findings required by Section 11.S.20.01S: Required Findings, and the requirements and conditions of any applicable land use entitlement. Required development plans shall be drawn to scale and shall indicate clearly and with dimensioning the following information: 1. Lot dimensions; 2. Location, size, height, proposed use for each structure; 3. Yards and space between structures; 4. location, height and materials of walls and fences; CITY OF SEAL BEACH MUNICIPAL CODE 47 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS S. location, number of spaces and/or dimension of off-street parking area, internal circulation pattern; . 6. Pedestrian and vehicular access, points of ingress and egress; 7. Location and general nature of lighting; 8. Street dedications and improvements; 9. Availability of utilities; and 10. Such other data as may be required by the Director. C. Applicability. The Director shall determine whether the Zoning Code allows the proposed development, use or structure by right. No zoning conformance approval shall be required for continuations of previously approved or permitted uses and structures, uses and structures which are not subject to any building or zoning code regulations, or other uses or structures subject to other land use entitlement review. D. Required Findings by Director. Prior to such determination, the . Director shall find: this Title; 1. The proposed use and structure conform with the provisions of 2. The proposed use and structure are compatible with uses and structures in the immediate neighborhood; 3. The plans provide protection to adjacent structures from noise, vibration and other undesirable environmental factors; 4. Proposed lighting is directed inward and downward to reflect light away from adjoining properties; S. The following are designed to avoid traffic congestion, protect pedestrian and vehicular safety and welfare and eliminate any adverse effect on surrounding property: a. b. c. d. Structures and improvements; Vehicular ingress and egress and eternal circulation; Setbacks; Height of buildings; CITY OF SEAL BEACH MUNICIPAL CODE 48 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS e. Walls; and f. Landscaping. E. Issuance of Zoning Conformance. The Director shall serve the applicant with a written determination within 30 days of a complete submittal. The Director shall issue a Zoning Conformance upon determining that the proposed business license, permit or approval is allowed as a matter of right by the Zoning Code, and conforms to all the applicable development and use standards therein. An approved Zoning Conformance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Zoning Code. Other forms of approval may be in the form of a stamp, City staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director. fi 11.5.25.015 Temporary Uses. A. Administrative Use Permit Required in Certain Circumstances. Prior to the commencement of any temporary use, the Director may require an Administrative Use Permit application if the Director finds that the temporary use may have detrimental impacts, such as noise or traffic impacts, that should be reviewed pursuant to the provisions of Chapter 11.S.20: Development Permits. B. No Administrative Use Permit Required. Administrative Use Permits shall not be required for the following types of temporary uses: 1. Retail uses on the same property as an established commercial use holding a valid City business license where such retail activity is not in conflict with any applicable zoning requirements or permit. 2. Real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of property. 3. Garage sales of personal property conducted by a resident of the premises where such sales operate for a period of less than 2 per calendar year per site, and a maximum of 2 days each. 4. Seasonal sales of pumpkins and Christmas trees for a period not longer than 4S days in a commercial district on a site where such sales have been permitted previously. Requirements for this type of special event are set forth in Title 7: Public Peace, Morals, and Welfare, Chapter 7.S0: Special Events. CITY OF SEAL BEACH MUNICIPAL CODE 49 TITLE 11 - ZONING. PART V: LAND USE AND ZONING DECISIONS . S. Temporary uses otherwise regulated by this Code. C. Director Decision. The Director may approve or conditionally approve an application for temporary uses if the proposed temporary use will not: 1. Adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood. 2. Constitute a nuisance. 3. Be detrimental to the health, safety, peace, comfort, or welfare of persons residing or working in the area or to the general welfare of the city. 4. Interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, or create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas. D. Application. An application for a temporary use shall be submitted at least 4S days before the use is intended to begin. The application shall be on a form issued by the Director and shall include the written consent of the owner of the . property on which the use is proposed. E. Conditions of Approval. The Director may impose any reasonable conditions, including but not limited to: regulating vehicular ingress and egress and traffic circulation; regulating lighting; regulating hours andlor other characteristics of operation; requiring submission of final plans to ensure compliance with conditions of approval; and other necessary conditions. F. Minimum Conditions. In approving a temporary use, the Director shall at a minimum impose the following conditions if applicable: 1. Any construction or other work shall conform to all applicable Zoning Code and California Building Code provisions. 2. Fire protection and access for fire vehicles shall be provided as specified by the Orange County Fire Authority. 3. Any food service activities shall comply with all applicable requirements of the Orange County Health Department. CITY OF SEAL BEACH MUNICIPAL CODE 50 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 4. The 'applicant shall restore the site to its condition prior to the temporary use and remove all trash, debris, signs, sign supports, and temporary structures and electrical service to the satisfaction of the Director and Building Official within 3 days following the date specified for termination of the temporary use. fi 11.5.25.020 Waivers and Exceptions/Reasonable Accommodations. A. Waivers May Be Granted. The Director may grant a waiver or exception from the strict application of Zoning Code requirements when necessary to accommodate uses protected by state or federal law, including but not limited to the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. B. Required Findings. In order to receive a waiver, the applicant must provide substantial evidence establishing: 1. The waiver or exception is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusua,1 circumstance. 2. There are no alternatives to the requested waiver or exception, including siting at another location, which could provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public. 3. The granting of the requested waiver or exception would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Zoning Code. 4. The granting of the waiver or exception will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located. C. Additional Finding. If the waiver or exception requested is to provide reasonable accommodation pursuant to Federal or State statute, the following additional finding must be made: CITY OF SEAL BEACH MUNICIPAL CODE 51 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS 1. Denial of the requested waiver or exception would impose a substantial burden on religious exercise or conflict with any Federal or State statute requiring reasonable accommodation of persons with disabilities. . D. Application. An application for relief shall be filed with the Director in accordance with the application procedures set forth in Chapter 11.S.10: General Procedures. The application shall state in writing the nature of the exception requested and explain why the findings necessary to grant the exception are satisfied. The applicant shall also submit plans delineating the requested exception. The application shall be accompanied by a fee as established by the Master Fee Schedule. E. Administrative Use Permit Required. The Director may grant relief from the dimensional requirements of this Zoning Code not to exceed S percent of the requirement, by approving an Administrative Use Permit, pursuant to the provisions of Chapter 11.S.20: Development Permits. F. Simultaneous Processing. If a request for relief is being submitted in conjunction with an application for another approval, permit, or entitlement under this Zoning Code, it shall be heard and acted upon at the same time and in the same manner as that application. . G. Standards for Which Exceptions May Be Considered. Types of standards for which exceptions may be considered, up to S percent of the dimensional requirements, include, but are not limited to: 1. Front, side, and rear yard setbacks. 2. The width of any buffer yard required in Chapter 11.4.30: Landscaping and Buffer Yards. H. Exceptions Shall not be Granted. Waiver and exceptions shall not be granted to exceed: 1. Maximum building height. 2. Maximum main building envelope in any residential district. I. Referral of Applications to Planning Commission. The Director may refer any request for a waiver or exception to the Planning Commission for a determination of whether to issue a Conditional Use Permit. The Director must refer to the Planning Commission any request to establish a use or structure that would CITY OF SEAL BEACH MUNICIPAL CODE 52 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS exceed the density or development intensity allowed in a residential district or exceed the dimensional requirements of this Zoning Code by S percent or more. J. Conditions of Approval. In approving a waiver or exception from the requirements of this Zoning Code, the Director or the Planning Commission may impose conditions pursuant to Section 11.S.20.02S: Conditions of Approval. fi 5.25.025 Appeals. A. Director Actions. Any person may appeal the Director's action pursuant to Title 1: General Provisions, Section 1.20.00S: Administrative Review, in which case the Planning Commission shall be the hearing officer as that term is used in Section 1.20.00S: Administrative Review. B. Commission Actions. Any person may appeal the Planning Commission's action pursuant to Title 1: General Provisions, Section 1.20.00S: Administrative Review, in which case the City Council shall be the hearing officer as that term is used in Section 1.20.00S: Administrative Review. CITY OF SEAL BEACH MUNICIPAL CODE 53 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . Page has been intentionally left blank . CITY OF SEAL BEACH MUNICIPAL CODE 54 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS Chapter 11.5.30 Environmental Review Sections: fi 11.5.30.005 fi 11.5.30.010 fi 11.5.30.015 fi 11.5.30.020 Purpose and Applicability Review Procedures Mitigation Monitoring Program Appeals fi 11.5.30.005 Purpose and Applicability. A. Purpose. This Chapter establishes procedures the City will use for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other relevant and applicable federal, state, and local environmental laws and regulations for projects subject to the provisions of this Zoning Code. These provisions are intended to insure that responsible decisionmakers and the public are informed about the potentially significant environmental effects of proposed activities and that environmental review is integrated with the discretionary review provisions to promote incorporation of environmental considerations into the design, planning, and review of projects. B. Applicability. The procedures shall apply to all projects sponsored or assisted by the City and all private projects requiring any discretionary approvals from the City including private projects involving funding or any other form of participation by a federal agency, if the federal agency requires the City to conduct environmental review in compliance with NEPA. In the event of a conflict between these environmental review regulations and applicable federal or state regulations or guidelines, the applicable federal or state regulations shall prevail. These provisions are not intended to supersede CEQA Guidelines. fi 11.5.30.010 Review Procedures. A. Preliminary Review. Within 30 days after receiving an application, the Director shall determine if the application is complete in accordance with Section 11.S.10.020: Review of Applications. The Director shall identify potential environmental issues and determine whether a project is subject to environmental review. The Director may require the Applicant to submit additional information. The Director may designate a person to serve as Environmental Review Coordinator for projects undertaken by the City that are not subject to this Zoning Code. An CITY OF SEAL BEACH MUNICIPAL CODE 55 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS . application subject to environmental review pursuant to CEQA shall not be considered complete until all studies that may be required are submitted. If the Director determines that an application is not subject to environmental review under CEQA, the Director shall proceed to process the application in accordance with this Zoning Code. B. Review for Exemption. The Director shall determine if the project is exempt from environmental review pursuant to CECA and state and City CECA Guidelines within 30 days after the application is deemed complete. 1. If the Director has determined that a project is exempt, the Director shall post a notice. The notice shall include a citation to the State Guidelines section or statute under which it is found to be exempt. 2. Following approval of a project that is exempt from CEQA review, the Director or the Applicant may file a Notice of Exemption with the county clerk as provided for in CECA and applicable CEQA guidelines. The Applicant for a private project shall be responsible for any filing fees. 3. A determination of exemption by any decisionmaking authority other than the City Council may be appealed to the City Council in accordance with . Title 1: General Provisions, Chapter 1.20.005: Administrative Review. C. Environmental Review Application. If the proposed project is not exempt from CECA review, the Applicant shall submit an application for environmental review accompanied by a fee specified in the Master Fee Schedule. The Director may require the submission of additional information and supporting documentation with the application. After receiving an environmental review application, the Director or Environmental Review Coordinator shall determine whether to require preparation of an Environmental Impact Report (EIR). In order to make this determination, the Director or Environmental Review Coordinator shall prepare, or cause to be prepared, an Initial Study. D. Initial Study. The Initial Study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project's potential impacts. An Initial Study is not required to include the same level of detail as an EIR. 1. If the Director determines, after preliminary review, that the project, due to its design, size, nature, or location, will clearly have a significant CITY OF SEAL BEACH MUNICIPAL CODE 56 . . . . TITLE 11.- ZONING PART V: LAND USE AND ZONING DECISIONS impact on the environment and requires preparation of an EIR, an Initial Study is not required but may be prepared to assist identification of environmental issues. 2. An Initial Study shall include: a. A brief description of the project including its specific location; b. A brief description of the environmental setting; c. A checklist, matrix, or other listing of the project's environmental effects with discussion and documentation to support the entries; d. Discussion of ways to mitigate any potential significant effects; e. Information on the project's consistency with existing zoning, plans, or other applicable regulations; and f. List of resources cited and consulted. 3. Following completion of the Initial Study, the Director or Environmental Review Coordinator shall notify the applicant in writing of changes to the project that Staff has deemed necessary to reduce or avoid the significant effects identified in the Initial Study. Within 30 days following the date of the letter, the Applicant shall provide written notification to the Director or Environmental Review Coordinator indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the Applicant does not agree to revise the project a Mitigated Negative Declaration or an Environmental Impact Report shall be prepared, as determined by the Director or Environmental Review Coordinator. E. Determination of Environmental Significance. Based on the Initial Study, the Director or Environmental Review Coordinator shall make one of the following findings: 1. There is no substantial evidence that the project will have a significant impact on the environment, and a Negative Declaration will be prepared; 2. The project has been modified to avoid potential environmental impacts or to mitigate such impacts to a . level of insignificance and a Mitigated Negative Declaration will be prepared; or 3. The proposed project will have, or may have, significant impact(s) on the environment and an Environmental Impact Report will be required. F. Public Notice of Environmental Determination. If the Director or Environmental Review Coordinator has determined that that proposed project will not CITY OF SEAL BEACH MUNICIPAL CODE 57 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS have a significant effect on the environment, he or she shall prepare a Negative Declaration for public review in conformance with the requirements of CECA and applicable state and City environmental review guidelines. If the Applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Director or Environmental Review Coordinator shall prepare a Mitigated Negative Declaration for public review. The Director or Environmental Review Coordinator shall provide public notice of the proposed environmental determination at the same time and in the same manner required for the underlying permit in accordance with Chapter S.1 0: General Procedures. . The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide comments on the draft Negative Declaration or Mitigated Negative Declaration and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the draft Negative Declaration or Mitigated Negative Declaration and accompanying discretionary land use entitlement applications. G. Preparation of Negative Declaration. The City or its consultant will prepare the draft Negative Declaration or draft Mitigated Negative Declaration in conformance with the requirements of CECA and applicable guidelines. The Applicant shall execute a reimbursement agreement requiring that Applicant pay all costs associated with preparing the Negative Declaration or Mitigated Negative . Declaration, including administrative costs and the fees and expenses of attorneys and consultants. H. Public Notice of Environmental Determination. The Director or Environmental Review Coordinator shall provide public notice of the proposed environmental determination for a period of at least 30 days. I. Preparation of a Draft EIR. If it is determined that an Environmental Impact Report (EIR) is required, the Director or Environmental Review Coordinator shall prepare, distribute, and post a Notice of Intent to Prepare an EIR in the same manner required for the underlying permit unless otherwise specified in applicable state or federal requirements. The notice shall inform interested parties that an EIR is being prepared and seek guidance as to which significant environmental issues and mitigation measures should be explored. Any person who believes that a Negative Declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within 10 days after the notice has been posted. The City Council's decision on the appeal shall be final. The City will prepare the draft EIR with its own staff or by contract with a consultant in conformance with the requirements of CECA and applicable guidelines. The Applicant shall execute a reimbursement agreement requiring that Applicant pay all CITY OF SEAL BEACH MUNICIPAL CODE 58 . . . . TITLE 11 - ZONING PART v.. LAND USE AND ZONING DECISIONS costs associated with preparing the EIR, including administrative costs and the fees and expenses of attorneys and consultants. J. Public Review of Draft EIR. Following completion of a Draft EIR, the Director or Environmental Review Coordinator shall prepare and post a Notice of Completion initiating a minimum 30 day public review period or 4S days if the project is subject to review by a State Agency. The Director or Environmental Review Coordinator shall mail a notice of the availability of a Draft EIR to those requesting such notice in writing, to local and regional agencies, and interested federal agencies. The City shall make copies of the Draft EIR available for public review at the Department of Development Services and the office of the City Clerk during regular office hours and at each public library within the City. The City may impose a charge for copies of the Draft EIR in accordance with the adopted Master Fee Schedule. The Environmental Quality Control Board shall conduct a public meeting during the public review period to receive public comments and to provide Board comments on the Draft EIR and shall forward all comments to the approving authority for consideration as part of any subsequent public hearings on the Draft EIR and accompanying discretionary land use entitlement applications. K. Final EIR. After the public review period has expired, the City or its consultant will prepare a Final EIR for certification by the highest decision-making body responsible for action on the project. The Final EIR will consist of the Draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the Draft EIR, and a response from the City on significant environmental issues raised in the draft EIR and comments. Prior to any City official or body responsible for taking action on a project for which an Initial Study or EIR has been prepared considers such matter, the matter shall be scheduled for consideration and recommendation by the Environmental Quality Control Board as to the adequacy of the subject environmental review document in accordance with the provisions of CECA and State CEQA guidelines. L. Responsibility for Action on Environmental Document. Any City official or body responsible for taking action .on a project for which an Initial Study or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is accepted, the decision-making body shall impose conditions to mitigate any adverse environmental impacts. The highest decision-making entity responsible for action on an application for a development permit shall approve the Negative Declaration or Mitigated Negative Declaration or certify the Final EIR prior to or at the time the project is considered for approval. The decision-making entity may decline to approve or certify the environmental document CITY OF SEAL BEACH MUNICIPAL CODE 59 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS and request further review or analysis if, in its independent judgment, approval of the Negative Declaration or Mitigated Negative Declaration or certification of the Final EIR would not comply with the requirements of applicable State and local environmental review requirements. Approval of a Negative Declaration or Mitigated Negative Declaration or certification of a Final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State CEQA guidelines. The decision-making entity shall also certify that the environmental document reflects the independent judgment of the body. Certification of a Final EIR does not imply that the City endorses the proposed project or that the City will approve the necessary permit applications. . M. Timing of Environmental Review. When a development project is subject to environmental review, all decisionmaking officials and entities shall take action o!,,!. all applications for the project that have been submitted and deemed complete in compliance with the following time limits unless state or federal law mandate a shorter deadline. Notwithstanding these deadlines, the Applicant may request in writing and the City may approve a single extension for a period not to exceed 90 days unless State law authorizes a longer extension. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Title 1: General Provisions, Section 1.20.00S: Administrative Review. 1. Within 60 days of the date the City has determined the project . exempt from environmental review; 2. Within 60 days of the date the Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval; 3. Within 180 days from the date the decision-making entity certifies the Final EIR. fi 11.5.30.015 Mitigation Monitoring Program. A. Program Contents. The City shall approve a mitigation monitoring and reporting program for all projects that it approves with a Mitigated Negative Declaration or following certification of a. Final EIR. The purpose of the mitigation monitoring program is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project. The Mitigation Monitoring and Reporting Program shall consist of the following: 1. Mitigation Implementation Plan. A plan, prepared by the Director or a contracted consultant, for City approval, which outlines in detail the CITY OF SEAL BEACH MUNICIPAL CODE 60 . . . . TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS manner in which mitigation measures will be implemented during preconstruction, construction and post-construction phases of the project; 2. Compliance Schedule. A schedule, prepared by the Director or a contracted consultant, for City approval, indicating the phase of the project (preconstruction, construction or post-construction) in which mitigation measures will be implemented; 3. Compliance Reports. Reports submitted by the applicant or a contracted consultant to the City, specifying how and when each mitigation measure was implemented; and 4. Verification Report(s). Report(s) made by the City or a contracted consultant, pursuant to an inspection of the project to determine if the applicant has properly and timely implemented mitigation measures identified in the environmental document for the project as set forth in the mitigation implementation plan and compliance schedule. B. Submittal and Approval. The Director, or a contracted consultant, shall prepare and submit a draft Mitigation Implementation Plan in a format specified by the City, which shall be included in the public review draft environmental review document. The Director shall review the Mitigation Implementation Plan and Compliance Schedule for consistency with the approved environmental document and shall identify the City official or agency that will be responsible for ensuring that the mitigation measure is implemented. The Applicant shall pay fees to the City in an amount not exceeding the reasonable cost for monitoring compliance with the Mitigation Plan. C. Enforcement. Failure to comply with the conditions and requirements of an approved mitigation monitoring and reporting program shall be considered a violation of the conditions of approval of a project. Such violations shall be subject to enforcement in accordance with the provisions of this Code. D. Modification of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CECA nor this Zoning Code authorize the City to modify or add mitigation measures if the monitoring program shows that the mitigation measures have not achieved the desired result. CITY OF SEAL BEACH MUNICIPAL CODE 61 TITLE 11 - ZONING PART V: LAND USE AND ZONING DECISIONS fi 11.5.30.020 Appeals. Notwithstanding other provision of this Zoning Code, any person may appeal the following environmental determinations to City Council by filing a written appeal with the City Clerk in accordance with Title 1: General Provisions, Section 1.20.00S: Administrative Review within 10 days of the date of action or notice of determination unless said action or notice of determination was taken by the City Council. A. review. B. C. D. Determination that a project is or is not subject to environmental Determination that a project is exempt from environmental review. Approval of a Negative Declaration or Mitigated Negative Declaration. Certification of a Final Environmental Impact Report. CITY OF SEAL BEACH MUNICIPAL CODE 62 . . . TITLE 11'- ZONING PART VI: TERMS AND DEFINITIONS . Part VI- Terms and Definitions Chapter 11.6.05 Terms and Definitions Sections fi 11.6.05.005 fi 11.6.05.010 Applicability of Chapter Definitions of Specialized Terms and Phrases Appendix A - Blanket Setback Variances Appendix B - Director Interpretations . . CITY OF SEAL BEACH MUNICIPAL CODE 1 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS fi 11.6.05.005. Applicability of Chapter. . This Section provides definitions of terms and phrases used in thfs Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Article conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this Article, or in other provisions of the Zoning Code, the most common dictionary definition is presumed to be correct. fi 11.6.05.010. Definitions of Specialized Terms and Phrases. As used in this Zoning Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires othe~ise. A. Definitions, "A." "Abutting or Adjoining": having a common border, boundary or lot line, or separated only by a private street, alley or easement. "Access": the place, or way through which pedestrians and/or vehicles . shall have a safe, adequate and usable ingress or egress to a property or use as required by this Zoning Code. "Access, Latera!': public access along the coast. "Access, Vertica!': public access from the nearest public roadway to the shoreline. "Accessory Business Uses and Activities": See Section 11.4.0S.010: Accessory Business Uses and Activities in Chapter 4.0S: Standards for Specific Uses. "Accessory Residential Structure": . a building or other structure on the same parcel as a single-family dwelling that does not alter the single- family residential character of the dwelling or the site. Allowable accessory residential structures include: [J enclosures such as arbors and gazebos; [J structures such as workshops, studios, home offices; [J detached garages and other storage buildings; and [J private residential recreational facilities such as swimming pools and sport courts. . CITY OF SEAL BEACH MUNICIPAL CODE 2 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS See also Section 11.4.0S.100: Residential Accessory Uses, Structures, and Vehicle Parking. "Accessory Living Units": See Section 11.4.0S.11S: Residential Uses, Second Dwelling Units in Chapter 11.4.0S: Standards for Specific Uses. "Accessory Structure (or Building)": a building, part of a building, or structure that is detached from the principal structure or building on a site, and with a use that is incidental to the principal building. Examples include, but are not limited to, detached garages, detached decks, storage buildings, woodsheds, workshops and gazebos. "Accessory Use": a use that is customarily associated with, and is incidental and subordinate to, the principal use and located on the same lot as the principal use. See Chapter 11.4.8S: Use Classifications and Chapter 4.0S: Standards for Specific Uses for additional regulations. "Acre, Gross": a measure of total land area of any lot including future streets, parks and other land dedications. See Figure 11.6.0S.010.A.i: Gross and Net Acre Areas. . "Acre, Nef': a measure of total land area of any lot not including future streets, parks and other land dedications. See Figure 11.6.0S.01 0.A.1: Gross and Net Acre Areas. Figure 11.6.0S.01 0.A.1 Gross and Net Acre Areas Street Area to be dedicated 250' . .57 gross acre .53 net acre 230' ~ 100' ~~ 100' J . "Active Faulf': a fault that has had surface displacement within the Holocene epoch (approximately the last 11,000 years) that constitutes a potential hazard to structures located across it. CITY OF SEAL BEACH MUNICIPAL CODE 3 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Adjacent': near or close to; sometimes contiguous; neighboring. . "Administrative Use Permit': a discretionary zoning approval of the Director, the procedures for which are established by Chapter 11.S.20: Development Permits. "Adult Business": definitions of terms related to adult businesses are in Chapter 11.4.S0: Adult Businesses. "Adult Day Care Center': commercial or non-profit facilities designed and approved to accommodate 7 or more adults for care and supervision, not including overnight lodging. These may be operated in conjunction with a public facility, school or religious facility, or as an independent land use. "Affordable Housing": housing units which are affordable to families with very low, low or moderate incomes. "Affordable Housing Incentives": regulatory concessions as specified in Government Code Section 6S91S(1) or any successor statute, to include, but not be limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing project, or any other regulatory incentive which would . result in identifiable cost reductions that are offered in addition to a density bonus. See Chapter 11.4.SS: Affordable Housing Bonus. Affordable Housing Terms: see also Chapter 11.4.SS: Affordable Housing Bonus. [J "Area Median Income Levels": Income levels regularly updated and published by the State Department of Housing and Community Development, and found in Title 2S, Section 6932 of the California Code of Regulations. Area Median Income Levels are also available at www.hcd.ca.Qov. [J "Lower Income Households": Households with incomes that do not exceed 80 percent of Area Med.ian Income (AMI), adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section S0079.S of the Health and Safety Code or any successor statute. This includes "very low income households" and "extremely low income households," as defined in Sections S010S and S0106, respectively of the Health and Safety Code or any successor statutes. [J "Moderate Income Households": Households with incomes ranging from 80 percent to 120 percent of Area Median Income (AMI), . CITY OF SEAL BEACH MUNICIPAL CODE 4 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section S0093 of the Health and Safety Code or any successor statute. D "Very Low Income Households": Households with incomes that do not exceed SO percent of Area Median Income (AMI), adjusted for family size and revised annually by the State Department of Housing and Community Development, and as defined in Section S010S of the Health and Safety Code or any successor statute. "Affordable Unit within a Residential Care Facility for the Elderly": a unit within a residential care facility for the elderly that is affordable to households with very low or low income as defined for Orange County by the U.S. Department of Housing and Urban Development based on the Orange County median income levels. "Aggrieved Party (or Person)": any person who alleges that their property will be injured by a decision of the Director, Planning Commission, or other decision-making body involved in the enforcement of this Zoning Code. . "Agenf': a person authorized in writing by the property owner to represent and act for a property owner in contacts with City employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Code. "Alcoholic Beverage Sales": the retail sale of beer, wine, and/or other alcoholic beverages for on- or off-premise consumption. See Section 4.0S.01S: Alcoholic Beverage Establishments, Section 11.4.0S.03S: Automobile Service Stations, Section 11.4.0S.070: Liquor Stores, and Section 11.4.0S.120: Restaurant - Alcohol Sales, in Chapter 11.4.0S: Standards for Specific Uses. "Alley": a public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, and is not intended for general traffic circulation. "Allowed Use": a use of land identified by Part II: Base District Regulations, as a permitted or conditional use that may be established with land use permit and, where applicable, Building Permit approval, subject to compliance with all applicable provisions of this Zoning Code. . "Alteration": any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, CITY OF SEAL BEACH MUNICIPAL CODE 5 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS but excludes ordinary maintenance and repairs. See also "Structural Alteration. " . "Ambulance Service": base/dispatch facilities where ambulance vehicles and crews stand by for emergency calls. "Amendment': a change in the wording, content or substance of the ordinance codified in this chapter or a change in the zone boundaries upon the zoning map, which is part of this chapter. "Antenna": any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception, or both, of electromagnetic radiation waves. CJ "Amateur Radio Antenna": any antenna used to receive or transmit radio signals on the amateur radio bandwidth, as designated by Federal regulation. CJ "Satellite Antenna": any antenna used to receive or transmit radio or television signals from orbiting communication satellites. "Apartment': a room or suite of 2 or more rooms in a multiple dwelling occupied or suitable for occupancy as a dwelling unit for 1 family, but not . including hotels or motels. "Apartment, Bachelor": 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 chapter. "Apartment House": a building or a portion of a building designed for occupancy by 3 or more families living independently of each other and containing 3 or more dwelling units. "Applicanf': any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks City permits and approvals. "Approvaf': includes both approval and approval with conditions. "Arbot': a framework capable of supporting climbing plants, providing an archway under which a person may walk. "Area, Lor: see "Lot Area." 'IArticulation": horizontal andlor vertical variations in the plane of a building . wall. See Figure 11.6.0S.010.A.2: Articulation, on the following page. CITY OF SEAL BEACH MUNICIPAL CODE 6 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.0S.01 0.A.2 Articulation UItd.'I1r:mI. An::hHCUraI Horizonto/ Mlr::vlatlon Added r~M' Vetlled MleukJllctt Added Multi Planed Roof. and AWfllngl Add D.uable AtI/culatJoll "Assisted Living Facility": see "Residential Care Facilities for the Elderly." See Section 11.4.0S.02S: Assisted Living Facilities in Chapter 11.4.0S: Standards for Specific Uses . II At one location": all adjacent land owned or controlled by the applicant, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road or other public or private right-of-way, or separated only by other land of the applicant. "Attached Building or Structure": a building or structure that shares a common wall with another structure. "Attic": the area located between the uppermost plate and the roof or ridge of a structure. "Automobile Service Station": a retail business engaged primarily in selling gasoline or other motor vehicle fuels, which may also provide services which are incidental to fuel services. These secondary services may include vehicle engine maintenance and repair and towing service vehicles. Beverage, candy and food machines may be permitted at an automotive service station (See "Convenience Marker'). See Section 11.4.0S.03S: Automobile Service Stations in Chapter 11.4.0S: Standards for Specific Uses. "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. . CITY OF SEAL BEACH MUNICIPAL CODE 7 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Auto Parts Sales": stores that sell new automobile parts, tires, and . accessories. May also include minor parts installation (see "Auto Repair and Maintenance"). Does not include tire recapping establishments, which are found under "Auto Repair and Maintenance" or businesses dealing exclusively in used parts. "Auto Repair and Maintenance": the repair, alteration, restoration, towing, painting, cleaning (including self-service and attended car washes), or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes the following categories. l:J "Major Repair Work": repair facilities dealing with entire vehicles. These establishments provide towing, collision repair, other body work, and painting services. l:J "SeNice and Maintenance": minor facilities specialize in limited aspects of repair and maintenance (e.g., car washes, detailing services, muffler and radiator shops, quick-lube, tire and battery sales and installation, etc.). Does not include automobile parking (see "Parking FacilitiesNehicle Storage"), repair shops that are part of a vehicle dealership on the . same site (see "Auto Sales and Rental," and "Mobile Home, Boat, or RV Sales", or "Automobile SeNice Station", which are separately defined. "Auto Sales and Rentaf: retail establishments selling and/or renting automobiles, trucks and vans. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Does not include: the sale of auto parts/accessories separate from a vehicle dealership (see "Auto Parts Sales"); bicycle and moped sales (see "General Retaif'); mobile home sales (see "Mobile Home, RV and Boat Sales"); tire recapping establishments (see II Auto Repair and Maintenance"); or "Automobile SeNice Stations," which are separately defined. "Automated Teller Machine": computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or in other locations. See Section 11.4.0S.030: Automated Teller Machine (A TMs) in Chapter 11.4.0S: Standards for Specific Uses. "Awning": an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is . attached. An awning is typically constructed of fabric, metal or other CITY OF SEAL BEACH MUNICIPAL CODE 8 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS comparable materials on a supporting framework which projects from and is supported by the exterior wall of a building. "Awning or Canopy Sign": see Sign Types, "Awning or Canopy Sign." B. Definitions, "B." "Banks and Financial Services": Financial institutions including: [J banks and trust companies [J securities/commodity contract brokers and dealers [J credit agencies [J security and commodity exchanges [J holding (but not primarily [J vehicle finance (equity) operating) companies leasing agencies [J lending and thrift institutions [J other investment companies See also "Automated Teller Machine." Does not include check cashing stores, which are instead defined under "Personal Services - Restricted." "Banner': see Sign Types - "Banner Sign. " . "Bar': a business where alcoholic beverages are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing, comedy, etc.). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. "Base Density": the number of dwelling units permitted on a particular parcel of land, in conformance with the General Plan and this Zoning Code. . "Basemenf': an underground room or excavated space between five and nine feet of interior height, finished or unfinished where the finished floor level directly above the space is not more than one foot above both the existing or final grade. Any subgrade space where the finished floor elevation directly above the space is more than one foot above existing or finished grade shall be considered above-ground space. All areas where the finished floor elevation directly above a subgrade space is more than five feet above either existing or final grade shall also be considered a story. (Note: In calculating the floor area of a basement it may be necessary to count part of the area in a floor level as basement and part of the area in a floor level as above-ground space.) Basement spaces CITY OF SEAL BEACH MUNICIPAL CODE 9 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS may be used for any residential occupancy allowed by the Uniform . Building Code such as bathrooms, family rooms, hobby rooms, offices, mechanical equipment, storage and, if equipped with window wells, bedrooms. See Figure 11.6.0S.010.B.1, Basement, on the following page. Figure 11.6.0S.01 0.B.1 Basement First Allor ~.~~~:~~;tt?:~~;)}:.; .' Gracie M..........m hoiBhc Iii:. ...-.........-.......-..........---...t........ .... '. ", . .0,.::-:',;: :;:".: :~. ..~5 :.,.: . ~"~ Mustbll ,> ..': ~'.,.~ ......'. . :.' boLw"," ~ Dlld' ",..~':: ,........ ".,. 9 f1:. in horght ." .. .., '.'". Basement . "Base Zoning Districf': the zoning district applied to a site by the Zoning Map, to which an overlay zoning district may also be applied. "Bed and Breakfast Facility": the conversion of any residential dwelling or group of dwellings on the same parcel constructed prior to 1925, providing no more than 6 short-term guestrooms or suites for any . separate bed and breakfast structure and the service of breakfast meals and incidental food and beverage included in the daily room rate, and a minimum of one common room avai.lable for guest interaction. "Bedroom": any room located within a dwelling unit that is used primarily for sleeping purposes by its residents and that contains at least 70 square feet of floor area and contains a closet. Rooms designated as a "den," "library," "study," "loft" or other extra room that satisfies this definition and is not a kitchen, living room, or bath will be considered a bedroom. "Best Management Practices": activities, practices, and procedures to . prevent or reduce the discharge of pollutants directly or indirectly to the CITY OF SEAL BEACH MUNICIPAL CODE 10 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS municipal storm drain system and waters of the United States. Best Management Practices include: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; the prohibition of specific activities, practices, and procedures; and such other provisions as the City determines appropriate for the control of pollutants. "Block": 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, terminus or dead-end street or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts. "Blockface" all property between two intersections that fronts upon a street or abuts a public right-of-way. See Figure 11.6.0S.010.B.2: Blockface. Figure 11.6.0S.01 0.B.2 Blockface . n I~I rr::r: "Board and Care Home": see "Residential Care Facilities for the Elderly." "Boarding House": see "Rooming and Boarding House." . "Building": any structure having a roof supported by columns or by walls, designed for the shelter or housing of any person, animal or property. "Building Envelope": the volume of space within which a building or structure is permitted to be built on a lot, defined by minimum setbacks, maximum height limits, and required daylight planes. CITY OF SEAL BEACH MUNICIPAL CODE 11 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Building Height": 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. See also Chapter 11.1.1S: Rules of Measurement. . "Building, Main": 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 1 main building on a lot or building site. "Building Material Stores": retail establishments selling lumber and other large building materials, where most display and sales occur indoors. Includes paint, wallpaper, glass, fixtures. Includes all those stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in "Warehouses, Wholesaling and Distribution." Hardware stores are listed in the definition of "General Retail," even if they sell some building materials. "Building-Mounted Telecommunications Facility": a facility constructed in 2 general forms, roof mounted, in which an antenna is placed on or above the roof, and facade-mounted, in which an antenna is mounted on the . side of a building. Building-mounted facilities can be located on or inside various structures such as building roof or eave trim, church steeples, or other innovative locations. "Building Officiaf': the City of Seal Beach Building Official; charged with the administration and enforcement of City regulations pertaining to buildings and structures. "Building Permit": see the City of Seal Beach Municipal Code, Chapter 9.60: Building Code. "Building Site": a parcel of land occupied or to be occupied by a main building and accessory buildings, or by a dwelling group' and its accessory building, together with such open spaces as are required by the terms of this Zoning Code and having its principal frontage on a street, road or highway. "Bulk": a term used to designate the overall size and mutual relationship of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure. . CITY OF SEAL BEACH MUNICIPAL CODE 12 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Business or Commerce": 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. . "Business Support Services": an establishment within a building that is oriented toward providing services to other businesses, although it may also serve the general public. Examples of these services include: [J blueprinting [J computer-related services (rental, repair) [J copying and quick printing services [J film processing and photofinishing (retail) [J mailing and mail box services C. Definitions, "C." [J outdoor advertising services [J protective services (other than office related) [J security systems services [J soils and other materials testing laboratories "California Building Code": the California Building Code, as currently adopted by the City, including all local amendments. "California Department of Alcoholic Beverage Controf' (ABC): the governmental agency which regulates the terms and conditions of alcoholic beverage sales in the State. . "California Environmental Quality Acf: State law, pursuant to California Public Resources Code Section 21000 et seq. or any successor statute, which requires public agencies to document and consider the environmental effects of a proposed action before a decision. "California Public Utilities Commission" (CPUC): the governmental agency which regulates the terms and conditions of public utilities in the State. "Candela": a measure of light intensity. A candela is equal to 1/60 of the luminous intensity per square centimeter of a blackbody radiating at the temperature of solidification of platinum (2.046 degrees Kelvin). "Canopy": a roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces . CITY OF SEAL BEACH MUNICIPAL CODE 13 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS extending from the ground. See also Sign Types, "Awning or Canopy . Sign. " "Car Wash": permanent, self-service and/or attended car washing establishments, including fully mechanized facilities. May include detailing services. Temporary car washes are fund-raising activities, typically conducted at a service station or other automotive-related business, where volunteers wash vehicles by hand, and the duration of the event is limited to 1 day. See Section 11.S.2S.01S: Temporary Uses. "Carport': an accessory building with a minimum dimension of 9 x 20 feet, permanently open on at least 2 sides and maintained for the storage of automobiles or other motor vehicles. "Categorical Exclusion Area": a geographic area of the city of Seal Beach, within the coastal zone, where coastal development permits are not required as delineated on California Coastal Commission Coastal Zone Maps 143 - Los Alamitos and 144 - Seal Beach, on file with the Department of Development Services. "Catering": a business that prepares food for serving on the premises of a client. "CEQA": see "California Environmental Quality Act." . "Cellar': that portion of a building between floor and ceiling which is wholly below grade. "Channel Letter': see "Sign, Channel Letter." "Channel Logo": see "Sign, Channel Logo." "Child Day Care Facilities": facilities that provide non-medical care and supervision of minor children for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services. See Section 11.4.0S.04S: Child Day Care Facilities in Chapter 11.4.0S: Standards for Specific Uses. D "Child Day Care Center': a commercial or non-profit child day care facility designed and approved to accommodate 1S or more children. Includes infant centers, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or religious facility, or as an independent land use. D "Family Day Care Home": as provided by Health and Safety Code Section 1S96.78, a home that regularly provides care, protection, and . supervision for 14 or fewer children, in the provider's own home, for CITY OF SEAL BEACH MUNICIPAL CODE 14 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. [J "Large Family Day Care Home": as provided by Health and Safety Code Section 1S96.78, a family day care home that provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who reside in the home. [J "Small Family Day Care Home": as provided by Health and Safety Code Section 1S96.78, a family day care home that provides family day care for 8 or fewer children, including children under the age of 10 years who reside in the home. "Church": an establishment, the principal purpose of which is religious worship, including churches, mosques, synagogues, temples, etc and for which the principal structure contains the primary place of worship, and including accessory uses in the main structure or in separate buildings, including Sunday school rooms, assembly rooms, kitchen, library room and a one-family dwelling unit, but excluding day-care nurseries and facilities for residence of or training of religious orders. See also "Religious Facilities." "City": the City of Seal Beach, California. . "City Councif': the City of Seal Beach City Council, referred to in this Zoning Code as the "Council." "City Engineer': the City of Seal Beach City Engineer. "City Limits": the legal boundaries of the City of Seal Beach, California. "Clubs, Lodges, and Fraternal Organizations": permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: [J business associations [J political organizations [J civic, social and fraternal [J professional membership organ izations organizations [J labor unions and similar [J other membership organ izations organizations . "Coastal Development Permif': a discretionary entitlement which is required of development in specified areas of the coastal zone to ensure that such development is consistent with the City of Seal Beach Local Coastal Program. CITY OF SEAL BEACH MUNICIPAL CODE 15 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Coastal Zone": land and water areas of the City of Seal Beach, as described . in Public Resources Code Section 30170 and amendments thereto, and as delineated on California Coastal Commission Coastal Zone Maps 143 - Los Alamitos and 144 - Seal Beach, on file with the Department of Development Services. "Coffee Roasting and Packaging - Retaif: retail stores selling coffee in roasted bean and ground form, with the roasting of raw beans occurring on the premises. "Commercial District or Zone": any of the commercial zoning districts established by Section 11.1.0S.02S: Designation of Base and Overlay Districts. "Commercial Land Use": land and/or a structure used for the purpose of commerce. These uses include retail trade, offices, services, and other similar uses. "Commission": the City Planning Commission of the City of Seal Beach, California. Also referred to as the "Planning Commission." "Conditional Use Permif': a discretionary zoning approval of the Planning Commission, the procedures for which are established by Chapter . 11.S.20, Development Permits. "Common Interest Developmenf': a development that is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed. It includes a condominium, community apartment project, planned development, or stock cooperative, in compliance with Civil Code Section 13S1. See Chapter 11.4.7S: Common Interest Developments. "Community Centers": multi-purpose meeting and recreational facilities typically consisting of 1 or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc. "Community Garden": a site used for growing plants for food, fiber, herbs, flowers, which is shared and maintained by nearby residents. "Condominium": as defined by Civil Code Section 131S, a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. See also Chapter 11.4.80: Condominium Conversions. . CITY OF SEAL BEACH MUNICIPAL CODE 16 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Conforming Building": [J In the residential"R" zones, a conforming building is one which fully meets the requirements of the State Housing Act and the California Building Code as they pertain to residential buildings and which building fully conforms to the requirements of this chapter with respect to the district and zone in which it is located; and [J 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 California Building Code and which building fully conforms to the requirements of this chapter with respect to the district and zone in which it is located. "Construction Cost': the total cost required to construct, rebuild, repair, remodel or make an addition to an existing building, including all permanent work and permanent equipment, excluding landscaping. "Convalescent Hospitaf': see "Skilled Nursing Facility" . "Convenience Marker': any accessory use to automobile service station for any retail sales of food, beverages and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building. Arcade machines are prohibited in a convenience market. See Section 11.4.0S.03S: Automobile Service Stations in Chapter 11.4.0S: Standards for Specific Uses "Court": 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. "Courtyard': an extent of open ground enclosed by walls and adjacent residential building. "Covenant': a formal binding agreement for the performance of some action. "Covered Patio": a roofed structure located between a dwelling and a side or rear property line that shelters an outdoor area. These structures are either attached to or detached from a primary dwelling on the site. "Coverage, Lor: see "Lot Coverage." . "Cutoff Light': a fixture with elements such as shields, reflectors, or reflector panels which direct and cutoff the light at a cutoff angle that is not more than 90 degrees. Typically this type of fixture conceals the light- source, thus CITY OF SEAL BEACH MUNICIPAL CODE 17 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS reducing glare and spillover of 'light. See Figure 11.6.0S.01 0.C.1: Light . Fixtures - No Cutoff and 90 Degree Cutoff. Figure 11.6.0S.01 0.C.1 Light Fixtures - No Cutoff and 90 Degree Cutoff ND cwtDff Ff.Jcbcre !Jd cwtDfff(lcb.uoe D. Definitions, "D." . "Daylight Plane": an inclined plane, beginning at a stated height above grade at a property line or setback line and extending into the site at a stated upward angle to the horizontal, and which limits the height or horizontal extent of structures. See Figure 11.6.0S.01 0.D.1: Daylight Plane and Building Envelope, below. Figure 11.6.0S.01 0.D.1 Daylight Plane and Building Envelope DAYLIGHT PLANE AND BUILDING ENVELOPE . CITY OF SEAL BEACH MUNICIPAL CODE 18 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . "DecK': an open, unroofed porch or platform, either freestanding or attached to a building that is supported above grade. "Demolition": the removal of any structure, the outside wall or walls of any building; or the removal or stripping of the exterior lathing or siding; and/or the removal of the exterior siding of the existing structure in conjunction with any proposed addition or enlargement. "Density": the number of housing units per acre, unless otherwise stated, for residential uses. "Density Bonus": a density increase over the otherwise maximum allowable residential density provided in Chapter 4.SS: Affordable Housing Bonus. "Department': the Seal Beach Department of Development Services, referred to in this Zoning Code as the "Department." "Department Store": a retail store carrying a wide range of merchandise, typically including clothing, household goods, appliances, etc. See also "Warehouse Retail." . "Detached": any structure that does not have a wall or roof in common with another structure. "Developer': any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities that seeks City permits and approvals for development. "Development': any manmade change to improved or unimproved real estate, including but not limited to, the construction or relocation of buildings or other structures on a lot, mining, dredgtng, filling, grading, landscaping, paving, excavation, parking, fences, pools, signs or temporary uses. . "Development Agreemenf: a contract between the City and an applicant for a project, in compliance with Chapter 11.S.1S: Legislative Actions of this Zoning Code and Government Code Sections 6S864, et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City may be assured that the applicant will provide infrastructure and/or pay fees required by a new project. CITY OF SEAL BEACH MUNICIPAL CODE 19 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Director': the Director of the Department of Development Services of the City of Seal Beach, California or the designee thereof. . "Disabled': persons affected by a long-duration physical impairment such that their mobility has been reduced for an indeterminate length of time and whose ability to live independently could be improved by suitable housing conditions. "District': a portion of the city within which certain uniform regulations and requirements, or various combinations thereof apply under the provisions of this title. "Domestic Animals": see "Household Pets". "Dormer': a window set vertically in a structure projecting through a sloping roof. "Drive-In Restaurant': see "Restaurant, Drive-In." See Section 11.4.0S.0S0: Drive-In and Drive- Through Facilities in Chapter 11.4.0S: Standards for Specific Uses. "Driveway": an area of pavement or other surfacing that provides vehicle . access from a public right-of-way to a parking area or garage. "Drive- Through": a retail or service facility (for example, restaurant, pharmacy, bank, dry cleaning pick-up store, etc.) where products or services are provided to motorists who remain in their vehicles. See Section 11.4.0S.0S0: Drive-In and Drive-Through Facilities in Chapter 11.4.0S: Standards for Specific Uses. "Duplex": a residential structure under single ownership containing two dwellings. "Dwelling, dwelling unit, or housing unit': a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than 1 kitchen, which constitute an independent housekeeping unit, occupied by or intended for 1 household on a long- term basis. "Dwelling - One-Bedroom Unif means a separate living space that contains a living room, 1 bedroom, and full kitchen and bathroom facilities. "Dwelling - Two-Bedroom Unit': a separate living space that contains a . living room, 2 bedrooms, and full kitchen and bathroom facilities. CITY OF SEAL BEACH MUNICIPAL CODE 20 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . E. Definitions, "E." "Easement': a grant of 1 or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. "Eave Line": the lower border of a roof that overhands the wall. For a non-flat roof that does not overhang the wall, the eave line shall be the highest point of the walls. "Educational Institution": elementary school, middle school, high school, college or university or other school giving general academic instruction in the several branches of learning and study required to be taught by the Education Code of the State. "Efficiency Unit': a separate living space with a minimum floor area of 1S0 square feet which contains partial kitchen or bathroom facilities. . "EIR": an Environmental Impact Report as required under the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. or any successor statute. . "Electronics, Equipment, and Appliance Manufacturing": establishments engaged in manufacturing machinery, apparatus, and supplies for the generation, storage, transmission, transformation and use of electrical energy, including: [J appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, sewing machines; [J aviation instruments; [J computers, computer components, and peripherals; [J electrical transmission and distribution equipment; [J electronic components and accessories, and semiconductors, integrated circuits, related devices; [J electronic instruments, components and equipment such as calculators and computers; [J electrical welding apparatus; [J lighting and wiring equipment such as lamps and fixtures, wiring devices, vehicle lighting; [J industrial apparatus; [J industrial controls; [J instruments for measurement, testing, analysis and control, associated sensors and accessories; '[J miscellaneous electrical machinery, equipment and supplies such as batteries, X-ray apparatus and tubes, electromedical and CITY OF SEAL BEACH MUNICIPAL CODE 21 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS electrotherapeutic apparatus, electrical equipment for internal combustion engines; [J motors and generators; [J optical instruments and lenses; [J photographic equipment and supplies; [J pre-recorded magnetic tape; [J radio and television receiving equipment such as television and radio sets, phonograph records; [J surgical, medical and dental instruments, equipment, and supplies; [J surveying and drafting instruments; [J telephone and telegraph apparatus; [J transformers, switch gear and switchboards; and [J watches and clocks. . "Emergency": a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. "Entertainment Cafe": those premises on which or in connection with which, there is entertainment consisting of instrumental entertainment by more than 1 musician, singing, floor show, vaudeville, cabaret or similar entertainment, or on which, or in connection with which, there is dancing by the patrons, guests or customers of the cafe, or both such . entertainment and dancing. "Environmenf': the physical conditions which exist within the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historical or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions. "Environmental Documents": initial studies, negative declarations, draft and final EIRs, documents prepared as substitutes for EIRs and negative declarations under the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. or any successor statute. See Chapter 11.S.30: Environmental Review. "Environmental Impact Reporf': see "EIR." "Environmentally Sensitive Habitaf: a type of sensitive resource area where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development. This term includes, but is not limited to, wetlands, riparian . CITY OF SEAL BEACH MUNICIPAL CODE 22 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS vegetation, and terrestrial habitats, as mapped in the General Plan or an adopted specific plan. "Erected': the construction of any building or structure or the structural alteration of a building or structure, the result of which would be to change the exterior walls or roof or to increase the square foot floor area of the interior of the building or structure. "Equipment Sales and Rentaf': retail and service establishments which may offer a wide variety of materials and equipment for sale and/or rental. Construction equ!pment rental is separately defined. "Existing Grade": see "Grade-Related Terms, Natural Grade" and Chapter 11.1.1S: Rules of Measurement. "Extended Hour Business": any business that is open to the public between the hours of 11 p.m. and 6 a.m. See Section 11.4.0S.0SS: Extended Hour Businesses in Chapter 11.4.0S: Standards for Specific Uses. F. Definitions, "F." . "Family": one or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a "family" need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house. "Fast Food': a restaurant that serves prepared food to customers from an ordering counter for on- or off-premise consumption. "Fault Trace": the line formed by the intersection of a fault and the earth's surface, that is the representation of a fault as depicted on a map, including maps of earthquake fault zones. "Feasible": capable of being accomplished in a successful manner within a reasonable period of time; taking into account economic, environmental, social and technological factors. "Fee Parking": the parking and storage of vehicles on a fee basis, but does not include off-street parking provided gratis to customers, such as is required elsewhere in this title. . "Fence": any structural device forming a physical barrier or boundary by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. CITY OF SEAL BEACH MUNICIPAL CODE 23 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Financial Guarantee": cash deposits, payments, surety bonds, or other irrevocable agreements that individually or collectively guarantee the construction of structural measures. . "First Public Roadway": the nearest through public access route (open to vehicular traffic) paralleling the ocean shoreline, which forms a continuous linkage from the northernmost to southernmost limits of the city of Seal Beach shoreline. The first public roadway is designated on California Coastal Commission Coastal Zone Maps 143 - Los Alamitos and 144 - Seal Beach, on file with the Department of Development Services. "Flag": see Sign Types _ "Flag. n "Flag Lor: see Lot Types - "Flag Lot." "Floor': a surface that is horizontal or nearly so, located within the interior of a structure which is suitable for walking or standing upon. "Floor Area, Gross": the area in square feet of all floors within a building, measured from the outside surfaces of the exterior walls. "Floor Area, Nef': the floor area within the walls of a building used for . service to the public or tenants, but not including garages or other covered parking, or areas for storage, mechanical equipment, restrooms, and major pedestrian movement, such as enclosed malls, stairways, or major hallways, as defined by the California Building Code. "Floor Area Ratio (FAR)": the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all structures (measured from exterior wall to exterior wall) permitted on a site (excluding garages or other covered parking in a residential zone) shall be determined by multiplying the Floor Area Ratio (FAR) by the total net area of the site (FAR x Net Site Area = Maximum Allowable Floor Area). See Figure 11.6.0S.010.F.1: Floor Area Ratio, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 24 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.0S.01 0.F.1 Floor Area Ratio PosSIble Building Confl9urations for 0.25 FAR 12.5'16. Lot ~ ~ In II ZlOne- dllll:rict wih a IIIiIlClmum FAR af 0.25, llH _Imum allowable lIDor ;araa of. building IIIl . 040.110O Sq. IllCll WO'*! be .p 10.DOOsq. Il (40.000 sq. t. Timet .2St~11I 10.000 sq. Ft.). NOTE: variations may ooolJr if upper noor:s ale stepped' back frOom ground level lot coverage. . Floor Area Ratio (FAR) · Gross Building A.rea {AU Floors) Lot Area "Food and Beverage Products Manufacturing": manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products. Includes: Cl bakeries; Cl bottling plants; Cl breweries; Cl candy, sugar and confectionery products manufacturing; Cl catering services separate from stores or restaurants; Cl coffee roasting; Cl dairy products manufacturing; Cl fats and oil product manufacturing; Cl fruit and vegetable canning, preserving, related processing; Cl grain mill products and by-products; Cl meat, poultry, and seafood canning, curing, byproduct processing; Cl soft drink production; and Cl miscellaneous food item preparation from raw products. . May include tasting and accessory retail sales of food and beverages produced on site. A tasting facility separate from the manufacturing CITY OF SEAL BEACH MUNICIPAL CODE 25 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS facility is included under the definition of "Bar' if alcoholic beverages . are tasted, and under "Restauranf' if beverages are non-alcoholic. Does not include: bakeries which sell all products on-site, which are included in the definition of "General Retail;" or beer brewing as part of a brew pub, bar or restaurant (see "Bars"). "Footprint, Building": floor area of a structure at the ground level, including areas under higher levels, but excluding decks, open stair land- ings, balconies and other unroofed structures less than six feet tall. "Freestanding Sign": see "Sign Types, Freestanding Sign." "Frontage, Streef' or "Frontage, Building": the side of a lot or building site facing a street. "Furniture, Furnishings and Appliance Stores": stores engaged primarily in selling the following products and related services, including incidental repair services: -- 1:1 computers and computer equipment 1:1 draperies 1:1 floor coverings 1:1 furniture 1:1 glass and chinaware 1:1 large musical instruments 1:1 home appliances 1:1 home furnishings 1:1 home sound systems 1:1 interior decorating materials and services 1:1 lawn furniture 1:1 movable spas and hot tubs 1:1 office furniture 1:1 other household electrical and gas appliances 1:1 outdoor furniture 1:1 refrigerators 1:1 stoves 1:1 televisions . G. Definitions, "G." "Gable Roof': see Roof Types. "Gambrel Roof': see Roof Types. "Garage", or "Carporf': parking space and shelter for automobiles or other yehicles, where the size and use .of the parking space complies with the provisions of Chapter 11.4.20: Off-Street Parking and Loading. . CITY OF SEAL BEACH MUNICIPAL CODE 26 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS CI A garage is a roofed structure with a door, enclosed on at least three sides, which may be either attached to, or detached from a primary structure on the site and to be used for the parking of vehicles. CI A carport is a roofed structure enclosed on no more than two sides that may be either attached to, or detached from a primary structure on the site and to be used for the parking of vehicles. "Garage, Public": 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. "Garage Sale": any sale held for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted in a residential zone. "Gas Station": see "Automobile Service Station". "General Plan": the City of Seal Beach General Plan, including all its elements and all amendments to the General Plan, as adopted by the City Council under the provisions of Government Code Section 6S300 et seq., and referred to in this Zoning Code as the "General Plan." . "General Retaif': stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: CI antique stores CI furniture, home furnishings and equipment CI art galleries, retail CI gift and souvenir shops CI art supplies, including framing CI hardware services CI artisan shops CI hobby materials CI auto parts (not including CI jewelry installation services) CI bakery (all production in CI luggage and leather goods support of on-site sales) CI bicycles and mopeds CI musical instruments, parts and accessories CI books, magazines, and CI orthopedic supplies newspapers CI cameras and photographic CI pet stores . supplies CITY OF SEAL BEACH MUNICIPAL CODE 27 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS [J clothing, shoes, and [J religious goods . accessories [J collectibles (cards, coins, [J small wares comics, stamps, etc.) [J department stores CI specialty shops CI drug stores and pharmacies CI sporting goods and equipment CI dry goods CI stationery CI fabrics and sewing supplies CI toys and games [J florists and houseplant stores CI variety stores (indoor sales only - outdoor sales are "Plant Nurseries") "Grade": the average elevation of the finished surface of the ground at the center of all walls of a building. Grade-Related Terms. See also Chapter 11.1.1S: Rules of Measurement. CI . "Average Grade": a horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of buildings. Average grade is calculated separately for each . building. CI "Natural Grade": the grade of a building site prior to grading, filling, or other site alterations for a project. Natural grade may also be referred to as existing grade. CI "Finished Grade": the final grade of a building site as shown on the survey at the time of issuance of a building permit or in the case of a subdivision, the approved grade shown on the as-built grading plan of the subdivision. CI "Grading": excavating, filling, leveling or smoothing or combination thereof, but not including temporary stock piles of a duration of 30 days or less. . CI "Street Grade": the top of the curb or the top of the edge of the pavement or traveled way where no curb exists. "Greenhouse": a transparent or translucent glazed structure devoted to the protection and growth of plants. . CITY OF SEAL BEACH MUNICIPAL CODE 28 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Grocery Store": a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the site of the store. "Gross Floor Area": see "Floor Area, Gross." "Group Home": a dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency which provides 24-hour non-medical care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. Includes: children's homes; orphanages; rehabilitation centers; self-help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of "Medical Services-Extended Care." H. Definitions, "H." "Handcraft Industries": small-scale establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. . "Hazardous Waste": any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. (Health and Safety Code Section 2S117). "Hazardous Waste Facility": see Chapter 11.4.60: Hazardous Waste Facilities. "Health and Fitness Facilities": fitness centers, gymnasiums, health and athletic clubs including any of the following: sauna, spa or hot tub facilities; tennis, handball, racquetball, archery and shooting ranges and other sports activities. Does not include adult entertainment businesses. "Hedge": shrubs and/or trees planted to create a physical and/or visual barrier. . "Heighf': see "Building Height." "Hip Roof': see Roof Types. CITY OF SEAL BEACH MUNICIPAL CODE 29 TITLE .11 - ZONING PART VI: TERMS AND DEFINITIONS "Hollywood Driveway": two paved wheel tracks each between 2.S and 3.S feet wide, separated by a planted strip at least three feet wide. . "Home Improvement Sales and Services": retail sales, rental, and related services of hardware, plumbing, electrical, heating, air conditioning, building supplies, lumber, tools and equipment, plants and garden products, rocks and soils, patio furniture, swimming pools, spas and hot tubs, lighting fixtures, kitchen and bathroom fixtures and cabinets, paint, carpeting, floor coverings, or wallpaper. This use classification does not include hardware stores with less than 10,000 square feet of area or plant nurseries. "Home Occupation": any occupation conducted by a resident, entirely within a dwelling, where the use is accessory to the residential use of the structure, and does not change the residential character of the neighbor- hood. See Section 11.4.0S.060: Home Occupations in Chapter 11.4.0S: Standards for Specific Uses. "Hotef' or "Motet': facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). Hotels provide access to most guest rooms from an interior walkway, and typically include a variety of services in addition to . lodging; for example, restaurants, meeting facilities, personal services, etc. Motels provide access to most guest rooms from an exterior walkway. Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic/fitness facilities, and accessory retail uses. "Household': one or more persons, whether or not related by blood, marriage or adoption, sharing a dwelling unit in a living arrangement usually characterized by sharing living expenses, such as rent or mortgage payments, food costs and utilities, as well as maintaining a single lease or rental agreement for all members of the Household and other similar characteristics indicative of a single Household. "Household Pets": see Section 11.4.0S.020: Animal Keeping in Chapter 4.0S: Standards for Specific Uses. "Housing costs": the monthly mortgage principal and interest, property taxes, homeowners insurance, and condominium fees, where applicable, for ownership units; and the monthly rent for rental units. "HUD": the United States Department of Housing and Urban Development or its successor. . CITY OF SEAL BEACH MUNICIPAL CODE 30 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . I. Definitions, "I." "Illegal Building or Use": any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence. "Impervious Surface": any paved, hardened or structural surface which does not allow for complete on-site infiltration of precipitation. Such surfaces include, but are not limited to, buildings, concrete or asphalt driveways, streets, concrete or asphalt parking lots, swimming pools, and tennis courts. "Income eligibility": for the purposes of Chapter 11.4.SS: Affordable Housing Bonus, the gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled household members and all other sources of household income. . "Indoor Amusement and Entertainment Facilities": establishments providing indoor amusement and entertainment services for a fee or admission charge, including: bowling alleys; coin-operated amusement arcades; dance halls, clubs and ballrooms; electronic game arcades; ice skating and roller skating; pool and billiard rooms as primary uses. This use does not include adult entertainment businesses. Four or more electronic games or coin-operated amusements in any establishment, or a premise where SO percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, 3 or fewer machines are not considered a land use separate from the primary use of the site. "Industrial District or Zone": any of the industrial zoning districts established by Section 11.1.0S.02S: Designation of Base and Overlay Districts. "Industrial Park"": a development i'n which all buildings are constructed under 1 architectural style, the properties developed under a master plan, and roadways, landscaping, parking and signing are designed to present a harmonious visual and functional image. "In-lieu Fees": a cash payment required as a substitute for a dedication and/or improvement of land by an owner or developer of property. . "Intensification of Use": the impacts a particular use or the use in combination with other uses has on its surroundings or on its demand for CITY OF SEAL BEACH MUNICIPAL CODE 31 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS services and natural resources. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand required by Chapter 11.4.20: Off-Street Parking and Loading to have more off- street parking spaces than the former use; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats. . "Institution": 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. J. Definitions, "J." No specialized terms beginning with the letter" J" are used at this time. K. Definitions, "K." "Kennel': a place where S 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 4 months. "Key Lor': see Lot Types - "Key Lot." "KiosK': a small light structure with 1 or more open sides used typically as a newsstand or for other small item retail sales. See Section 11.4.0S.06S: Kiosks in Chapter 11.4.0S: Standards for Specific Uses. "Kitchen": any space used, intended or designed to be used for cooking and preparing food. L. Definitions, "L." "Landscaping": the planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences and hedges), earth patterning and bedding materials, and other like site improvements, and also including accessory decorative outdoor landscape elements (for example, pools, fountains, paved or decorated surfaces, but excluding driveways, parking, loading, or storage areas) for an aesthetic or functional purpose. See Figure 11.6.0S.01 0.L.1: Landscaping: Perimeter/Interior, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 32 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.0S.01 0.L.1 Landscaping: Perimeterllnterior IlIfCrior LIIIldsc:ape . "Large Family Day Care Home": see "Child Day Care Facilities." "Lateral Access": an area of land providing public access along the shoreline paralleling the water's edge. Lateral accessways are to be used for public pass and repass, passive recreational use or as otherwise designated in the Seal Beach Local Coastal Program Land Use Plan. "Libraries, Museums, Galleries": public or quasi-public facilities including aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums, with no retail sales activities other than an accessory gift/book shop and accessory food sales. Does not include retail art galleries where artworks on display may be purchased by patrons, which are instead included under the definition of "General Retail." "Light trespass": light projected onto a property from a light source located on a different property. See Figure 11.6.0S.010.L.2: Light Trespass, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 33 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.0S.01 0.L.2 Light Trespass . '~ J ~~ I ~, ~~'~-~....-- 'lb '~ ~~ ~~" ........... ~- -'Ira ...--... "Liquor Store": a retail establishment primarily engaged in selling beer, wine, and other alcoholic beverages, which may specialize in a particular type of alcoholic beverage (e.g., wine shops). See Section 11.4.0S.070: Liquor Stores in Chapter 11.4.0S: Standards for Specific Uses. "Living Room": the principal room in a dwelling unit designed for general living purposes rather than for sleeping. "Loading Space": see "Off-street Loading." . "Local Coastal Program" (LCP): the Land Use Plan (LUP) and implementing ordinances prepared by Seal Beach pursuant to the California Coastal Act of 1976, Public Resources Code Section 30000 et seq. "Logo" means an established trademark or symbol identifying a product or use. "Lor': a recorded lot or parcel of real property under single ownership, lawfully created as required by the Subdivision Map Act and City ordinances, including this Zoning Code. "Lot Area": the net area of a lot expressed in terms of acres or square feet, exclusive of any public or private street easements. "Lot Coverage": the ratio of the footprint of all principal and accessory structures on a lot to the lot area. See Chapter 11.1.1S: Rules of Measurement. See also Figure 11.6.0S.01 0.L.3: Lot Coverage. . CITY OF SEAL BEACH MUNICIPAL CODE 34 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.0S.01 0.L.3 Lot Coverage .~~~ ": . /T Building ~ ; coveI'8F . ! . . : . . . . . . "Lot Depth" and "Lot Width": Cl "Lot Depth": the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 11.6.0S.010.L.4: Lot Lines and Lot Features, below. See Chapter 11.1.1S: Rules of Measurement. Cl "Lot Width": the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 11.6.0S.01 0.L.4: Lot Lines and Lot Features. See also Chapter 11.1.1S: Rules of Measurement. . CITY OF SEAL BEACH MUNICIPAL CODE 35 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.0S.01 0.L.4 Lot Lines and Lot Features . .". " ..\' ,. ~ 'T4 ~ 'S . I I ,.......... , __n " . " ~<' . Lol............ , i \.\fjd1hi ~., ~. ./R.elr 1.1:II ...,.; Lide ", ! i .......---.. .. I ..____.h........._._ 00.. ..... .-. r' ..-. ... --...,.......... -__. . . I I . ..'. :iiidil '.tlI. I ~ i ~.r ............. ....... ... . ,__ ). ...f 4 !At "LOI Lhe ....... ;~...: \VUlth ' - ..- ..-.... .-..--. ... - N4. ' : ~ r7li...r.I~ ~ lVIidWII). EhtwOlll' I Bct.""eeI" Ffll.lIt 11m i F1'<<ll a.ad Modi/" J..D; . Rmr LD. r..i~ ! l..iicll ~ S1I\Jd Soille J:.~J.,iM , '. " f"rard 1___1 uat "Lot Frontage": the portion of a lot that fronts on or adjoins a street. . "Lot Line": a line separating the frontage from a street; the side from a street or adjoining property; the rear from an alley or street or adjoining property. Lot Line Types: see Figure 11.6.0S.010.L.4: Lot Lines and Lot Features, above. o "Front Lot Line": on an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line adjacent to the street with the shortest frontage regardless of which street is used for vehicle or pedestrian access. If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the Director. On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line o "Interior Lot Line": a lot line not adjacent to a street. o "Rear Lot Line": the lot line that is opposite and most distant from the front lot line. Where no lot line is within 4S degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed . CITY OF SEAL BEACH MUNICIPAL CODE 36 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS the rear lot line for the purpose of establishing setbacks and measuring rear yard depth. See Figure 11.6.0S.010.L.S: Irregular Lots: Determining Rear Lot Line. . Figure 11.6.0S.01 O.L.S Irregular Lots: Determining Rear Lot Line II'lIIll'l'&.cItUll . r-'L, ~ ..m: .... MlII6'~ .... .....-- _UlfUll! _>.MUll! [J "Side Lot Line": any lot line not a front lot line or a rear lot line. [J "Street Side Lot Line": on a corner lot, the property line with the longest street frontage. If the lot lines of a corner lot are equal in length, the street side lot line shall be determined by the Director. [J "Zero Lot Line": the location of a building on a lot in a manner that one or more building edges rest directly on a lot line. See Figure 11.6.0S.01 0.L.6: Zero Lot Line Units. . CITY OF SEAL BEACH MUNICIPAL CODE 37 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.0S.01 0.L.6 Zero Lot Line Units . iJ1fW ZERO LOT LINE UNITS "Lot of Record": a lot that is designated upon a map showing the lot, block and tract as indicated on a final map, as such map is filed in the county recorder's office, or as a lot shown on a recorded record of survey map. Lot Types: see Figure 11.6.0S.01 O. L. 7: Lot Types, on the following page. [J "Corner Lot": a lot with 2 or more adjacent sides that face a street or public right-of-way. . [J "Cul-de-sac Lof': a lot located on the curving portion of a cul-de-sac street. [J "Flag Lof': a lot that does not meet minimum lot width requirements, where access to the public roadway is limited to a narrow private right- of-way. [J "Interior Lof': a lot with only 1 front lot line, not located on a street corner and lacking a side lot line adjacent to a street. [J "Irregular Lof': a nonrectangular parcel or 1 with its lot width less than one-fourth its depth. [J "Key Lof': the first lot to the rear of a reversed corner lot and not separated therefrom by an alley. [J "Regular Lof': a rectangular or nearly rectangular shaped parcel with lot width not less than one-fourth its depth. . CITY OF SEAL BEACH MUNICIPAL CODE 38 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS CJ "Reverse Comer Lor: a corner lot, the rear of which abuts a key lot. CJ "Substandard Lor': a lot which does not meet the minimum requirements for lot size, lot width, and/or lot depth. CJ "Through Lor': a lot which has 2 or more lot frontages which do not intersect to form a corner lot. CJ "Zero Lor': a lot which has a building on a lot in a manner that one or more building edges rest directly on a lot line. See Figure 11.6.0S.010.L.6: Zero Lot Line Units. Figure 11.6.0S.01 O.L. 7 Lot Types FIGURE 19.46-8: LOT TYPES Street . ~~;it~j2~=:~~~'ir~.~::til':ftfltf~Ji11~~r~;Dt;~~~ff~~:~~~if~i!~~~~t1ff.i~; >lr~ Comer Lot ~;,\;j 1.\>:1 i:'?;,\~ li+if: ~ .li::. .....,-------..-----.-..... . 'lP" ,~I1!.., ,,!! . . .....1!:. Comer ~.. ":",'.;:. :;.:sidl:,JedL'::'.:.....,..':...;.. :~' Key Lot "2:i':~' Interior "21':' ':"1~ !ii' ..:..;;j:rt:~~a.iM~f.~~t7':.:.~ t~:l.~~ L j.il:;I:~:.:i !~..:~t-i'~ Lot f'~r ....~.._...;&:'....._....~::~...t:.:!_..i1............1::...:1~.1 riJ: ~l at ~: :..~ J".~'J r!r '.:.~~'~.;J . ~';:'~:.< ......! r:. ....:~:l r :.::6.:;~! h:;1:::..1 ~. ".2...:.~ Interior I'Rea;:' ,;." .:. :1:', :., 1:::.1:.;. '." '.'.' '. . .~: . ":':':'; Lot f~irCt:t:.~'J t::::I~:d I:~::.~~~~J :'~:":(.:i :"}:': 'I' .' I' .... . ....----.-r-----...;...r.......--..-.--Jnl!:. t,.....--~..------....- ~ ;;.{~~.;~.~:.';?f~~.~~I~.~.~.;....I-.~;.~~.~J Th~ogh r.;~.j.~;..~.~.:i~;~_.:~.t-.~.~.,; ~ .... '. '.-" c,":=", :'[:.1 ' "Rl!Gr..~."~-----~.....;;t..... ".F..,...~-.-----~--r.: :~~:;t..~.~:~r;~~:~.ij/I. j Flag Lot rlq,t/'~: :!:~:i~ ~f?!::~~'i ~~?11;::.~:.1 f.~ '':~:'-=-"".u.'':'':::''..",~::-:-: .:~ I.:..:.......].:..~I .}....I I::: .:....., ,0.;.' "2:'1 I.....; . { It....:... ..... ....1 . ....1 I.' '.~ r~' (;: ~;.l';:.r:::\.-...~.t1.c.-~_. .....-.....-l:/{<\JJ l.t.>! f<I'~~l C r.~ :i!:l ','a: "'::;:~-:;"m'::~' .......6;..WfiI.:~:...]..:'.:,.; Interior IJ'::.l I:.i':a~, orner~, ;!l..C .. ..-..of)CUf, ...... .......~ '.. "I ,.J ">- I !ft' I....:: orner 1;lof':<i<.;::"__':""_':"::'''1tfi'ii''';~~:':'-~"';-'''-.:::'I' ,~.. l Lot : :...: ;. ;,','4/! Lot ft' ~~! Lot ~;I'S: I' I .,. .'::1 E~. t-:i:.l f.: ':.fa:) ~f' I I.... ~!Substandard. . I Substandard' :;.', ,:.:1...:. ".::'1: .,'.' ;S;.. ~-:l .:. "i La ~t4ii La !.i :f.::,' b.k.':>l 'I,~'.:l::": t..: ::.=1 t.::.:~l t :.i!f!11 t ~...:.., h. h.:.1 r~J::::l r:.:: 'fr\~~?et~'.;:~i~~:~~:~j;f~~iJ~0.~~:.t~~~18~~0i~~~~yW?0IfFi~€f.1;t: Street . CITY OF SEAL BEACH MUNICIPAL CODE 39 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS M. Definitions, "M." "Maintenance and Non-Structural Repair": the repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized and undamaged condition, and does not enlarge or extend the structure or include changes to any structural member. . "Mansard Roof: see Roof Types. "Manufactured Home": a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured Home" shall also include any structure which meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for manufactured homes and the standards set forth for manufactured homes in the Health and Safety Code. A manufactured home on a permanent foundation is included under the definition of "Single-Family Dwellings." . See also Section 11.4.0S.07S: Manufactured Housing in Chapter 4.0S: Standards for Specific Uses. "Map Act': see" Subdivision Map Act." "Master Fee Schedule" The schedule of all general and special fees and charges, established by resolution of the City Council pursuant to Title 1: General Provisions, Chapter 1.10: Implementation of the Seal Beach Municipal Code. "Mechanical Equipment': 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 arid hoods. . "Medical Services - Clinic": a facility other than a hospital where medical, dental, mental health, surgical and other personal health care services are provided on an outpatient basis, and that accommodates multiple licensed primary medical practitioners (Le., doctors) and specialties, or 4 or more primary practitioners in a single specialty. Counseling services by other than medical doctors or psychiatrists are instead included under "Offices." . CITY OF SEAL BEACH MUNICIPAL CODE 40 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Medical SeNices - Extended Care": residential facilities providing nursing and health-related care as a primary use with in-patient beds, such as: board and care homes; convalescent and rest homes; extended care facilities; skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care Home." "Medical SeNices - Hospitaf': hospitals and similar facilities engaged primarily in providing diagnostic services, and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on- site accessory clinics and laboratories, and accessory retail uses (see the separate definition of "Accessory Business Uses and Activities"). "Medical SeNices - Office": a facility other than a hospital where medical, dental, mental health, surgical and other personal health care services are provided on an outpatient basis, and that accommodates no more than 3 licensed primary practitioners (for example, chiropractors, medical doctors, etc.). See also "Medical SeNices - Clinic." "Medical SeNices - Laboratories": medical and dental laboratories. . "Microbrewery": a facility where beer brewed on the premises is sold for on-site consumption. See also "Bar." "Military District or Zone": the military zoning district established by Section 11.1.0S.030: Designation of Base and Overlay Districts. "Mixed-Use Projecf': a project that combines both commercial (retail and/or office) and residential uses, where the residential component is typically located above the commercial. "Mobile Home, Boat, or RV Sales": retail establishments selling both mobile home dwelling units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells, jet skis, mobile homes, motor homes, and travel trailers. "Mobile Home Par~', "Trailer Par~', "Trailer Court" or "Public Camp": any area or tract of land used or designated to accommodate 2 or more automobile trailers and/or recreational vehicles including trailer camp as defined by law. . "Monitoring": inspection activities conducted by the city or private consul- tant, to ascertain whether mitigation measures identified in the CITY OF SEAL BEACH MUNICIPAL CODE 41 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS environmental document for the project have been implemented or complied with by the applicant in development of the project. . "Monopole": a facility that consists of a single pole structure erected on the ground to support wireless communication antennas and connecting appurtenances. "Monument Sign": see Sign Types - ""Monument Sign" "Multi-Family Dwellings": a building or a portion of a building used and/or designed as residences for 3 or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with 3 or 4 dwelling units, respectively, in the same structure) and apartments (S or more units under one ownership in a single building); townhouse development (3 or more attached single-family dwellings where no unit is located over another unit); and senior citizen multi-family housing; see also "Common Interest Developments." "Multi- Tenanf': a building or site that is occupied by 2 or more different land uses or businesses. N. Definitions, "N." "National Pollutant Discharge Elimination System (NPDES) Storm Water . Discharge Permits": general, group, and individual storm water discharge permits that regulate facilities defined in Federal NPDES regulations in compliance with the Clean Water Act. These permits include General Construction Activity permits, General Industrial Activity permits, and similar permits adopted by the Santa Ana Region of the California Regional Water Quality Control Board, and the State Water Resources Control Board. "Negative Declaration": a statement describing the reasoning that a proposed action will not have a significant adverse effect on the environment, in compliance with the California Environmental Quality Act (CEQA). "Negative Space": see "Sign, Negative Space. "Nonconforming Building or Structure": an existing building or structure that was lawfully designed, erected, or structurally altered prior to the adoption of this Code but which, under this Zoning Code does not conform with the currently applicable zoning requirements prescribed for the district in which it is located. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. . CITY OF SEAL BEACH MUNICIPAL CODE 42 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Nonconforming Parcef':' a parcel that was legally created prior to the adoption of this Zoning Code and which does not conform to current Code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. "Nonconforming Sign": see Sign Types, "Nonconforming Sign." "Nonconforming Use": a use of a structure (either conforming or nonconforming) or land that was legally established and maintained prior to the adoption of this Zoning Code and which does not conform to current Code provisions governing allowable land uses for the zoning district in which the use is located. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. "Nursing Home": see "Skilled Nursing Facility." O. Definitions, "0." "Occupancy": all or a portion of a structure occupied by 1 tenant. . "Occupancy, Change In": a discontinuance of an existing use and the substitution therefore of a use of a different kind or class. "Office": this Zoning Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Services - Clinic, and "Medical Services - Office.") Cl "Accessory": office facilities that are incidental and accessory to another business or sales activity that is the primary use. Cl "Business/Service": establishments providing direct services to consumers or clients, typically with higher client volumes than experienced by the other types of offices listed. Examples of these uses include: Clemployment agencies Clinsurance agent offices Clreal estate offices Clsocial service organizations Cltravel agencies Clutility company offices, etc This use does not include "Banks and Financial Services," which are separately defined. . Cl "Governmenf': administrative, clerical, or public contact and/or service offices of a local, state, or federal government agency or service facilities. Includes post offices, but not bulk mailing distribution centers. CITY OF SEAL BEACH MUNICIPAL CODE 43 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Cl "Processing": office-type facilities characterized by high employee densities, and occupied by businesses engaged in information processing, and other computer-dependent and/or telecommunications-based activities. Examples of these uses include: Cl airline, lodging chain, and rental car company reservation centers Cl computer software and hardware design and development Cl consumer credit reporting Cl data processing services Cl health management organization (HMO) offices where no medical services are provided Cl insurance claim processing Cl mail order and electronic commerce transaction processing Cl telecommunications facility design and management Cl telemarketing [J "Professionar: office-type facilities occupied by businesses that provide professional services and/or engaged in the production of intellectual property. Examples of these uses include: Cl accounting, auditing and bookkeeping services Cl advertiSing agencies Cl attorneys Cl commercial art and design services Cl construction contractors (office facilities only) Cl counseling services Cl court reporting services Cl detective agencies and similar services . Cl financial management and investment counseling Cl literary and talent agencies Cl management and public relations services Cl media postproduction services Cl news services Cl photographers and photography studios Cl psychologists Cl secretarial, stenographic, word processing, and temporary clerical employee services . CITY OF SEAL BEACH MUNICIPAL CODE 44 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . [J design services including architecture, engineering, landscape architecture, urban planning [J educational, scientific and research organizations [J security and commodity brokers [J writers and artists offices [J "Temporary": a mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: [J construction supervision offices on a construction site or off-site construction yard; [J a temporary on-site real estate office for a development project; or [J a temporary business office in advance of permanent facility construction. [J "Temporary Real Estate": the temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use. . "Office-Supporting Retaif: a retail store that carries 1 or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of "Office," and/or the employees of those businesses. Examples of these types of merchandise include: [J books [J computer equipment [J flowers [J newspapers and magazines [J office supplies, stationery [J photographic supplies and cameras "Off-site": an activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use. "Off-Street Loading": a site or portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles, trucks or trailers. See Section 11.4.20.03S: Required Off-Street Loading in Chapter 11.4.20: Off-Street Parking and Loading. "Old Town": that area of the City lying on the southwesterly side (ocean side) of Pacific Coast Highway between the northwesterly side of the United States Naval Weapons Station and the San Gabriel River . lIOn-site": an activity or accessory use that is related to a specific primary use, that is located on the same site as the primary use. CITY OF SEAL BEACH MUNICIPAL CODE 45 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Open Space": any outdoor area not located within a required front . setback which is to be used exclusively for leisure and recreational purposes, and which meets the requirements of the zoning district to qualify as open space. Open space may not be occupied by structures other than uncovered accessory structures such as swimming pools. "Open Space and Parks District or Zone": any of the open space and parks zoning districts established by Section 11.1.0S.030: Designation of Base and Overlay Districts. Open Space Types: See Figure 11.6.0S.010.0.1: Open Space Types, below. D "Common Open Space": land not individually owned or dedicated for public use which is designed and intended for the common use. D "Private Open Space": an open area outside a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Figure 11.6.0S.01 0.0.1 Open Space Types ~ miD 10 ft.. ' . Patio Terrace Pri\.-ate C)p:n Srracc Private Open Space Fruat VIonI Common Open Space "Outdoor Display and Retail Activities": permanent outdoor sales and rental establishments including lumber and other material sales yards, newsstands, merchandise display, dining and seating areas, outdoor facilities for the sale or rental of other vehicles/equipment, and other uses where the business is not conducted entirely within a structure. See Section 11.4.0S.090: Outdoor Dining, Display and Sales Standards in Chapter 11.4.0S: Standards for Specific Uses. "Outdoor Recreation Facilities": facilities for various outdoor participant . sports and types of recreation, including: amphitheaters; amusement and CITY OF SEAL BEACH MUNICIPAL CODE 46 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS theme parks; batting cages; go-cart tracks; golf driving ranges; health and athletic club outdoor facilities; miniature golf courses; skateboard parks; stadiums and coliseums; swim and tennis clubs; tennis courts; water slides; zoos. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, video game arcades, etc. Does not include "Parks and Playgrounds", which are separately defined. "Outdoor Retail Sales, Temporary": temporary outdoor retail operations including: Christmas trees, pumpkins or the sale of other seasonal items; farmers' markets; semi-annual sales of art/handcrafted items in conjunction with community festivals or art shows; sidewalk or parking lot sales longer than 1 weekend; retail sales from individual vehicles in temporary locations outside the public right-of-way. See Section 11.4.0S.090: Outdoor Dining, Display and Sales Standards in Chapter 11.4.0S: Standards for Specific Uses. . "Outdoor Storage": storage of materials, including items for sale, lease, processing, and repair, in an area outside an enclosed building. See Section 11.4.0S.090: Outdoor Dining, Display and Sales Standards in Chapter 11.4.0S: Standards for Specific Uses. "Overlay District or Zone": any of the overlay zoning districts established by Section 11.1.0S.02S: Designation of Base and Overlay Districts. P. Definitions, "P." "Parapet Wall': an extension of the structural walls, screening from view on all sides of a building the roof-top equipment or other unaesthetic features, not extending in height above that required for the purpose of screening. See Figure 11.6.0S.01 0.P.1: Parapet Wall. . CITY OF SEAL BEACH MUNICIPAL CODE 47 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.0S.01 0.P.1 Parapet Wall . "Parcef': see "Lot." "Parcel Map": the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2, which is required to complete a subdivision of 4 or fewer lots. See Article 1 0: Subdivisions. "Park District or Zone": any of the park zoning districts established by Section 11.1.0S.02S: Designation of Base and Overlay Districts. "Parking FacilitiesNehicle Storage": includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a primary use. (All primary uses are considered to include any customer or public use off-street parking required by the Zoning Code.) Includes sites where vehicles are stored for rental or leasing. . "Parking Lof': an off-street, surfaced, open area for the temporary storage of motor vehicles. See also "Public Garage or Storage Garage." "Parking Space": a permanently surfaced clear area for the parking of a vehicle excluding driveways or access drives. See Chapter 11.4.20: Off- Street Parking and Loading. "Parking Structure": a structure or a portion thereof composed of one or more levels or floors used exclusiv~ly for the parking or storage of motor vehicles. See also "Parking Lof' and "Public Garage or Storage Garage." "Parks and Playgrounds": public parks, play lots, playgrounds, and athletic fields for non-commercial neighborhood or community use, including tennis courts. If privately-owned, the same facilities are included under the definition of "Private Residential Recreation Facilities." See also "Outdoor Recreation Facilities." "Patio Cover': see "Covered Patio." . CITY OF SEAL BEACH MUNICIPAL CODE 48 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Permif': any Use Permit, Temporary Use Permit, Variance, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency. l:J "Ministerial Permif: a permit granted ministerially by the Director, involving only the use of fixed standards or objective measures and requiring no public hearing. l:J "Discretionary Permif': a permit granted following an exercise of discretion by the Director, Planning Commission, City Council, or other hearing body. . "Permitted Health Care Residenf': a person hired to provide live-in, long- term, or terminal health care to a senior citizen, a qualifying resident, or a family member of a qualifying resident providing such care. For the purposes of this definition, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. "Permitted Use": any use allowed in a zoning district and subject to the restrictions applicable to that zoning district. "Person": a natural person, firm, association, organization, partnership, business trust, corporation, company or other legal entity. . "Personal Services": establishments providing non-medical services to individuals as a primary use. Examples of these uses include: l:J barber and beauty shops l:J clothing rental l:J dry cleaning pick-up stores with limited equipment l:J home electronics and small appliance repair l:J laundromats (self-service laundries) l:J massage (licensed, therapeutic, non-sexual) l:J personal fitness training l:J pet grooming with no boarding l:J shoe repair shops l:J tailors l:J tanning salons These uses may also include accessory retail sales of products related to the services provided. "Personal Services - Restricted': personal services that may tend to have a blighting andlor deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores; fortune tellers; palm and card . CITY OF SEAL BEACH MUNICIPAL CODE 49 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS readers; psychics; spas and hot tubs for hourly rental; tattoo and body . piercing services. "Physically Handicapped": see "Disabled." "Planning Commission": see "Commission." "Plant Nurseries and Garden Supply Stores": includes stores selling plants, nursery stock, and lawn and garden supplies. The sale of house plants or other nursery products entirely within a building is also included under "General Retail Stores." Home greenhouses are included under "Residential Accessory Use or Structure." "Plumbing and Heating Shop": a business engaged in selling plumbing andlor heating equipment and supplies, primarily to contractors on a wholesale basis, but may also include retail sales to the general public. "Pole Sign": see Sign Types - "Pole Sign." "Pollute": anything that causes or contributes to pollution, which may include paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete fines); and noxious or offensive matter of any kind. . "Porch": an open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. See Figure 11.6.05.010.P.2: Porch. "p.a.s. T.": acronym for "Peace Officer Standards and Training." . CITY OF SEAL BEACH MUNICIPAL CODE 50 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.05.01 0.P.2 Porch . .. "Pre-existing": in existence prior to the effective date of this Zoning Code. "Premise": a lot or parcel of real property or any portion thereof which is used separately from other portions thereof, or any building located thereon, or any portion of such building which has a separate street address. "Premise" also includes business complexes. "Preserve": to keep alive, safe from injury or destruction. "Primary Structure": a structure that accommodates the primary use of the site. "Primary Use": the main purpose for which a site is developed and occupied, including the activities that are conducted on the site during most of the hours when activities occur. . "Printing and Publishing": establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and CITY OF SEAL BEACH MUNICIPAL CODE 51 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. "Quick Printing" services are included in the definition of "Business Support Services." . "Private Residential Recreation Facility": a privately-owned, non- commercial outdoor recreation facility provided for a residential subdivision project or neighborhood residents, including swimming pools, swim and tennis clubs, park and sport court facilities. Does not include golf courses and country clubs, or private sport courts accessory to single-family dwellings. "Private Sport Courf': tennis, squash, handball, and or other outdoor court facilities on the site of, and accessory to, a single-family dwelling. "Projecf': any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this Title. This term also refers to any action that qualifies as a "projecf as defined by the California Environmental Quality Act. "Property Line": see Lot Line Types. "Public Camp": see "Mobile Home Park." . "Public and Semipublic District or Zone": any of the public or semipublic zoning districts established by Section 11.1.05.025: Designation of Base and Overlay Districts. "Public Garage or Storage Garage": any building or portion of a building used primarily or in part for the storage, servicing or repair of 2 or more vehicles not used by tenants of the building or buildings on the premises. "Public Safety Facilities": facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. "Public Vantage Poinf': any publicly accessible location on dedicated or publicly owned property, including but not limited to roadways, parks, and cultural or recreational facilities, which affords a significant view of the ocean, a coastal lagoon, a canyon or hillside area, or any other open space area identified in the General Plan. . CITY OF SEAL BEACH MUNICIPAL CODE 52 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Q. Definitions, "Q." "Qualifying Residents": persons 62 years of age or older, or 55 years of age or older in a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units, and persons meeting the definition of "qualifying resident" or "qualified permanent resident" as defined in Section 51.3 of the Civil Code or any successor statute. See Chapter 11.4.55: Affordable Housing Bonus. R. Definitions, "R." "Reclassification or Zone Change": a change in zone boundaries or change in zone design,ations upon the zoning map, which map is part of this Title. . "Recreational Vehicle (RV)": as defined by Health and Safety Code Section 18010: a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria: l:J Contains less than 320 square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; l:J Contains 400 square feet or less of gross area measured at maximum horizontal projections; l:J Is built on a single chassis; and l:J Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit. "Recyclable Materia": reusable domestic containers and other materials intended for reuse, remanufacture or reconstruction for the purpose of using the altered form. Does not include refuse or hazardous materials. Recyclable materials shall consist of those acknowledged by the state of California's Department of Conservation. . "Recycling Facility": includes a variety of facilities involved with the collection, sorting and processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site. See Section 11.4.05.095: Recycling Facilities in Chapter 11.4.05: Standards for Specific Uses. CITY OF SEAL BEACH MUNICIPAL CODE 53 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS l:J "Small Collection Facility": a center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: l:J Reverse vending machines; l:J Small collection facilities which occupy an area of 350 square feet or less and may include a mobile unit; l:J "Medium Collection Facility': includes the following, occupying less than 600 square feet: l:J Bulk reverse vending machines or a grouping of reverse vending machines; and l:J One or more kiosk units. l:J "Large Collection Facility': large collection facilities which occupy an area of 600 square feet or more and/or include permanent structures. l:J "Mobile Recycling Unif': an automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. l:J "Reverse Vending Machine": an automated mechanical device which accepts at least 1 or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than 1 container at a time, and issues a cash refund based on total weight instead of by container. . . "Religious Facilities": facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc.; and accessory uses on the same site, including living quarters for ministers and staff, child day care facilities and religious schools where authorized by the same type of land use permit required for the religious facility itself. May also include emergency shelters, and fund-raising sales, bazaars, dinners, parties, or other outdoor events on the same site. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective activities. "Reporting": the submitting of reports to the city by the applicant or private consultant demonstrating implementation of compliance with mitigation measures identified in the environmental document or conditions of approval. "Research and Development (R&D)": facilities for scientific research, and the design, development and testing of electrical, electronic, magnetic, . optical and computer and telecommunications components in advance of CITY OF SEAL BEACH MUNICIPAL CODE 54 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities, and where no more than 30 percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see "Business Support Services"), or medical laboratories (see "Medical Services - Clinic"). . "Residential Accessory Use or Structure": any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. See Section 11.4.05.100: Residential Accessory Uses and Structures in Chapter 11.4.05: Standards for Specific Uses. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property: . l:J barbecue islands l:J detached fireplaces l:J garages l:J gazebos l:J greenhouses (non-commercial) l:J patio covers l:J spas, hot tubs, and saunas l:J storage sheds l:J studios l:J swimming pools l:J tennis and other on-site sport courts l:J wor,kshops Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units (also see Section 11.4.05.115: Residential Uses - Second Dwelling Units in Chapter 11.4.05: Standards for Specific Use); or home satellite dish and other receiving antennas for earth-based TV and radio broadcasts (see Chapter 11.4.70: Wireless Telecommunications Facilities). "Residential Care Facility for the Elderly (RCFE)": a housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal (definition from Government Code Title 22, Division 6, Chapter 6, Residential Care . CITY OF SEAL BEACH MUNICIPAL CODE 55 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Facilities for the Elderly). RCFE projects may include basic services and community space. See Section 11.4.05.105: Residential Care Facilities in Chapter 4.05: Standards for Specific Uses. . RCFE projects include Assisted Living Facilities (Board and Care Homes), Independent Living Centers/Senior Apartments, and Life Care Facilities as defined below. l:J "Assisted Living Facility": a residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services. l:J II Independent Living Center/Senior Apartment': independent living centers and senior apartments and are multi-family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. l:J "Life Care Facility": sometimes called "Continuing Care Retirement Communities", or "Senior Continuum of Care Complex", these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance. . "Residential Care Home": a dwelling unit licensed or supervised by any Federal, State, or local health/welfare agency which provides 24-hour non-medical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment. ' "Residential District or Zone": any of the residential zoning districts established by Section 11.1.05.025: Designation of Base and Overlay Districts. "Residential Project': a housing development at one location including all units for which permits have been applied for or approved, intended and designed for permanent occupancy, including but not limited to single- . family dwellings, duplexes, triplexes, fourplexes, apartments, multiple- CITY OF SEAL BEACH MUNICIPAL CODE 56 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS dwelling structures, or group of dwellings, condominium development, townhouse development, cooperative, or land division. "Restauranf: 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 the building. This definition includes "coffee shops". "Restaurant, Drive-In": a retail food service establishment in which all, or a portion of, the 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. See Section 11.4.05.050: Drive-In and Drive-Through Facilities in Chapter 11.4.05: Standards for Specific Uses. "Restaurant, Semi-Enclosed'" 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. . "Restaurant, Walk-Up/Take-Ouf': a retail food service establishment in which all of the 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. "Retaining Waif': a wall or similar structural device used at a grade change to resist the lateral displacement of soil or other materials. "Review Authority": the individual or official City body (the Director of Development Services, Planning Commission, or City Council) identified by this Zoning Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Part V: Land Use and Zoning Decisions. "Roof': the top edge of the roof or the top of a parapet whichever forms the top line of the building silhouett~. "Roof Line": the highest point of a building with a flat roof. "Roof Sign": see Sign Types - "Roof Sign". "Roof Types": l:J "Gable Roof': a pitched roof having a gable at each end. See Figure 11.6.05.010.R.1; Gable Roof. . CITY OF SEAL BEACH MUNICIPAL CODE 57 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.05.01 0.R.1 Gable Roof . GlIIllIIIlIIOI l:J II Gambrel Roof': a roof with two different pitches on each of two sides. l:J "Hip Roof': a roof with four sloping sides. See Figure 11.6.05.01 0.R.2 Hip Roof. Figure 11.6.05.01 0.R.2 Hip Roof . HlII Roar l:J "Mansard Roof': a roof with two slopes on each of its sides. "Rooming and Boarding House": a dwelling or part of a dwelling where lodging is furnished for compensation to more than three persons living independently from each other. Meals may also be included. S. Definitions, liS." "Schools": public or private academic educational institution, including: l:J boarding schools l:J high school/secondary school l:J community colleges, colleges l:J military academy and universities l:J elementary, middle, and junior high schools . CITY OF SEAL BEACH MUNICIPAL CODE 58 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS See Section 11.4.05.080: Meeting Facilities, Private Schools, and Similar Institutional Uses in Chapter 11.4.05: Standards for Specific Uses. . Also includes schools providing specialized education/training. Examples include the following: l:J art school l:J ballet and other dance school l:J business, secretarial, and vocational schools l:J computer and electronics schools l:J drama school l:J driver education school l:J establishments providing courses by mail l:J language school l:J martial arts school l:J music school l:J professional school (law, medicine, etc.) l:J seminaries/religious ministry training facility Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Child Day Care Facilities"). See also the definition of "Studios - Art, Dance, Martial Arts, Music, Photography, etc." for smaller-scale facilities offering specialized instruction. . "Screening. Waif': fences or dense hedges for the purpose of concealing from view the area behind such structures or hedges or protecting against noise, traffic, heat, glare and dust. "Second Dwelling Unif: an attached or a detached residential dwelling unit which provides complete independent living facilities for 1 or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. A Second Dwelling Unit also includes Efficiency Units and Manufactured Homes, as those terms are defined. A Second Dwelling Unit is not an "Accessory Structure or Building." See Section 11.4.05.115: Residential Uses - Second Dwelling Units in Chapter 11.4.05: Standards for Specific Uses. . II Senior Citizen": a person 65 years of age or older. CITY OF SEAL BEACH MUNICIPAL CODE 59 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Senior Continuum of Care Complex": see "Life Care Facility" as defined in "Residential Care Facility for the Elderly." . "Service Station": see "Automobile Service Station". "Setback line": a line parallel to a corresponding lot line or building site boundary. The intervening space between a setback line and the corresponding lot line or building site boundary defines a required yard area where limits on site improvements may be established based on specific zone standards. See Figure 11.6.05.01 0.S.1: Setbacks, below. See also "Yard." See also Chapter 11.1.15: Rules of Measurement. Figure 11.6.05.01 0.S.1 Setbacks treet side back , : I : I Rear : I setback ........g............._.: -L . . . . . . . . . . : . .-....: Side setback . . . . ~~' : 'h~ . ...._..-'I...--~.. : . Front ! .J:..!tbaCk . Front lot line:: "Shopping Center': primarily retail commercial sites with 3 or more separate businesses sharing common pedestrian and parking areas. See also II Multi- Tenant." "Sign": a medium, device or structure used for visual communication or attraction, including any display, illustration, insignia, model, statue or symbol used to identify a place or to advertise or promote the interest of any person; together with the framework, background material, and structure and component parts. Painted signs and super graphics are signs. "Sign Area": the entire area within a single continuous perimeter of not . more than eight straight lines that enclose the extreme limits of all sign CITY OF SEAL BEACH MUNICIPAL CODE 60 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. See Section 11.4.25.040: General Provisions for All Sign Types, of Chapter 11.4.25: Sign Regulations. "Sign, Channel Lettet': three-dimensional, individually cut letters or figures, illuminated or non-illuminated, attached to a structure. "Sign, Channel Logo": three-dimensional, individually cut trademark or symbol identifying a product or use, illuminated or non-illuminated, attached to a structure. . "Sign Copy': any graphic, word, numeral, symbol, insignia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify, or notify. "Sign Copy Area": the sign area occupied by sign copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers contained within said sign area. See Section 11.4.25.040: General Provisions for All Sign Types, of Chapter 11.4.25: Sign Regulations. "Changeable Sign Copy': sign copy that can be changed manually, such as on a menu board or theater marquee. "Sign, Direct Illumination": a sign illuminated primarily by light whose source is located in the interior of the sign so that the rays of the light source are transmitted through a translucent material. "Sign Face": the surface or surfaces used for the display of a sign message as seen from anyone direction. "Sign Heighf: the height of a sign. See Section 11.4.20.040: General Provisions For All Sign Types, of C~apter 11.4.25: Sign Regulations. "Sign, Indirect Illumination": a sign illuminated primarily by light directed toward or across it by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. "Sign, Negative Space": the open space surrounding the sign copy area of a sign area. . CITY OF SEAL BEACH MUNICIPAL CODE 61 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Sign Types. See Chapter 11.4.25: Sign Regulations. See also Figure 11.6.05.010.S.2: Sign Types. Figure 11.6.05.01 0.S.2 Sign Types . Second floor , window signs Second floor awning signs Wall sign with channel letters Projecting sign \ Window sign Awning sign Directory sign Sign or architectural projection . l:J "A-Frame Sign": a sign with two slanted faces that form a shape similar to the letter "A" when unfolded, will stand up without help when placed on the ground, but is typically collapsible and can be readily moved. See also Figure 11.6.05.01 0.S.3: A-Frame Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 62 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.05.01 0.S.3 A-Frame Sign l:J "Abandoned Sign": a sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed. l:J "Awning or Canopy Sign": a sign that is applied directly to, or integrated into the face of an awning or canopy. See also "Awning," and "Canopy." See also Figure 11.6.05.010.S.4: Awning or Canopy Sign, below. . . Figure 11.6.05.01 0.S.4 Awning or Canopy Sign CITY OF SEAL BEACH MUNICIPAL CODE 63 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS lJ "Banner Sign": a temporary sign composed of fabric or similar non- rigid material that is supported or anchored on 2 or more edges or all 4 corners, or on fewer edges or corners but with weights installed that reduce the reaction of the sign to wind. See also Figure 11.6.05.010.S.5: Banner Sign, below. . Figure 11.6.05.01 0.S.5 Banner Sign l:J "Commercial Sign": any sign that directly or indirectly names, advertises, identifies, or directs attention to a business, product, good, service, or activity offered by a Commercial Land Use. . l:J "Construction Sign (Development Sign)": a temporary on-site sign which identifies a residential or commercial project while it is under construction and includes information such as the project name, architect, landscape architect, engineer, planner, contractor, or other person or firm participating in the development, construction or financing of the project site on which the sign is located. See also Figure 11.6.05.01 0.S.6: Construction Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 64 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.05.01 0.S.6 Construction Sign . l:J "Directional Sign": a sign limited to directional messages such as entrance/exit or instructions to direct on-site traffic circulation. See also Figure 11.6.05.01 0.S.7: Directional Sign, below. Figure 11.6.05.01 O.S. 7 Directional Sign l:J "Directory Sign": a sign for listing the tenants and their suite numbers of a multiple tenant structure or center. See Figure 11.6.05.01 0.S.8: Wall Mounted Directory Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 65 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.05.01 0.S.8 Wall Mounted Directory Sign . l:J "Double-Faced Sign": a sign constructed to display its message on the outer surfaces of 2 identical and/or opposite parallel planes. . l:J "Flag": a sign made of fabric or similar non-rigid material supported or anchored (typically to a pole, cable, or rope), along only 1 edge or supported or anchored at only 2 corners. If any dimension of a flag is more than 3 times as long as any other dimension, it is classified as a banner regardless of how it is anchored or supported. l:J "Freestanding Sign": any sign that is permanently erected or standing on the ground and supported from the ground by 1 or more poles, columns, uprights, braces, or anchors. This includes "monument sign" and "pole, sign." See Figure 11.6.05.010.S.9: Freestanding Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 66 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.05.01 0.S.9 Freestanding Sign . l:J "Grand Opening Sign": a temporary sign for the introduction, promotion, or announcement of a new business, store, shopping center or office, or for the re-opening of a business that has been closed to the public. l:J "Illegal Sign": a sign that includes any of the following: l:J A sign not permitted in this Zoning Code; l:J A sign erected without complying with all regulations in effect at the time of its construction or use; l:J A sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned' by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; l:J A sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rending the display conforming has expired, and conformance has not been accomplished; l:J A sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; l:J A sign which is a danger to the public or is unsafe; l:J A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the City; or l:J A sign that pertains to a specific event, and 5 days have elapsed since the occurrence of the event. . CITY OF SEAL BEACH MUNICIPAL CODE 67 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS l:J "Marquee Sign": a sign incorporated into or attached to a marquee or permanent canopy and traditionally associated with theaters and schools that utilize removable and replaceable channel letters and figures. See Figure 11.6.05.01 0.S.1 0: Marquee Sign, below. . Figure 11.6.05.01 0.S.1 0 Marquee Sign . l:J "Monument Sign": a freestanding sign erected to rest on the ground or to rest on a monument base designed as an architectural unit. The width of the top of a monument sign is no more than 125 percent of the width of the base. See Figure 11.6.05.010.S.11: Monument Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 68 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.05.01 0.S.11 Monument Sign . l:J "Multi-Tenant Sign": an identification sign for a commercial site with multiple tenants, displaying the names of each tenant or several tenants on the site. See Figure 11.6.05.01 0.S.12: Multi-Tenant Sign. Figure 11.6.05.01 0.S.12 Multi-Tenant Sign . CITY OF SEAL BEACH MUNICIPAL CODE 69 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS I:l "Neon Sign": an illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube that is bent to form letters, symbols, or other shapes. . l:J "Noncommercial Sign": a sign that does not, either directly or indirectly, name, advertise, or direct attention to a business, product, good, service, or activity offered by a Commercial Land Use. I:l "Nonconforming Sign": an advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Zoning Code, but does not now completely comply with current regulations. l:J "On-Premise Sign": any sign that identifies or directs attention to an occupancy, business, product, service, or activity conducted, sold, produced, or offered upon the premises where the sign is located. l:J "Off-Premise Sign": any sign that identifies, advertises, or contains a message related to an occupancy, business, service, or product that is conducted, sold, produced, or offered on a premises other than where the sign is located; or which identifies by brand name a service or product which, although sold on the premises, does not constitute the principal item for sale on the premises. I:l "Off-Site Directional Sign": a sign identifying a publicly owned facility, emergency facility, or a temporary subdivision sign, but excluding real estate signs. See Figure 11.6.05.010.S.13: Off-Site Directional Sign, on the following page. . . CITY OF SEAL BEACH MUNICIPAL CODE 70 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Figure 11.6.05.01 0.S.13 Off-Site Directional Sign . l:J "Political or Social Issue Sign": a sign that addresses: l:J The passage or defeat of a measure appearing on the ballot in any national, state, or local election; l:J The election or defeat of any candidate for any public office in any national, state, or local election; or l:J An international, national, state, or local political or social issue. l:J "Pole Sign": a sign mounted on free-standing poles, columns, or other supports. See "Free-Standing Sign. " l:J "Portable Sign": a sign that is not permanently affixed to a structure or the ground. See Figure 11.6.05.010.S.14: Portable Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 71 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.05.01 0.S.14 Portable Sign . l:J "Projecting Sign": a sign affixed to the face of a building and projecting more than 12 inches either perpendicularly or at an angle from the surface and usually has 2 message surfaces. See Figure 11.6.05.010.S.15: Projecting Sign. Figure 11.6.05.01 0.S.15 Projecting Sign . . CITY OF SEAL BEACH MUNICIPAL CODE 72 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS l:J "Real Estate Sign": a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs. l:J "Restaurant Menu and Similar Display Box Signs": a sign used to inform the public of the list of entrees, dishes, and foods available in a restaurant or other items available in stores that utilize such display box signs. See Figure 11.6.05.010.S.16: Restaurant Menu and Similar Display Box Sign. Figure 11.6.05.010.S.16 Restaurant Menu and Similar Display Box Sign . l:J "Roof Sign": any sign erected, constructed or maintained upon or over the roof of a building. Roof signs are not permitted. See Figure 11.6.05.01 0.S.17: Roof Sign, on the following page. . CITY OF SEAL BEACH MUNICIPAL CODE 73 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Figure 11.6.05.01 0.S.17 Roof Sign . l:J "Temporary Sign": a sign that is not designed, constructed, or intended for permanent display on the property. l:J "Vehicle Sign": a sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to . attract attention to a product sold or business located on the property. l:J "Wall Sign": any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of the wall and projecting less than 12 inches from the wall. See Figure 11.6.05.01 0.S.18: Wall Sign. Figure 11.6.05.01 0.S.18 Wall Sign . CITY OF SEAL BEACH MUNICIPAL CODE 74 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . l:J "Window Sign": any sign either hung within 2 feet of a window or attached to a display within 2 feet of a window. See Figure 11.6.05.010.S.19: Window Sign. Figure 11.6.05.01 0.S.19 Window Sign . "Single-Family Dwelling": a building designed for and/or occupied exclusively by 1 household. Also includes factory-built housing units, constructed in compliance with the California Building Code, and manufactured housing on permanent foundations. See also "Manufactured Home." "Site": a lot, parcel, leasehold, or other physical location that is in a single ownership or under unified control for the purposes of development or other use. See also "Building Site." "Site Coverage": see "Lot Coverage." . "Skilled Nursing Facility': also known as convalescent hospitals or nursing homes, these are facilities licensed by the California State Department of Health Services. These facilities house 1 or more individuals in a single room with bathroom facilities and provide intensive medical and nursing care, including 24-hour availability of licensed ,nursing personnel. Residents are often convalescing from serious illness or surgery and require continuous observation and medical supervision, CITY OF SEAL BEACH MUNICIPAL CODE 75 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS or will reside in the facility as a long-term resident. Does not include . "Residential Care Facilities for the Elderly". "Small Family Day Care Homes": see "Child Day Care Facilities." "Social Service Organization": a public or quasi-public establishment providing social and/or rehabilitation services, serving persons with social or personal problems requiring special services, the handicapped, and the otherwise disadvantaged. Examples of this land use include: counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and related services, and establishments engaged in community improvement and neighborhood development. Does not include "Child Day Care Facilities", "Residential Care Facilities for the E/derly', or "Residential Care Home", which are separately defined. "Solar Energy': energy for heating and lighting of structures produced by the sun. II sports Courf': an outdoor facility for participant sports, including tennis and handball courts. ' "State Freeway": 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. "Stock Cooperative": a corporation formed for the primary purpose of holding title to, either in fee simple or for a term of years, any real property where the shareholders of the corporation receive a right of exclusive occupancy in a portion of such real property and where the right of occupancy is only transferable by the transfer of shares of stock in the corporation~ II Storage _ AccessorY': the indoor storage of materials accessory and incidental to a primary use is not considered a land use separate from the primary use. . "Storage - Outdoof: the storage of various materials outside of a structure other than fencing, either as an accessory or primary use. "Storm Water Runoff': any surface flow, runoff, and drainage consisting entirely of water from rainstorms. See additional definition of "National Pollution Discharge Elimination System (NPDES) Storm Water Discharge Permits" for additional clarification regarding discharges subject to regulation. "Story": space in a building between the upper surface of any floor and . either the upper surface of the next floor above, or in the case of the CITY OF SEAL BEACH MUNICIPAL CODE 76 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS topmost floor, the ceiling or roof above. Those portions of a subgrade or partially subgrade living space, space used for parking, underfloor space or crawl space are counted as a story where the finished floor above such space is 6 feet or more above the final grade adjacent to any exterior wall around the perimeter of the building. "Streef: a public or private thoroughfare which affords principal means of access to adjoining property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley as defined in this Section, see "Alley." II Street Line": the boundary line between a street and the abutting property. See Lot Line Types, "Front Lot Line" and "Street Side Lot Line." "Street, Side": a street which is adjacent to a corner lot or a reversed corner lot and which extends in the general direction of the line determining the depth of the lot. See Lot Line Types, "Front Lot Line" and "Street Side Lot Line." . "Structure": anything constructed in the ground or anything erected which requires 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 3 feet in height. This definition excludes paved areas. "Structural Alteration": any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters that enlarges or extends a structure or changes in the exterior dimensions of the building. "Structural Repairs": any repairs to a building that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams or girders. "Studio Dwelling Unif': a dwelling unit in which 1 room serves as both a living room and a bedroom. . "Studios - Art, Dance, Martial Arts, Music, Photography, etc. ": small scale facilities, typically accommodating 1 group of students at a time, in no more than 1 instructional space. Larger facilities are included under the definition of "Schools - Specialized education and training." These include facilities for: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes CITY OF SEAL BEACH MUNICIPAL CODE 77 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS production studios for individual mUSICians, painters, sculptors, . photographers, and other artists. Does not include adult businesses. "Subdivision" the division, by any subdivider, of any unit or portion of land shown on the latest equalized Orange County assessment roll as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1315: a condominium project; a community apartment project; or the conversion of 5 or more existing dwelling units to a stock cooperative. See Article 10: Subdivisions. "Subdivision Map Acf' or "Map Acf': Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions. See Article 10: Subdivisions. "Swimming Poof': any body of water more than 24 inches deep and/or over 250 square feet in area either confined naturally or artificially and used for a swimming pool. See also Section 11.4.10.030: Swimming Pools and Hot Tubs in Chapter 11.4.10: General Site Standards. T. Definitions, "T." . "Tattoo establishment': any premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use. See Chapter 11.4.65: Tattoo Establishments. "Telecommunications Facility": public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. Terms and phrases are defined in Chapter 11.4.70: Wireless Telecommunications Facilities. "Temporary Building": any temporary building, trailer, coach, mobile home or modular structure of temporary nature. This shall not include those used as residences within a state authorized trailer park or mobile home park or modular units constructed on a permanent foundation in residential districts as permanent dwellings. . CITY OF SEAL BEACH MUNICIPAL CODE 78 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS "Temporary Sign": see Sign Types - "Temporary Sign". "Temporary Use": a use of land that is designed, operated and occupies a site for a limited period of time, typically less than 60 days. "Tenanf': a person who rents, leases, or subleases real property from another through a written or oral agreement. "Tentative Map": a map filed with the City in compliance with Article 1 0 of the Municipal Code: Subdivisions as part of a request for the approval of a subdivision of real property, showing the design and improvement of a proposed subdivision and the existing conditions in and around it. See Article 10: Subdivisions; Chapter 10.20: Tentative Map Filing and Processing. "Theaters and Auditoriums": indoor facilities for public assembly and group entertainment, other than sporting events, including: l:J civic theaters, and facilities for "live" theater and concerts; l:J exhibition and convention halls; l:J motion picture theaters; o public and semi-public auditoriums; and l:J similar public assembly uses. . Does not include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events. See also Section 11.4.05.080: "Meeting Facilities, Private Schools, and Similar Institutional Uses" in Chapter 11.4.05: Standards for Specific Uses. "Tire Display': a tire or group of tires placed outside the building in the customer service area of an automobile service station. "Trailer Courf': see "Mobile Home Park." II Trailer Par~': see" Mobile Home Park." "Trash Enclosure": a wall or fence, '6 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. . "Twenty-Four Hour Foster Care Home": a dwelling occupied by a family who, for compensation or otherwise, accepts and cares for children 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 3 at anyone time. CITY OF SEAL BEACH MUNICIPAL CODE 79 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS U. Definitions, "U." . "Use": the purpose for which land or premises of structure thereon is designed, arranged or intended, or for which it is or may be occupied or maintained. "Use Permif': a discretionary zoning approval of the City, the procedures for which are established by Chapter 11.5.20: Development Permits. "Utility Facilities": fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities that are not exempted from land use permit requirements by Government Code Section 53091: l:J corporation and maintenance yards; l:J electrical substations and switching stations; l:J natural gas regulating and distribution facilities; l:J public water system wells, treatment plants and storage; l:J telephone switching facilities; l:J wastewater treatment plants, settling ponds and disposal fields. These uses do not include office or customer service centers (classified in "Offices"), or equipment and material storage yards. . "Utility Infrastructure": pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices"), or distribution substations (see "Utility Facilities"). V. Definitions, "V." "Variance": a discretionary entitlement that may waive or relax the development standards of this Zoning Code 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 in compliance with Chapter 11.5.20: Development Permits. II Vehicle Storage": a facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. I'ncludes facilities for the storage and/or servicing of fleet vehicles. Does not . include commercial parking lots. CITY OF SEAL BEACH MUNICIPAL CODE 80 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . "Vertical Access": an area of land providing a connection between the first public roadway or use area nearest the sea and the publicly owned tidelands or established lateral accessway. A vertical accessway may be used for public pass and repass, passive recreational use or as otherwise designated in the Seal Beach Local Coastal Program Land Use Plan. "Veterinary Clinics, Animal Hospitals, Kennels": office and indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals. Kennels and boarding operations are commercial facilities for the keeping, boarding or maintaining of 5 or more dogs 4 months of age or older, or 5 or more cats, except for dogs or cats in pet shops. "Vesting Tentative Map": a map that is filed and processed in the same manner as a Tentative Map except as otherwise provided by Article 1 0: Subdivisions, Chapter 1 0.20: Tentative Map Filing and Processing, Section 1 0.20.045: Vesting Tentative Maps or the Map Act. A Vesting Tentative Map shall have the words "Vesting Tentative Map" printed conspicuously on its face at the time it is filed with the Department. "Visible": capable of being seen (whether or not legible) by a person. . W. Definitions, "W." "Wading Poof': any body of water either natural or artificially confined less than 24 inches deep and 250 square feet in area, which is located permanently on the building site. "Walkway': pedestrian access from the public right-of-way to a structure or use. "Warehouse Retaif': a retail store emphasizing the packaging and sale of products in large quantities or volumes, where products are typically displayed in their original shipping containers. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. See also Section 11.4.05.140: Warehouse Retail and Large-Scale Commercial Projects in Chapter 11.4.05: Standards for Specific Uses. . "Warehouses, Wholesaling and Distribution": these facilities include: l:J "Warehouses": facilities for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage facilities. Does not include warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see "Wholesaling and Distribution"); or vehicle and freight terminals. CITY OF SEAL BEACH MUNICIPAL CODE 81 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS l:J "Wholesaling and Distribution": establishments engaged in selling . merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products; merchant wholesalers; stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. See also Section 11.4.05.140: Warehouse Retail and Large-Scale Commercial Projects in Chapter 11.4.05: Standards for Specific Uses. "Wetland: land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or where the land is covered by shallow water. In addition, all wetlands must have 1 or more of the following characteristics: l:J At least periodically, the land supports predominantly hydrophytes. l:J The substrate is predominantly undrained hydric soil. l:J The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. Areas classifiable as wetlands include, but are not limited to, lagoons, marshes, estuaries, mudflats, vernal pools, streams and rivers and associated riparian habitat areas. . "Wetland Buffer': lands which provide a buffer area of an appropriate size to protect the environmental and functional habitat values of the wetland. "Wine Cellar': a facility for the storage of wine. X. Definitions, "X." No specialized terms beginning with the letter "X" are defined at this time. Y. Definitions, "Y." "Yard": any open space .on the same lot with a structure, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this Zoning Code. "Yard Types": see Figure 11.6.05.010.L.4: Lot Lines and Lot Features. See Also Figure 11.6.05.01 0.Y.1: Yards: Irregular Lots. l:J "Exterior" or "Street Side Yard': a side yard adjacent to a street on a . corner lot. . CITY OF SEAL BEACH MUNICIPAL CODE 82 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS e "Front Yard": a yard extending across the front of the lot between the side lot lines and measured from the front line of the lot to the required minimum front setback, as required by this Zoning Code. l:J "Interior Side Yard": a side yard adjacent to another lot. l:J "Rear Yard': a yard extending across the full width of the lot and measured between the rear line of the lot and required minimum rear setback, as required by this Zoning Code. l:J "Side Yard": a yard extending along each side lot lines of the lot and measured between the side line of the lot and the minimum side setback, as required by this Zoning Code, bounded by the required front and rear yards. . . CITY OF SEAL BEACH MUNICIPAL CODE 83 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS ---' ' ,I .. _ .c~~-- -' Figure 11.6.05.01 0.Y.1 Yards: Irregular Lots . REAR VAIH) z; .. I - I S1REET &llEET FROHl YARD I -, I CORNER LOT EXAMPLES - . .. - . .. '/ INTERIOR lOT EXAMPlES ~~YMO ,r lOT,UNB 1 SIDE . ODD - SHAPED lOT EXAMPlES CITY OF SEAL BEACH MUNICIPAL CODE 84 . LEGEND _ _ _ , BUIlDING t20NINGJ ENVELOPE L _ _ _ (1WO D1MENSIOtWJ LOT LINES . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Z. Definitions, "Z." "Zoning Approvaf': authority granted by the City to use a specific site for a particular purpose, including Conditional Use Permits, Variances, Zoning Clearances, as established by Part V: Land Use and Zoning Decisions. "Zoning District': any of the base residential, commercial, public, or overlay districts established by Section 11.1.05.025: Designation of Base and Overlay Districts, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.). "Zoning Code": the Seal Beach Zoning Code, Title 11 of the Seal Beach Municipal Code, referred to herein as "Zoning Code." "Zoning Conformance Review": a ministerial zoning approval issued by the Department prior to issuance of any building permit and/or business license to ensure that the proposed use and/or construction complies with all of the provisions of this Zoning Code. See Chapter 11.5.25: Director Determinations. . . CITY OF SEAL BEACH MUNICIPAL CODE 85 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 86 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Appendix A Blanket Setback Variances . . CITY OF SEAL BEACH MUNICIPAL CODE 87 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Blanket Setback Variances Ordinance Number 509 Adopted August 13, 1957 ,., ,:~,<:'l'.",:,:":""""" '.,..:,'...., .. .., , T,RACT 2590..,,:' .,', ", " "I, - - .I '. .. .' ~ 'I. . .." >.:': 'L(/r~"":,~:"::",,',,,, .>. ,<\:..::' ..::/.,';>,>~:," ,:: ';::' "~'.fRONJtSE.tBACK'''TO<i=RONT:'' : i..iuMBE~':::;" ';:::::,S.T:R/~/~{-APD~E~S,<!"": ,':'bPENINC;;".'{'.Gf.RAqES.:),ANq':~'; ..;~, ,,:: ' ..' '",,' ': ,':' ,:"" : ':. :- " :', ' .RESIDENTIAL STRUCUTRE:~ . ," '. ,'.. / " . . . :... '''. . l'~' ~.' ~. . . ". '\.. ......A. . . . t' . 15 629 South Shore 15 Feet 28 620 South Shore 15 Feet 46 629 Taper 15 Feet 51 609 Taper 15 Feet 55 604 Taper 15 Feet 59 620 Taper 15 Feet 63 636 Taper 15 Feet 78 629 Sand Piper 15 Feet 85 601 Sand Piper 15 Feet . 88 608 Sand Piper 15 Feet 91 620 Sand Piper 15 Feet 94 632 Sand Piper 15 Feet 134 625 Beach Comber 15 Feet 139 605 Beach Comber 15 Feet 144 612 Beach Comber 15 Feet 149 632 Beach Comber 15 Feet 162 641 Sea Breeze 15 Feet 166 625 Sea Breeze 15 Feet 169 613 Sea Breeze 15 Feet 172 601 Sea Breeze 15 Feet 175 608 Sea Breeze 15 Feet 181 632 Sea Breeze 15 Feet 195 637 Island View 15 Feet 199 621 Island View 15 Feet 203 605 Island View 15 Feet . CITY OF SEAL BEACH MUNICIPAL CODE 88 . TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Blanket Setback Variances Ordinance Number 509 Adopted August 13, 1957 " .. ' , .. ".RAeT '2590, (.continued) .~. . .'- .. .. '. . " : , , ,,' " c .- . .., -,. '..' . A . , ' ' , .. . , . ":', ....?.. ..... . , : FRONT.SETBACK. TO '.FRONT . . , . . LOT:.... ~...: ,":: ":';STk~E.iADDRE1~'~,~~,::' ',., : ' .'oPENiNG:':: ,'GARA'GES'{" ,,'AAJD : NQMB'ER.,. : < .'.. "~'\'. '.... ../:<:; "~~. ~.: ,;': ~: ,: ':..:: ;::,..j: ,,' . " .... . . .- . ;',; ~ . . ... (. , 'RESIDENTIALSTRUCUTRE., '" .. .,,:,,:-. ,': .' .... . .' ~ '. . . . 207 608 Island View 15 Feet 212 628 Island View 15 Feet 239 701 Bay Side 15 Feet 244 633 Bay Side 15 Feet 247 621 Bay Side 15 Feet 251 605 Bay Side 15 Feet ,'LOT' . NUMBER 48 49 46 51 Resolution Number 150 Adopted September 6, 1967 :" ", ,'" .. '" TRACT 56'99 " .,' _ ,:' .. . . , ,'., " . .FRONT SETBACK-TO FRqNT, STREET ADDRESS OPENING ~~RAG'ES: > . ';" "'. . 4349 Guava 4348 Guava 4333 Guava 4332 Guava 1 0 Feet 10 Feet 1 0 Feet 10 Feet . CITY OF SEAL BEACH MUNICIPAL CODE 89 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Blanket Setback Variances . Resolution Number 150 Adopted September 6, 1967 " "" . 'T' RACT'6174" .,:' ,. " '" :", .. xc '. . . ...1 . . ' . . '. >'. "''''. I ': I';: . "'!':. '. ."~ '/'N:;::U"~M.,bB,rE""R' :':":'.:,' ,"Y: ,.,.~'+~~E~ ~b;RESS'" ~ .~'.... )-,' ~Rp" OE':'NN/fN: SG'~G-!iAB;AR~' 1~!<G"E7isq".fft~~ryf.,/: . . ,..'. ';'. ' '.<, ~;. ,/". :..<.::. . "V. . ",. . ',. ..... ~ '.::. .' y . ., . . : ".. '. . ':';. y.' ~. '.' ~. h '.: " : .,,: ~ . . :t ~ 45 3610 Primrose Circle 10 Feet 46 3611 Primrose Circle 10 Feet 43 3590 Primrose Circle 10 Feet 6 3600 Sunflower Circle 10 Feet 8 3620 Sunflower Circle 10 Feet 9 3630 Sunflower Circle 10 Feet 10 3631 Sunflower Circle 10 Feet 11 3621 Sunflower Circle 10 Feet 24 3590 Rose Circle 10 Feet 26 3610 Rose Circle 10 Feet . 27 3620 Rose Circle 10 Feet 28 3621 Rose Circle 10 Feet 30 3601 Rose Circle 10 Feet Resolution Number 150 Adopted September 6, 1967 . T~ACT '6175 " " \, : : , , , LOT FRON'T, SET,BACK'TO FRON: T, .~, :<:':N" u' MBE'R'...,: '. 'BTR,,~Ei,ADfjRESS:' y " .,', OP~NING ,GARAGES:: ': '~"" ' 1 0 Feet 1 0 Feet 10 Feet 1 0 Feet 10 Feet 1 0 Feet 10 Feet 10 Feet 3 5 6 8 13 15 16 '18 3540 Heather Circle 3560 Heather Circle 3561 Heather Circle 3541 Heather Circle 3540 Goldenrod Circle 3560 Goldenrod Circle 3561 Goldenrod Circle 3541 Goldenrod Circle . CITY OF SEAL BEACH MUNICIPAL CODE 90 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Blanket Setback Variances - /.f', ' ," '''', ',' "-:"'~ T~eI '$'17;5:t.c~"J~inu,df ." .., ~ ':', " .: :'", " ['Dr....' "t>~});:..:.,:~.,,:,:,;;.:;,:':;"::<':':':' ..::'.."...;',' " '. ;,:,<" 'FROtiT SETBAcK'TCfFRONT;' .:,' NUM~.ER::<~;: ,;\~tRE'pT ~'~P~~~~'_.i''':.~: \QPENING ,GARA:~~~;.:A1<,:,,:~~~~~f> ~ 23 3540 Fern Circle 10 Feet 25 3560 Fern Circle 10 Feet 26 3561 Fern Circle 10 Feet 28 3541 Fern Circle 10 Feet Resolution Number 150 Adopted September 6, 1967 . ...." ,,' TRACT 6176 ':' ',. .. . . ' ' , '.. . " , ' ' , . .... " " , " ' , , . ", LOT. ,Y,.': .. . ....: . .' , . . :~,., )~ ,Y.. ',,' . ,,'. FRONT SETBACK'i6 FRONt. , :: '" "~'~~~E'~./J:D~~~$S,~'~:j:'~ . NUMBER, : ..': OPENING GARAG,ES ' '.. ' .::: " ' , '. , . ..... '. . <I' 75 3540 Dahlia Circle 10 Feet 77 3560 Dahlia Circle 10 Feet 78 3561 Dahlia Circle 10 Feet 80 3541 Dahlia Circle 1 0 Feet 85 3540 Daffodil Circle 1 0 Feet 87 3569 Daffodil Circle 10 Feet 88 3570 Daffodil Circle 10 Feet 89 3561 Daffodil Circle 10 Feet 91 3541 Daffodil Circle 10 Feet Resolution Number 150 Adopted September 6,1967 . -- - " " .. ,:', TRACT 6177, ':". .... " ,. .. LOT':,::'; :' ~ .. " , , FRONT SETBAcK.TO FRONT : ' , .,..' NUMBER STREET ADDRESS, .. , 'OPENING GARAGES ' - ,. .. .' . n' 1 3520 Clover Circle 1 0 Feet 3 3540 Clover Circle 10 Feet 4 3551 Clover Circle 10 Feet CITY OF SEAL BEACH MUNICIPAL CODE 91 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS Blanket Setback Variances . " "......,...':.:::::::~':::(..:: ':',':/!':;,::,:': i '::>TRA<;:T 617.7::;('~(?,,;ti~u~d).. ..:"''''" .' .. r' ~ .. , . , . . ~. '...... . ,'oN',. . ':" . ..: ,', ..... . .... .. ..' . . ." . . ',: "..,' ,LOr.'.." .~;~}:-: .~./:,~; '~....'<,~',. ,;" . " ,;,:,:::", -: .-.', FRONT'SETBACK'TO FRONT"':" ':'N.UMi{ER":' :',.\::stR..E~.T.!tDjj/~~$S':::'~~:'. '~':'.,'.'6PENING GARAGES~'>:'- ,t: :: \; .:....:: '" ~ . .......;:~-:.;..... '. :...... ....:.:..:.'..:.~.", ".:' /:,....'. . . ',.;' '. " ",' . . ',' ""', .: 5 3541 Clover Circle 10 Feet 7 3521 Clover Circle 10 Feet 11 3550 Carnation Circle 10 Feet 13 3570 Carnation Circle 10 Feet 14 3571 Carnation Circle 10 Feet 16 3551 Carnation Circle 10 Feet Resolution Number 150 Adopted September 6, 1967 ~. : - ..., . . ~ .,.. " " TRAcT.6416", ':','; " ," ~.: tOT ': ::':,..'" ,:.. .:\' .' ,,': ,,' ,/'.::';' ' '\' ":">:';FRONTSETBACK TO FRONT:' NUMBER", ',,~r.R~~r:.A.lJ,DRESS. "',, 'OPENING' GARAGES .',">, ....\ .- ": ": . .n,'" . ." ,y' '. . <: . .1'" : ,,' 7 3580 Wisteria Circle 10 Feet 9 3560 Wisteria Circle 10 Feet 10 3561Wisteria Circle 10 Feet 12 3581 Wisteria Circle 10 Feet 43 3610 Teaberry Circle 10 Feet 45 3640 Teaberry Circle 10 Feet 46 3641 Teaberry Circle 10 Feet 48 3621 Teaberry Circle 10 Feet . . CITY OF SEAL BEACH MUNICIPAL CODE 92 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Blanket Setback Variances Resolution Number 150 Adopted September 6,1967 ',.. '" " " -..: "TRAC"t,6421: :.~ ~ ~': .... .' "",' :..: '" '. ..:: . ," ''':. " :',. . .' :.;' I.' ,. .' . ';:. ,Lo.r,;: .:~Fj <.j~:h:,::';"'-' .{.; ~',,>':': ~:' ~\ .'~, .::.' ,:' ';:', :.: .... FRONT'S'ETBACK TO,FRONT :'NUMBER'~~' t"....~J~R~~,! ADD~E$$':',::", :::':,OPENING GARA.GE.S''':~;'''' :", , > .... '. ...:. . ,. .... ..' '.'.. 2 3591 Primrose Circle 10 Feet 15 3580 Pansy Circle 10 Feet 17 3600 Pansy Circle 10 Feet 18 3601 Pansy Circle 10 Feet 20 3521 Pansy Circle 10 Feet . I. . . CITY OF SEAL BEACH MUNICIPAL CODE 93 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 94 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Appendix B Director Interpretations . . CITY OF SEAL BEACH MUNICIPAL CODE 95 TITLE 11 - ZONING PART VI: TERMS AND DEFINITIONS . Page has been intentionally left blank . . CITY OF SEAL BEACH MUNICIPAL CODE 96