HomeMy WebLinkAboutCC AG PKT 2010-06-14#BBAGENDA STAFF REPORT
DATE: June 14, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: PUBLIC HEARING - ADOPTION OF NEGATIVE
DECLARATION 2010 -1; ADOPTION OF MUNICIPAL
CODE, TITLE 11: ZONING; AND ADOPTION OF ZONE
CHANGE 10 -2
SUMMARY OF REQUEST:
Conduct a public hearing to consider:
❑ Adopting Resolution No. 6005, A Resolution of the Seal Beach City
Council Adopting Negative Declaration 2010 -1 for the Seal Beach
Municipal Code Title 11 (Zoning Code), and Instructing Staff to File
Appropriate Documentation with the County of Orange.
❑ Introducing Ordinance No. 1598, An Ordinance of the City of Seal Beach
Amending the Seal Beach Municipal Code by Repealing Chapter 28,
Zoning, and Adopting a New Title 11 (Zoning Code), and Adopting Zone
Change 10 -2.
BACKGROUND AND FACTS:
On May 5, 2010, the Planning Commission recommended that the City Council
adopt Title 11 a new Zoning Code for the City. The Commission recommendation
contained a series of 43 revisions to the Draft Title 11 dated February 2010. Many
of the changes were intended to reflect current State law in the areas of wireless
facilities and large family day care. The Planning Commission further
recommended that the City Council adopt a Negative Declaration in compliance
with the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
The Negative Declaration indicates that the potential impacts related to adoption of
the Zoning Code are less than significant.
On June 2, 2010, the Planning Commission recommended that the City Council
adopt Zone Change 10 -2. The Zone Change is intended to accomplish two goals:
Agenda Item BB
Page 2
1) to make the zoning map consistent with the zoning designations in
the new Zoning Ordinance, and
2) to rezone a portion of Old Town such that all of the Old Town zoning
is consistent.
INITIAL STUDY AND NEGATIVE DECLARATION 2010 -1:
The Initial Study and Negative Declaration 2010 -1 were previously provided to the
City Council on April 15 and are hereby incorporated by reference (Attachment 1).
However, due to the size of the document it is not included with the report, but copies
will be available at the public hearing.
The proposed project consists of the adoption of a new Title 11 Zoning Code and
a related Zone Change. However, the proposed project does not authorize any
physical alterations and /or construction at this time. Potential future development
projects would be subject to further review, including possible discretionary
actions, and environmental analysis once detailed project development plans are
filed with the City for consideration. The project does not propose any physical
modifications to properties (i.e. grading, construction, etc.).
The Negative Declaration was prepared by city staff and was available for public
review and comment from April 15 to May 17, 2010, in accordance with the
provisions of the California Environmental Quality Act. The Initial Study,
proposed Negative Declaration, and required public notices are on file at the
Department of Development Services.
The City received comments from the following agencies or individuals, as listed
below:
❑ State of California Office of Planning and Research, May 18, 2010;
❑ State of California Coastal Commission, May 17, 2010;
❑ State of California Department of Transportation, District 12, May 6, 2010;
❑ State of California Native American Heritage Commission, May 6, 2010;
and
❑ City of Seal Beach Environmental Quality Control Board, Minutes of April
28, 2010.
CEQA Section 21091(d)(1) requires that the City, as lead agency, must consider
any comments on the proposed Mitigated Negative Declaration that are received
during the public review and comment period. Pursuant to CEQA, the lead
Agency is only obligated to respond to comments on an Environmental Impact
Report, not for a proposed Negative Declaration. However, the City did prepare
written responses voluntarily in order to acknowledge public input and fully
address any issues raised. The "Responses to Comments" is attached
(Attachment 2).
Page 3
After distribution of the "Responses to Comments" document by the City, an
additional comment letter was received from Orange County Public Works stating
they had no comments. The City has not responded to this late comment.
Based upon a recommendation of the Planning Commission and the Environmental
Quality Control Board, staff suggests that:
❑ The City Council Adopt the Negative Declaration pursuant to Resolution No.
6005 (Attachment 3) and find as follows:
❑ Negative Declaration 2010 -1 - Adoption of Title 11 (Zoning Code) —
Seal Beach Municipal Code, was prepared by city staff and therefore
reflects the independent judgment of the City;
❑ There is no substantial evidence in the record that would support a fair
argument that approval of the project might have a significant
environmental impact;
❑ Approval of this project involves no potential for adverse effects, either
individually or cumulatively, on wildlife resources and will not have an
adverse impact on fish and wildlife. The project consists of the
adoption of New Zoning Code Title 11 — Seal Beach Municipal Code
and as set forth on pages 13 through 15 of the Negative Declaration, it
has been determined that the project would have "No Impact' on:
❑ Any species identified as a candidate, sensitive, or special status
species;
❑ Any riparian habitat or other sensitive natural community;
❑ Federally protected wetlands (including, but not limited to, marsh,
vernal pool, coastal, etc.);
❑ The movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife
corridors, or impeded use of native wildlife nursery sites;
❑ Does not conflict with any local policies or ordinances protecting
biological resources; and
❑ Does not conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, or other
approved local, regional, or state habitat conservation plan.
❑ The City Council also direct staff to file the "Notice of Determination" and the
"No Effect Determination Form" with the appropriate State and County
agencies.
MUNICIPAL CODE, TITLE 11 (ZONING):
The public hearing is to receive public testimony regarding adoption of a new
Zoning Code. A complete copy of the "Seal Beach Municipal Code - Draft Title 11:
Zoning, February 2010" is available on the City's website and was previously
distributed. The Planning Commission recommended adoption of the Code along
with a series of 43 amendments that are set forth in "Exhibit A" of Planning
Commission Resolution 10 -22.
Page 4
The "Seal Beach Municipal Code - Draft Title 11: Zoning, February 2010" is hereby
incorporated by reference (Attachment 4), but due to the size of the document is
not included herein. Copies of the complete version of Title 11 are available at
each library in the City and at City Hall. Copies will also be available at the public
hearing for review by interested persons.
OVERVIEW OF PROPOSED TITLE 11 (ZONING):
The Proposed Title 11: "Zoning" is a complete revision of the City's Zoning Code
and is intended to reflect the most appropriate and best available development
regulations and standards to meet the desires of the community regarding future
development within the City. Such a comprehensive revision effort has not been
undertaken within the community since 1974. As such, there are significant
changes from both procedural and development regulation standards
incorporated into the proposed Zoning Code that do not currently exist in the
present Zoning Code.
The proposed Title 11, Zoning, does not change standards for basic lot size,
density and building intensity, setback, lot coverage, height, parking, and sign
regulations of the current zoning Code. There are minor changes to allowable
and discretionary land uses within the City, such as news stands, kiosks, artist's
studios, catering services, and handicraft/custom manufacturing uses.
New provisions related to a number of mass and bulk related issues are
proposed, such as porches, additional building stepbacks for structures more
than 14 feet high, use of compatible material and design elements for building
additions, and other design and aesthetic matters of concern to the City. Please
see the discussion below regarding "Suggested Additional Revisions To Title 11
(Zoning)" regarding these mass, bulk, and design provisions.
In addition an "Administrative Use Permit" approval process is proposed which
would allow the Director of Development Services to review and approve several
types of discretionary land use approvals that are currently reviewed and
approved by the Planning Commission.
PLANNING COMMISSION ACTION — TITLE 11 (ZONING):
The Planning Commission held a public hearing on May 5, 2010, and
recommended adoption of the new Title 11, Zoning. Attached is the Planning
Commission Resolution 10 -22 (Attachment 5), which includes all of the
Commission recommended changes. Also attached is a copy of the Planning
Commission staff report (Attachment 6) and meeting minutes (Attachment 7).
Page 5
PLANNING COMMISSION ACTION — ZONE CHANGE 10 -2 (ZONING MAP):
The Planning Commission conducted a public hearing on June 2, 2010, and
recommended adoption of the new Zoning Map:
❑ To be consistent with the new Zoning District names in Title 11, and
❑ To place the residential area of "Old Town" bounded by Pacific Coast
Highway, the 17th Street Alley, Electric Avenue, and the 12th /13th Street
Alley in the RHD -20 Zoning District, to be consistent with the zoning for
the majority of "Old Town." This area is currently in the "Residential
Medium Density — District I" zone. No other changes to current zoning
designations of property are proposed.
Attached are copies of the Planning Commission Resolution 10 -25 (Attachment 8),
the Planning Commission Staff Report (Attachment 9), and the Planning
Commission minutes (Attachment 10).
CITY COUNCIL PUBLIC HEARING — TITLE 11 (ZONING):
This public hearing is the culmination of a 5 month process by the City to
complete a comprehensive revision and update to the Zoning Code of the City.
This effort has been built upon the previous efforts of the City between 2007 and
2009 to adopt an updated Zoning Code.
During the current period of time between the release of the February 2010 Draft
Title 11 and now, the City conducted a total of 12 Community Information
Meetings, as indicated below:
Community Information Meetings
Residential Neighborhood Meetings
❑ March 1, 2010: Old Town ❑
❑ March 2, 2010: Surfside ❑
❑ March 9, 2010:
& West
❑ March 10, 2010
College Park East ❑
Leisure World
❑ March 24, 2010: Marina Hill and
the Coves
❑ March 29, 2010: Old Town
❑ March 30, 2010: College Park East
& West
❑ March 31, 2010: Old Town
Business Communitv Meetinas
March 3, 2010: Old Town
March 15, 2010: Old Ranch Towne
Center /Shops at Rossmoor
March 16, 2010: Old Town
❑ March 23, 2010: Seal Beach
Center /Seal Beach Village
The meetings were held at various locations to allow maximum attendance by
residents and business owners. Approximately 100 people attended the
Page 6
meetings and shared their opinions on the draft Code. Additionally, staff met with
the Chamber of Commerce and other interested parties to discuss their specific
concerns.
SUMMARY OF "OVERARCHING ISSUES ":
Based on comments received during the 12 Community Information Meetings
staff identified 5 "Overarching Issues" for consideration by the Planning
Commission, and now by the City Council, in considering the adoption of a new
zoning code for the City. Those identified "Overarching Issues" are:
1. The use of mass and bulk provisions in the Zoning Code;
2. The impacts of the Zoning Code on commercial properties;
3. The impact of the Zoning Code on non - conforming structures;
4. The appropriateness of Administrative Use Permits versus
Conditional Use Permits; and
5. Miscellaneous concerns.
The April 12, 2010 "Joint Presentation City Council and Planning Commission
Agenda Staff Report" provides additional discussion regarding the "Overarching
Issues," including
❑ "What Staff Heard" — a summary of the public comments received;
❑ "Background" discussion; and
❑ "Staff Response."
SUGGESTED ADDITIONAL REVISIONS TO TITLE 11 (ZONING):
Staff has continued to carefully review and consider the public comments
received during the 12 Community Information Meetings held in March 2010,
even after the Planning Commission hearing. Based on our review staff
suggests further refinements to Title 11 to create a set of "Interim Community
Guidelines." The Guidelines would remove regulations regarding building mass,
building bulk, and building design standards from Title 11 and place these
standards into guidelines, which would be adopted by City Council Resolution.
This suggestion is based upon feedback staff received during the March 2010
Community Information Meetings. A reoccurring theme that staff heard was
related to the proposed building mass, building bulk, and building design
standards. We received comments in favor of the proposed standards and in
opposition to those proposed standards. In order to highlight those specific
issues staff is proposing that these provisions be relocated out of Title 11 and
adopted instead as "guidelines." While guidelines do not have the full effect of a
law, and property owners and designers can ignore the guidelines, many cities
throughout California successfully utilize guidelines for building design purposes.
Page 7
Staff is suggesting that the sections listed below be relocated from the Zoning
Code and be. placed into a set of "Interim Community Guidelines ":
Chapter 11.2.05 — Base District Regulations — Residential Districts:
❑ Table 22.2.05.015 — Ratio of 2nd Story Building Area to Vt Story
Building Area;
❑ Section 11.2.05.015.F — RLD -9 District — Minimum Rear Yards;
❑ Section 11.2.05.015.1- - Building Entrance;
❑ Section 11.2.05.015.M — Fagade Articulation — Lots Greater then 25
Feet in Width;
❑ Section 11.2.05.015.N — Windows and Trim;
❑ Section 11.2.05.015.P — Additional Front Setback Above 14 feet;
❑ Section 11.2.05.015.Q — Additional Side Setback or Stepback Above
14 Feet;
❑ Section 11.2.05.015.R — Design of Building Additions;
❑ Section 11.2.05.015.U.3 — Additional Offset for Garage Facing Street;
and
❑ Section 11.2.05.015.Y — Open Space Requirements.
Chapter 11.2.10 — Base District Regulations — Commercial and Mixed -Use
Districts:
❑ Section 11.2.10.015.1 — Building Design Features;
❑ Section 11.2.10.015.J — Blank Walls;
❑ Section 11.2.10.015.E — Ground Floor Requirements; and
❑ Section 11.2.10.015.M — Building Transparency
Chapter 11.2.15 — Base District Regulations — Light Manufacturing and Oil
Extraction Districts:
❑ Section 11.2.15.015.6 — Building Design Features;
Upon the adoption of the "Interim Community Guidelines" staff would utilize the
adopted guidelines when working with project applicants to attempt to have
development projects incorporate the guidelines to the greatest extent possible.
After utilization of the "Interim Community Guidelines" for 6 -12 months, staff
could report back to the Planning Commission or the City Council on the
effectiveness of the guidelines. At which point the "Interim Community
Guidelines" could be modified as necessary. Staff has prepared a redline
version of indicating which sections of Title 11 would be contained in the "Interim
Community Guidelines" (Attachment 11). Additionally, staff has prepared a clean
version of the "Interim Community Guidelines" which could be adopted by City
Council resolution (Attachment 12).
Based upon the Planning Commission recommendation of May 5, 2010, and the
refinements outlined above, Staff would suggest that the City Council adopt new
Title 11 (Zoning) pursuant to Ordinance No. 1598 (Attachment 13).
Page 8
EFFECTIVE DATE OF TITLE 11:
In accordance with the provisions of State law, an ordinance becomes effective
30 days after the City Council "second reading" of the ordinance. This is the
standard practice of the City, unless the City Council determines to adopt a
different effective date bf the adopted ordinance provisions. Any application
deemed complete by the effective date of the new Ordinance would be
processed under the current Chapter 28.
FINANCIAL IMPACT:
There are no direct financial impacts related to the Code, except for printing costs
which have been previously budgeted.
RECOMMENDATION:
At the conclusion of the public hearing, staff suggests that the City Council:
❑ Adopt Resolution No. 6005 A Resolution of the Seal Beach City Council
Adopting Negative Declaration 2010 -1 in Connection with the Adoption of
Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff
to File Appropriate Documentation with Appropriate State and County
agencies.
❑ Introduce Ordinance No. 1598, An Ordinance of the City of Seal Beach
Amending the Seal Beach Municipal Code by Repealing Chapter 28,
Zoning, and Adopting a New Title 11 (excepting the "Community
Guidelines as described herein), Zoning and Adopting Zone Change 10 -2.
❑ Instruct Staff to prepare a subsequent Resolution - for City Council
consideration at the time of consideration of second reading and adoption
of Ordinance No. 1598, which will adopt the removed building mass,
building bulk, and building design standards from Title 11 as "Interim
Community Guidelines."
SUBMITTED BY:
Mark Persico, AICP
Director of Development Services
NOTED AND APPROVED:
cw<=�-J
David Carm y, City Manager
Lee Whittenberg, Development Services Project Consultant
Page 9
Attachments: (13)
Attachment 1:
Initial Study and Negative Declaration 2010 -1, Adoption of
New Zoning Code Title 11 — Seal Beach Municipal Code,
prepared by the City of Seal Beach, April 15, 2010 - Hereby
incorporated by reference and not included due to length. A
complete copy is available on the City's website at
www.ci.sealbeach.ca.us.
Attachment 2:
Responses to Comments for Initial Study/ Negative
Declaration 2010 -1, Adoption of New Zoning Code Title 11 —
Seal Beach Municipal Code, dated May 25, 2010
Attachment 3:
Resolution No. 6005, A Resolution of the Seal Beach City
Council Adopting Negative Declaration 2010 -1 In Connection
with the Adoption of Seal Beach Municipal Code Title 11
(Zoning Code
Attachment 4:
Draft Title 11 Zoning, February 2010 — Hereby incorporated by
reference and not included due to length. A complete copy is
available on the City's website at www.ci.sealbeach.ca.us.
Attachment 5:
Planning Commission Resolution Number 10 -22,
Recommending to the City Council an Amendment to the
Seal Beach Municipal Code by Repealing Chapter 28,
Zoning, and Adopting a New Title 11 (Zoning Code)
Attachment 6:
Planning Commission Staff Report, May 5, 2010
Attachment 7:
Planning Commission Minutes, May 5, 2010
Attachment 8:
Planning Commission Resolution Number 10 -25,
Recommending to the City Council Approval of Zone Change
10 -2, an Amendment to the Seal Beach Zoning Map to be
Consistent with Recommended Title 11, Zoning, adopted
June 2, 2010
Attachment 9:
Planning Commission Staff Report, June 2, 2010
Attachment 10:
Planning Commission Minutes, June 2, 2010
Attachment 11:
Part II, Base District Regulations — Annotated — Indicating
removal of suggested building mass, building bulk, and
building design standards
Attachment 12:
Proposed "Interim Community Guidelines"
Attachment 13:
Ordinance No. 1598, An Ordinance of the City of Seal Beach
Amending the Seal Beach Municipal Code by Repealing
Chapter 28, Zoning, and Adopting a New Title 11, Zoning
and Adopting Zone Change 10 -2
ATTACHMENT 1
INITIAL STUDY AND NEGATIVE
DECLARATION 2010 -1, ADOPTION OF
NEW ZONING CODE TITLE 11 - SEAL
BEACH MUNICIPAL CODE, PREPARED BY
THE CITY OF SEAL BEACH, APRIL 15,
2010
HEREBY INCORPORATED BY REFERENCE AND
NOT INCLUDED DUE TO LENGTH. A COMPLETE
COPY IS AVAILABLE ON THE CITY'S WEBSITE AT
www.ci.sealbeach.ca.us.
ATTACHMENT 2
RESPONSES TO COMMENTS FOR INITIAL
STUDY/ NEGATIVE DECLARATION 2010 -1,
ADOPTION OF NEW ZONING CODE TITLE
11 - SEAL BEACH MUNICIPAL CODE,
DATED MAY 25, 2010
Responses to Comments for
Initial Study /Negative Declaration 2010 -1
ADOPTION OF NEW ZONING CODE
TITLE 11 - SEAL BEACH
MUNICIPAL CODE
CITY OF SEAL BEACH
-5E
T�,
Prepared by:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Contact: Mark Persico, AICP,
Director of Development Services
(562) 431 -2527, extension 1313
May 25, 2010
ZACarmen_data7itle 11 W D 2010 Responses To Comments.doc
Table of Contents
Section 1 Introduction ..................................................... ..............................1
Section 2 Comment Letters and Responses ................... ..............................3
State of California Office of Planning and Research .....................4
State of California Coastal Commission .......... ..............................9
State of California Department of Transportation, District 12......11
State of California Native American Heritage Commission .........13
City of Seal Beach Environmental Quality Control Board
Minutes of April 28, 2010 ............................... .............................16
City of Seal Beach
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Section 1. Introduction
This document has been prepared to respond to public comments received on
Negative Declaration 2010 -1 for the proposed Adoption of New Zoning Code:
Title 11 — Seal Beach Municipal Code. The Negative Declaration was subject to
a 30 -day public review period from April 15, 2008 to May 17, 2010. The
California Environmental Quality Act (CEQA) Guidelines Section 15073(a) states
that the Lead Agency shall provide a public review period of not less than 30
days for a proposed Negative Declaration when review by state agencies is
required.
Distribution of the Initial Study/ Negative Declaration and Notice of Intent to
Adopt a Mitigated Negative Declaration for review and comment included the
following agencies and organizations:
State of California Office of Planning and Research
County of Orange — County Clerk
California Coastal Commission
Orange County Fire Authority
County of Orange EMA - Planning
OCEMA —Transportation Planning
Regional Water Quality Control Board — Santa Ana Region
South Coast Air Quality Management District
Southern California Association of Governments
Army Corps of Engineers — Los Angeles District
California Department of Fish & Game — Region 5
Orange County Sanitation District
Caltrans District 12
Caltrans District 7
Naval Weapons Station, Seal Beach
Los Alamitos Unified School District
Southern California Edison
SoCal Gas Company
Verizon Telephone
City of Los Alamitos
City of Garden Grove
City of Huntington Beach
City of Long Beach
City of Westminster
Gabrielino/Tongva Tribal Council
Gabrielino - Tongva Tribal Council of the Gabrielino Tongva Nation
Gabrielino Tongva Indians of California
Golden Rain Foundation
Rossmoor Community Services District
Island Village Homeowner's Association
City of Seal Beach 1
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
The Notice of Intent to Adopt a Negative Declaration was published in the local
newspaper, The Sun, on April 15, 2010. Copies of the Negative Declaration
were also made available for public review at the Development Services public
counter and at each library within the City.
The City of Seal Beach received 4 comment letters on the Negative Declaration
from public agencies and also received comments from the Environmental
Quality Control Board during the public comment period.
CEQA section 21091(d)(1) requires that the City, as Lead Agency, must consider
any comments on the proposed Mitigated Negative Declaration that are received
within the public review period.
In addition, the City further determined to have the draft Negative Declaration
reviewed by the Planning Commission at public hearings being conducted
regarding the proposed Title 11, Zoning. At the May 5, 2010 Planning
Commission meetings the City received no comments from members of the
Planning Commission or the public regarding Negative Declaration 2010 -1.
CEQA Guidelines Section 15204(b) provides that in reviewing negative
declarations, persons and public agencies should focus on the proposed finding
that the project will not have a significant effect on the environment. If persons
and public agencies believe that the project may have a significant effect, they
should 1) identify the specific effect; 2) explain why they believe the effect would
occur, and 3) explain why they believe the effect would be significant.
CEQA Section 15204(c) further advises: "Reviewers should explain the basis for
their comments, and should submit data or references offering facts, reasonable
assumptions based on facts, or expert opinion supported by facts in support of
the comments. Pursuant to Section 15604, an effect shall not be considered
significant in the absence of substantial evidence. Section 15204(d) also states,
"each responsible agency and trustee agency shall focus its comments on
environmental information germane to that agency's statutory responsibility."
Section 15024(e) states, "this section shall not be used to restrict the ability of
reviewers to comment on the general adequacy of a document or the lead
agency to reject comments not focused as recommended by this section."
Each comment letter received during the public review period is included in its
entirety in this document. Each letter is followed by responses corresponding to
comments submitted in the letter. Responses are provided for all comments
submitted. No new significant environmental impacts are raised by the submitted
comment letters.
City of Seal Beach 2
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
4
Section 2. Comment Letters and Responses
This section provides complete copies of all comment letters received during the
public review period and by the Environmental Quality Control Board for the
proposed Initial Study/ Negative Declaration 2010 -1. Each letter or meeting
minutes is included in its entirety for the subject negative declaration, followed by
responses that correspond to the comments raised.
Response
Number Agency/Organization /Individual Letter Date
1 State of California Office of Planning and May 18, 2008
Research
2 State of California Coastal Commission May 17, 2010
3 State of California Department of May 6, 2010
Transportation, District 12
4 State of California Native American Heritage May 6, 2010
Commission
Agency Public Comment Meeting
5 City of Seal Beach Environmental Quality April 28, 2010
Control Board Meeting Minutes
City of Seal Beach
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
3
Letter 1: State of California Office of Planning and Research, May 18, 2010
.. STATE OF CALIFORNIA
GOVERNOR'S OFFICE of PLANNING AND RESEARCH
�
SPATE CLEARINGHOUSE AND PLANNING UNIT
AaNOLa SCawAS2$raC.'GBH
GOVERNOR
May 18, 2010
MarkPersico MAY 2 4 2010
City of Seal Beach
211 Eigbih Street
Seal Beach, CA 90740
Subject Adoption of New Zoning Code - Title 11
SCH#: 2008031045
Dear Mark Persico:
.ea
m �
A r.
DmECMIL
The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for
review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state
agencies that reviewed your document The review period closed on May 17, 2010, and the comments
from the responding agency (ies) is ( are) enclosed If this comment package is not in order, please notify
the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in
future comspondenee so that we-may respond promptly.
Please note that Section 21104(c) of the California Public Resources Code slates that
"A responsible or other public agency shall only make substantive comments regarding those
activities involved in a project which are within an area of expertise of the agency or which are.
required to be tamed out or approved by the agency. • Those comments shall be supported by
specific documentation. -
These comments are forwarded for use in preparing your final environmental document Should you need
more information or clarification of fe enclosed comments, we recommend that you contact the
commenting agency fitly.
This letter acknowledges that you have complied with the State Clearinghouse review requirements for
draft environmental documents, pursuant to the California Environmental Quality Act Please contact the 1 -1
State Clearinghouse at ( 916) 445 -0613 if you have any questions regarding the environmental review
process-
*
Director, State Clearinghouse
Enclosures
cc Resources Agency
14001Dth Street P.O. Box %g Sacramento, California 95812 -3044
(916) 445-0613 FAX(916)323-301B www.oprxLgov
City of Seal Beach 4
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 1: State of California Office of Planning and Research, May 18, 2010
Document Details Report
State Clearinghouse Data Base
SChf# 2008031045
Project TiYNe Adoption of New Zoning Code - Title 11
Lead Agency Seal Beach, City of
Type Nag Negative Declaration
Description NOTE: Review per Lead
The proposed Comprehensive Zoning Code Update is a complete revision of the City's Zoning Code
and is Intended to reflect the most appropriate and best available development regulations and
standards to most the desires of the community regarding future development within the City. Such a
comprehensive revision effort has not been undertaken within the community since 1974. As such,
there are many changes from both procedural and development regulation standards incorporated into
the proposed zoning code that do riot currently existing in the present zoning code.
The proposed Title 11, Zoning, does not change standards for basic lot size, density and building
intensity, setback, lot coverage, height, parking, and sign regulations of the current zoning Code.
There are minor changes to allowable and discretionary land uses within the City, such as news
stands, Idosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New
provisions related to a number of design related Issues are proposed, such as porches, additional
building stepbacks for structures more than 14 ft high, use of compatible material and design elements
for building additions, and other design and aesthetic matters of concern to the City. In addition an
"Adrrrinisbative Use Permit' approval process is proposed which would allow the Director of
Development Services to review and approve several types of discretionary land use approvals that
are currently reviewed and approved by the Planning Commission.
Note: Blanks in data fields result from insufficient Information provided by lead agency.
City of Seal Beach 5
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 1: State of California Office of Planning and Research, May 18, 2010
Lead Agency Contact
Name
Mark Persieo
Agency
lady of Seal Beach
Phone
(562) 431 -2527 x 1313
email
Address
211 Eighth Street
City Seal Beach
Document Details Report
State Clearinghouse Data BAse
Fax
State CA Zip 90740
Project Location
County Orange
City •Seal Beach
Region
Lat /tong 33' N 1116' W
Cross Streets citywide
Parcel No,
Townsh/p Range Section Base
Proximity to:
Highways 101
Airports ,
Railways
Waterways San Gabriel River, Pacific Ocean
Schools _
Land Use WA - Comprehensive update to the Zoning Code
Project issues Agricultural land; AesthetitN'isual; Air Quality; ArchaeologicHlstoric; Biological Resources; Coastal
Zone; Cumulative Effects; Drainage/Absorption; Flood Plaln/Flooding; Geologic/Saismic; Growth
Inducing; l.anduse; Minerals; Noise; Public Services; Recreation /Parks; Septic System; Sewer
Capacity; Soil Erosion/Compaction/Grading; Solid Waste; TobdHazardous; Trafic/Ch ulation; Water
Quality; Water Supply; Welland/Riparian
Reviewing# Resources Agency, California Coastal Commission; Department of Fish and Game, Region 5; Office of
Agencies Historic Preservation; Department of Parks and Recreation; Department of Water Resources;
California Highway Patrol; Caltrans, District 12; Regional Water Quality Control Board, Region 8;
Native American Heritage Commission
Date Received 04/14/2010, Start of Review 04/14/2010 End of Review 05117/2010
Note: Blanks in data fields result from insuffldent Information provided by lead agency.
City of Seal Beach 6
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 1: State of California Office of Planning and Research, May 18, 2010
May -17 -10 01:IBps Fram- California Coastal +5625805084 T-065 P.002/002 F -031
STATE OF CALIFORNIA NATURAL. RESOURCES AGENCY ARtn SCMWARZENEGGER, G&Amor
CALIFORNIA COASTAL COMMISSION
SouM Coast Area 011ics
200 Ocranga0a, Sully 1000
Long aeaail, CJ18000243302
590-50" RECEIVED
May 17, 2010
Mark Persico MAY 17 2010 ete-
Director of Development Services io
City of Seal Beach STATE CLEARING HOUSE e
211 Eighth Street
Seal Beach, CA 90740
Re: Adoption of the New City of Seal Beach Zoning Code
Initial Study /INitlgated Negative Declaration (SCH# 2008031045)
Dear Mr. Persico,
Thank you for the opportunity to review the initial Study /Mitigated Negative Declaration for the
adoption of the New City of Seal Beach Zoning Code. According to the Initial Study/Mitigated
Negative Declaration, the proposed comprehensive Zoning Code update is a complete revision
of the City's Zoning Code.
Since the City of Seal Beach does not have a Certified Local Coastal Program (LCP) nor a
certified Land Use Plan (LUP), the Coastal Commission does not have a document in which to
review and compare the updated Zoning Code with to determine if there are any inconsistencies
with the Coastal Act. When the City decldes to obtain a Certified LCP, the Zoning Code, as well
as, other City documents will be reviewed to determine consistency with the Coastal AcL
Thank you for the opportunity to comment on the Initial Study/Midgated Negative Declaration for
the adoption of the New City of Seal Beach Zoning Code. Commission staff request notification
of any future activity associated with this project or related projects. Please feel free to contact
me at 562- 590 -5071 with any questions.
Coastal Pr" Analyst II
Cc: State Clearinghouse
City of Seal Beach 7
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Responses to Comment Letter 1
State of California Office of Planning and Research, May 18, 2010
1 -1 This letter indicates that the City has complied with the State Clearinghouse
review requirements for draft environmental documents, pursuant to the
California Environmental Quality Act.. The comment raises no
environmental issues regarding the proposed project. No response is
necessary.
City of Seal Beach 8
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 2: State of California Coastal Commission, May 17, 2010
STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Govemor
CALIFORNIA COASTAL COMMISSION
South Coast Area office -- p
200 Oceangate suite 1000 ;
Long Beach. CA 90602-4302
(562) 590 -5071 j+ �:. q
May 17, 2010
Mark Persico IfAY 18 20M0
Director of Development Services �.
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Re: Adoption of the New City of Seal Beach Zoning Code
Initial Study /Mitigated Negative Declaration (SCH# 2008031045)
Dear.Mr. Persico,
Thank you for the opportunity to review the Initial Study /Mitigated Negative Declaration for the
adoption of the New City of Seal Beach Zoning Code. According to the Initial Study/Mitigated
Negative Declaration, the proposed comprehensive Zoning Code update is a complete revision
of the City's Zoning Code.
Since the City of Seal Beach does not have a Certtfied Local Coastal Program (LCP) nor a
certified Land Use Plan (LUP), the Coastal Commission does not have a document in which to
review and compare the updated Zoning Code with to determine if there are any inconsistencies 2-1
with the Coastal Act. When the City decides to obtain a Certified LCP, the Zoning Code, as well
as, other City documents will be reviewed to determine consistency with the Coastal Act.
Thank you for the opportunity to comment on the Initial Study /Mitigated Negative Declaration for
the adoption of the New City of Seal Beach Zoning Code. Commission staff request notification
of any future activity associated with this project or related projects. Please feel free to contact
me at 562 - 590 -5071 with any questions.
Femle Sy
Coastal P / ra Analyst 11
Cc: State Clearinghouse
City of Seal Beach 9
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Responses to Comment Letter 2
State of California Coastal Commission, May 17, 2010
2 -1 The comment indicates that at such time as the City determines to obtain a
Certified Local Coastal Plan that the Coastal Commission will review the
Zoning Code along with other City documents to determine consistency with
the Coastal Act. The City will work closely with the Coastal Commission
when it is prepared to proceed with obtaining a Certified Local Coastal Plan.
The comment raises no environmental issues regarding the proposed
project. No response is necessary.
City of Seal Beach 10
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 3: State of California Department of Transportation, District 12, May
6, 2010
FATE OF CAUFGRMA— .BJMNM5 TRANSPORTATION AND HOUSING AGENCY
ARNOLD SCHWARZF.NF.CGER G—
DEPARTMENT OF TRANSPORTATION
District 12
3337 Michelson Drive, Suite 380
Irvine, CA 92612 -8894 C -r cr :_ ::. .h
Tel: (949) 724 -2241
F1exJVWPMW1
Fax: (949) 7242592
Be energy egieiend
May 6, 2010 1
Mark Persicw, File: IGR/CEQA
City of Seal Beach SCH #: 2008031045
2118' Street Log #: 2493
Seal Beach, California 90740 SR -1,1 -405
Subject: Adoption of New Title 11, Zoning of the Seal Beach Municipal Code
Dear Mr. Persico,
Thank you for the opportunity to review and comment on the Initial Study /Negative
Declaration (IS/ND) for the Title 11: Zoning - Seal Beach Municipal Code. The project
consists of a complete revision of the City Zoning Code and is intended to reflect the most
appropriate and best available development regulations and standards to meet the desires of the
community regarding future development within the City. The Title 11 Section includes minor
changes to allowable and discretionary land uses within the City. The nearest state routes to the
planning area are SR -1 and I-405.
The Department of Transportation (Department) is a commenting agency on this project 3 -1
and has no comment at this time. However, in the event of any activity in the Department's
right -of -way, an encroachment permit will be required.
Please continue to keep us informed of this project and any future developments that could
potentially impact State transportation facilities. If you have any questions or need to contact us,
please do not hesitate to call Marlon Regisford at (949) 724 -2241.
Sincerely, n
Christopher Herr., �Bral.Yeief
Local Development/Intergovernmental Review
C: Terry Roberts, Office of Planning and Research
- Cnibaaa unproven mobUdy — Cahfortia'
City of Seal Beach 11
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Responses to Comment Letter 3
State of California Department of Transportation, District 12, May 6, 2010
3 -1 This letter indicates that Caltrans District 12 is a commenting agency and
has no comments at this time. The comment raises no environmental
issues regarding the proposed project. No response is necessary.
City of Seal Beach 12
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 4: State of California Native American Heritage Commission, May 6,
2010
K 05/08/2010 13:34 FAX 918 557 5090 ltkvc 1�1c01
NATIVE AMERICAN HERITAGE COMMISSION
915 CRWrq, MALL. ROOM 3"
SACMMEMD, CO 96914
M10653-6011
Feu (91st 6A•5390
web stn -,4.m[
May 6, 2010
Mr. Mark Persico, Planner
CITY OF SEAL BEACH
211 Eighth Street
Seal Beach, CA 90740
Sent by FAX to: 562 -430 -6763
Number of pages: 2
Re: Tr—hall Consultation Per SE
Dear Mr. Persiew.
Government Code §65352.3 and 5 requires local governments to consult with C,aGfomfa Native
American tubes identified by the Native American Heritage Commission (NAHC) for the purpose of
protecting, and/or mitigating Impacts to cultural places. Attached is a Native American Tribal
Consultation fist of tribes with traditional lands or cultural places located within the requested plan
boundaries 4 -1
As a part of consultation, the NAHC recommends that local governments conduct record searches
through the NAHC and California Historic Resources Information System (CHRIS) to determine If any
cultural places are located wtthln the area(s) affected by the proposed action.
A NAHC Sacred Lands File search was conducted based on the project site n information Included in
your request and no Native American cultural resources were found within the area of potential effect
(APE) you identified (City Boundaries). However, local governments should be aware that records
mak+tained by the NAHC and CHRIS are not exhaustive, and a negative response to these searches
does not preclude the existence of a cultural place. A tribe may be the only source of information 4 -2
regarding the existence of a cultural place. I suggest you consult with all of those on the accompanying
Native American Contacts bt which has been included separately. If they cannot supply information,
they might recommend others with specific knowledge about cultural resources in your plan area If a
response has not been received within two weeks of notifieabon, the Commission requests that you
follow-up with a telephone call to ensure that the project information has been received.
If you receive noh"6cation of change of addresses and phone numbers from Tribes, please notify me.
With your assistance we are able to assure that our consultation fist contains current Information.
If you have sly g9"ns, please contact me at (916) 653 -6251.
Program
Attachment Witive American Contacts
City of Seal Beach 13
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Letter 4: State of California Native American Heritage Commission, May 6,
2010
05/06/2010 13:34 FAX 916 657 5390 NAHC 0002
Native American Tribal Consultation List y
Orange County
May 6, 2010
Gabrieleno/Tongva San Gabriel Band of Mission
Anthony Morales, Chairperson
PO Box 693 Gabrieljno Tongva
San Gabriel . CA 91778
(626) 286 -1262 -FAX
(626) 286 -1632
(626) 286 -1758 - Home
(626) 483 -3564 cell
Gabrielirto Tongva Naficn
Sam Dunlap, Chairperson
P.O. Box 86908 Gabrielino Tongva
Los Angeles , CA sons
samduniapCa earthlink.net
(909) 262 -9351 - cell
Juar"M Band of Mission Irogwo Acja&,Wnen Naflon
Anthony Rivera, Chairman
31411 A La Matanza Street Juanena
san Juan capa"w o , CA 926752074
advera(D juaneno.00m
(949) 488 -3484
Juaneno Band of Mission Indians
Sonia Johnston, Tribal Chairperson
'.O. Box 25628
Santa Ana . CA 92799 Juaneno
Ionia. johnston § sboglobal. net
714) 323 -8312
uaneno Bend of MiaWm Inalans Aclechemen Natbn
Joyce Perry; Representing Tribal Chairperson
•955 Passo Segovia Juaneno
vine , CA 92612
L49- 293 -8522
This 0st Ie ararant odfr as of the dam of this me.,aa .
Gabrielino- Tongva Tribe
Linda Candeiaria, Chairwoman
1875 Century Park East, SUlte 1500
Los Angeles . CA 90067
(310) 587 -2203 Gabrielino
310-428 -5767- cell
(310) 587 -2281
Dhadbuffon of thb Oat does not reeeve any person or sfandmy respore Wihy as darted In Scmos 70504 of the Health and
Sa" Ccchk Section 5W.94 of tae NNW Roouroes Coda and Gannon 609798 of the patlio Aesouves Coda
This 0n M appScaMe any for vwwu aa0sn Wth #4WV6 American &tors under Govaranam Coda $acum G 35ZS
City of Seal Beach 14
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Responses to Comment Letter 4
State of California Native American Heritage Commission, May 6, 2010
4 -1 This letter provides comments regarding Tribal Consultation per SB 18. The
comment raises no environmental issues regarding the proposed project.
The City distributed the Negative Declaration to three different tribal groups
that the City has dealt with over the past 15 -20 years regarding cultural
resource mitigation programs for development projects. As indicated on
page 4 of the Initial Study /Negative Declaration 2010 -1:
"The proposed project does not authorize any physical alterations
and /or development of any properties at this time. Potential future
projects would be subject to further review, including possible
discretionary actions, and environmental analysis once detailed
project development plans are filed with the City for consideration."
4 -2 This comment indicates that "A NAHC Sacred Lands File search was
conducted based on the project site information included and no Native
American cultural resources were found within the area of potential effect
(APE) you identified (City Boundaries)." The comment also suggests
consultation "with all of those on the accompanying Native American
Contacts list."
The City did send copies of Initial Study /Negative Declaration 2010 -1 to the
following tribal groups and has received no response from any of those
groups:
❑ Gabrielino/Tongva Tribal Council;
❑ Gabrielino - Tongva Tribal Council of the Gabrielino Tongva Nation;
and
❑ Gabrielino Tongva Indians of California.
City of Seal Beach 15
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Public Meeting 5: City of Seal Beach Environmental Quality Control Board
Meeting Minutes, April 28, 2010 (Minute Excerpt)
2. Receive Comments — Initial Study /Negative Declaration 2010 -1 Adoption of
New Zoning Code Title 11 — Seal Beach Municipal Code, City of Seal Beach.
Recommendation: Receive presentation from Staff regarding the document.
Receive comments from the public and comments from the Board regarding
Initial Study /Negative Declaration 2010 -1. Receive and file Staff Report.
Staff Report
Mr. Whittenberg delivered the staff report on this item and noted that the comment
period will end on May 17, 2010, with the Planning Commission (PC) commencing
its public hearings on adoption of the Title 11 Zoning Code (ZC) on May 5th. Once
all comments are received, Staff will prepare a Response to Comments report, and
City Council will schedule public hearings to consider adoption of the Title 11 ZC,
as well adoption of Initial Study /Negative Declaration 2010 -1.
Board Comments
Member Navarro referred to Page 58 of Negative Declaration 2010 -1 and inquired
about the zoning number designations, like RHD 20. Mr. Whittenberg explained
that the designations relate to the number of housing units per acre of land that
can be built in that particular zone.
Member Cummings asked if Administrative Use Permits could be appealed to the
Planning Commission. Mr. Whittenberg affirmed that this was possible and
explained the Administrative Use Permit process and the appeal process, noting
that City Council would be the ultimate appellate body.
Member Hurley noted a correction to the Table of Contents of the Part I of the Draft
Title 11 Zoning Code.
Chairperson Voce referred to Part IV, Section 11.4.05.060- (B)(11) on Page 30, and
noted it appears that fumes, odors, and smoke are classified as "public nuisances,"
and asked that if based upon this he could file a public nuisance complaint with the
City for such nuisances. Mr. Whittenberg clarified that this Section relates 5 -1
specifically to impacts from home occupations. Chairperson Voce inquired
whether the new Zoning Code could include restrictions on wood burning in
residential fireplaces or outdoor fire pits.
a,
City of Seal Beach 16
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
Public Meeting 5:
City of Seal Beach
Meeting Minutes,
Continued)
Environmental Quality Control Board
March 26, 2008 (Minute Excerpt
Member Barton referred to Section 11.4.05.135 on Vacation Rentals on Page 69 of
Negative Declaration 2010 -1 and questioned how licensing is to be handled. She
also requested clarification on the maximum allowable building heights for
residential districts in Seal Beach.
City of Seal Beach 17
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
5 -2
} 5 -3
Responses to Public Meeting 5
City of Seal Beach Environmental Quality Control Board Meeting Minutes,
April 28, 2010
5 -1 The Zoning Code would not be the appropriate portion of the Municipal
Code to place any desired regulations regarding the use of wood burning
fireplaces or outdoor fire pits. If such regulations were to be contemplated
in the future, it would most appropriate to place those type of regulations in
Title 7, Public Peace, Morals, & Welfare. The City Council would need to
give direction regarding any further consideration of this type of a regulation,
as there may be pre - emption factors due to the regulatory authorities
granted to the South Coast Air Quality Management District.
5 -2 Business licensing of vacation rentals is currently handled the same as for a
motel or hotel pursuant to Municipal Code Section 5.10.025.A.31.
5 -3 The residential height limits are set forth in Table 11.2.05.015 and in Section
11.2.05.015. H. The height limits are 25 -feet for the RLD -9, RLD -15, and
RHD -20 Districts. These areas include Old Town, Bridgeport, the
Hill /Coves, College park East and College Park West. The RMD -18 District
allows 25 feet in height for the front'/ of a lot and 35 feet for the rear Y2 of
the lot. The only area in the City that will be zoned RMD -18 upon adoption
of the new Zoning Code and accompanying Zoning Map is the Old Ranch
Townhomes across from Old Ranch Country Club on Lampson Avenue.
The RHD -33 and RHD -46 Districts have a 35 -foot height limit. These areas
include the Riverbeach Condominiums, Seal Beach Trailer Park, and
Oakwood Apartments between First Street and the San Gabriel River
southerly of Pacific Coast Highway, and the townhome developments along
Montecito Road adjacent to The Shops at Rossmoor commercial
development.
There are special provisions regarding Surfside, which allows for a basic 35-
foot height limit and additional projections up to 7 -feet above the height limit
for specified types of architectural projections, including covered access to a
roof deck.
City of Seal Beach 18
Negative Declaration 2010 -1
Adoption of New Title 11 — Zoning
Seal Beach Municipal Code
Responses to Comments
ATTACHMENT 3
RESOLUTION NO. 6005, A RESOLUTION
OF THE SEAL BEACH CITY COUNCIL
ADOPTING NEGATIVE DECLARATION
2010 -1 IN CONNECTION WITH THE
ADOPTION OF SEAL BEACH MUNICIPAL
CODE TITLE 11 (ZONING CODE
RESOLUTION NUMBER 6005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA ADOPTING NEGATIVE DECLARATION
2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL
BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City has proposed revising the City's Zoning Code
( "Project ") to reflect the most appropriate and best available development
regulations and standards to meet the desires of the community regarding
development within the City. Such a comprehensive revision effort has not been
undertaken within the community since 1974. The proposed Title 11, Zoning,
does not change standards for basic lot size, density and building intensity,
setback, lot coverage, height, parking, and sign regulations of the current zoning
Code. There are minor changes to allowable and discretionary land uses within
the City, such a news stands, kiosks, artist's studios, catering services, and
handicraft/custom manufacturing uses. New provisions related to a number of
mass and bulk issues are proposed, such as porches, additional building
stepbacks for structures more than 14 feet high, use of compatible material and
design elements for building additions, and other design and aesthetic matters of
concern to the City. In addition an "Administrative Use Permit" approval process
is proposed which would allow the Director of Development Services to review
and approve several types of discretionary land use approvals that are currently
reviewed and approved by the Planning Commission.
Section 2. The Project has been environmentally reviewed pursuant to
the provisions of the California Environmental Quality Act (Public Resources Code
Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an
initial study pursuant to State CEQA Guideline § 15025 (a). Based on the
information contained in the initial study, the City staff determined that there was no
substantial evidence, in light of the whole record before the City, that approval of
the Project may have a significant environmental impact. Accordingly, staff
prepared a Draft Negative Declaration ( "Negative Declaration ") in accordance with
Section 15070 of the State CEQA Guidelines. Notice of the preparation of the
Negative Declaration was posted for the period of April 15 through May 17, 2010.
The City received comments on the proposed Initial Study /Negative Declaration
from:
❑ State of California Office of Planning and Research, May 18, 2010;
❑ State of California Coastal Commission, May 17, 2010;
❑ State of California Department of Transportation, District 12, May 6,
2010;
❑ State of California Native American Heritage Commission, May 6,
2010; and
❑ City of Seal Beach Environmental Quality Control Board, Minutes of
April 28, 2010.
Section 3. City Staff has prepared written responses to all comments on
the Initial Study /Negative Declaration, and provided the responses to the City
Council.
Section 4. The City's Planning Commission reviewed the Initial
Study /Negative Declaration on May 5, 2010, in conjunction with a public hearing on
the Project and neither received public comments nor provided Commission
comments. The City's Environmental Quality Control Board ( "EQCB ") reviewed the
subject Initial Study /Negative Declaration on April 28, 2010. No public comments
were received at that time. The EQCB provided comments. City staff has
responded to the EQCB's comments.
Resolution Number 6005
Section 5. Pursuant to Section 15074(b) of the State CEQA Guidelines,
the City Council independently reviewed and considered the contents of the Initial
Study and the Negative Declaration prior to deciding whether to approve the
Project. Based on the Initial Study, the Negative Declaration, the comments
received thereon, the responses to the comments, the Staff Report dated June 14,
2010, additional public comments, and the whole record before the City Council,
the City Council hereby finds that the Negative Declaration prepared for the Project
reflects the independent judgment and analysis of the City Council and that there is
no substantial evidence that the approval of the Project may have any significant
environmental impact. The City has addressed each of the stated concerns within
the Initial Study /Negative Declaration document. Moreover, although CEQA
does not require responses to comments made concerning a negative
declaration, the City responded in writing to comments received. The documents
and other materials which constitute the record on which this decision is based, are
on file with the Department of Development Services, 211 Eighth Street, Seal
Beach. The custodian of said records is the Director of Development Services.
Section 6. Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the Council hereby finds:
1. There is no substantial evidence in the record that would support a
fair argument that approval of the project might have a significant
environmental impact.
2. There has been no evidence presented that the Negative Declaration
has been "substantially revised" so as to require recirculation under
the California Environmental Quality Act.
Section 7. Based upon the foregoing, and based upon substantial
evidence in the record before the City Council, the Council hereby adopts Negative
Declaration 2010 -1, Adoption of New Zoning Code Title 11 — Seal Beach
Municipal Code, and determines that approval of this project involves no potential
for adverse effects, either individually or cumulatively, on wildlife resources and
will not have an adverse impact on fish and wildlife.
Section 8. The foregoing findings are based on substantial evidence in
the record, including without limitation, the draft Negative Declaration 2010 -1, staff
reports and both oral and written testimony. The documents that comprise the
record of the proceedings are on file with the Department of Development Services,
211 Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
Section 9. The Council hereby instructs the Director of Development
Services to file appropriate documentation with the State of California and the
County of Orange.
(Intentionally Left Blank)
Resolution Number 6005
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 14th day of June , 2010 by the
following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6005 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 14th day of June , 2010.
City Clerk
ATTACHMENT 4
DRAFT TITLE 11 ZONING, FEBRUARY 2010
HEREBY INCORPORATED BY
REFERENCE AND NOT INCLUDED DUE TO
LENGTH. A COMPLETE COPY IS
AVAILABLE ON THE CITY'S WEBSITE AT
www.cl.sealbeach.ca.us.
ATTACHMENT 5
PLANNING COMMISSION RESOLUTION
NUMBER 10 -22, RECOMMENDING TO THE
CITY COUNCIL AN AMENDMENT TO THE
SEAL BEACH MUNICIPAL CODE BY
REPEALING CHAPTER 28, ZONING, AND
ADOPTING A NEW TITLE 11 (ZONING
CODE)
RESOLUTION NUMBER 10 -22
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
AMENDING THE SEAL BEACH MUNICIPAL CODE
BY DELETING CHAPTER 28, ZONING, IN ITS
ENTIRETY AND ADOPTING A NEW TITLE 11,
ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. The City held a total of twelve Community Information
Meetings regarding the proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010" between March 1, 2010 and March 31, 2010 at which approximately
100 persons attended.
Section 2. A joint City Council and Planning Commission Study Session
was conducted on April 12, 2010 where additional City Council, Planning Commission,
and public comments were received, and where staff was directed to proceed with the
appropriate public hearings to consider the proposed "Seal Beach Municipal Code Draft
Title 11: Zoning, February 2010."
Section 3. Pursuant to 14 Calif. Code of Regs. § 15305, staff has
prepared Initial Study /Negative Declaration 2010 -1 evaluating the environmental
impacts of the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February
2010." The Draft Initial Study /Negative Declaration 2010 -1 was circulated for public
comment starting on April 15, 2010 and ending on May 17, 2010. The Notice of Intent
to Adopt was published and contained the dates and times of the Planning Commission
public hearing.
Section 4. A noticed public hearing was held by the Planning
Commission on May 5, 2010 to consider the proposed "Seal Beach Municipal Code
Draft Title 11: Zoning, February 2010 ".
Section 5. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
Section 6. Based upon the facts contained in the record, including
those stated in Section 1 through Section 5 of this resolution and pursuant to §§ 28-
2600 of the City's Code, the Planning Commission makes the following findings:
(a) The proposed "Seal Beach Municipal Code Draft Title
11: Zoning, February 2010" is a complete revision of the City's Zoning Code and is
1 of 3
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
intended to reflect the most appropriate and best available development regulations and
standards to meet the desires of the community regarding future development within the
City. Such a comprehensive revision effort has not been undertaken within the
community since 1974. As such, there are significant changes from both procedural
and development regulation standards incorporated into the proposed Zoning Code that
do not currently exist in the present Zoning Code.
(b) The proposed Title 11, Zoning, does not change
standards for basic lot size, density and building intensity, setback, lot coverage, height,
parking, and sign regulations of the current zoning Code. There are minor changes to
allowable and discretionary land uses within the City, such as news stands, kiosks,
artist's studios, catering services, and handicraft/custom manufacturing uses. New
provisions related to a number of mass and bulk related issues are proposed, such as
porches, additional building stepbacks for structures more than 14 feet high, use of
compatible material and design elements for building additions, and other design and
aesthetic matters of concern to the City.
(c) An "Administrative Use Permit" approval process is
proposed which would allow the Director of Development Services to review and
approve several types of discretionary land use approvals that are currently reviewed
and approved by the Planning Commission.
(d) Based on the public testimony received, and
additional recommendation from the Commission and City staff, additional revisions are
determined to be appropriate to proposed "Seal Beach Municipal Code Draft Title 11:
Zoning, February 2010," and are set forth in "Exhibit A" attached hereto.
(e) Said proposed "Seal Beach Municipal Code Draft Title
11: Zoning, February 2010," and the recommended additional revisions set forth in "Exhibit
A" are consistent with the adopted General Plan of the City.
Section 7.- Based upon the foregoing, the Planning Commission hereby
recommends adoption of Title 11: Zoning to the City Council as set forth in "Seal Beach
Municipal Code Draft Title 11: Zoning, February 2010" and on file in the Office of the
City Clerk, with recommended revisions as indicated on "Exhibit A ", attached hereto and
made a part hereof.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 5t' day of May 2010 by the following vote:
2 of 3
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
AYES: Commissioners Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
G Mark Persico,—ATCP
Secretary, Planning Commission
3of3
Ellery Deaton
Chairperson, Planning Commission
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
001"0. MAN
The Planning Commission recommends the following amendments based on further
review and receiving input from the public information meetings and at the Planning
Commission Public Hearing:
(Note: Text to be added is. indicated by bold and double - underline and text to be
deleted is indicated by )
Part I: General Provisions
1. Record of Interpretations: Section 11.1.10.015.C.3:
Revise Section 1.1. 1. 10.01 5.C.3 to read as follows:
"3. Record of Interpretations. Official interpretations shall be:
a. Written, and shall quote the provisions of the Zoning
Code being interpreted, and the applicability in the particular or
general circumstances that caused the need for interpretations, and
the determination; and
b. Distributed to the Council, Commission, City Manager,
City Attorney, City Clerk, and Department staff within 3 days of
issuina such written interpretation."
(See Part I, page 9 for current language)
Part II: Base District Regulations
2. Table 11.2.05.010: Use Regulations — Residential Districts — Revise to read
as follows:
TABLE 11.2.05.010 (Continued)
USE REGULATIONS — RESIDENTIAL DISTRICTS
RLD
I RMD
I RHD
I Additional Regulations
Transportation, Communication, and Utility Use Types
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission
PC
PC
PC
Towers
P
P
P
Satellite dishes less than 39"
in diameter
4 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
(See Part II page 5 for current language)
3. Table 11.2.05.015, Development Standards for Residential Districts:
Clarify language in Table 11.2.05.015, Development Standards for
Residential Districts, to add the clarifier "(E)" to the following development
standard for the RLD -15 District to indicate that there are additional
specific standards regarding the various Tracts in Bridgeport, depending
on which tract a property is located in:
❑ Minimum Floor Area (sq. ft.) — Primary Dwelling Unit; revise to read
111,200 UE "
❑ Maximum Height (ft.); revise to read "25 LEI"
❑ Projections; revise to read "Yes UE "
❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes
UE "; and
❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes
LEI»
(See Part II, pages 7 through 12 for current language)
4. Non - Habitable Architectural Features: Section 11.2.05.015.A, Standards for
Surfside:
Add a new subsection 11.2.05.015.A.6: Non - Habitable Architectural Features
to read:
"6. Non-Habitable_ Architectural Features.
a Non - habitable architectural features, such as spires,
towers, cupolas, belfries, monuments. parapets (not required by
Uniform Building Code), domes and covered access to open roof
decks may exceed the height limit established_ pursuant to
Section 11.2.05.015.A.3 a maximum of 7 feet if granted pursuant
to the procedures contained in this section.
b Permit Requirement Administrative Use Permit
approval pursuant to Chapter 11.5.20: Development Permits is
required for all non - habitable architectural features above the
established heiaht limit.
C. Considerations for Approval of an Administrative
Use Permit. In making the findings required for the a_ pproval
of an Administrative Use Permit pursuant to Chapter 11.5.20:
5 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
Development Permits, the following additional issues shall
also be considered.
i. Whether such variation is appropriate for the
architectural style of the building.
(a) Whether all roofing materials of a covered
stairwell to an open roof deck are in conformity
with the roofina materials of the remainder of the structure.
(b) Whether a covered stairwell to an open roof
deck is located along peripheral exterior walls of the structure.
(c) Whether a covered stairwell to an open
roof deck is limited to the minimum area, both horizontally and
vertically, necessary to cover the stairwell.
ii. Whether such variation is appropriate for the
character and integrity of the neighborhood.
iii. Whether such variation sianificantly impairs
the primary view from any property located within 300 feet.
iv. Detailed and complete plans for the proposed
work."
(See Part II, page 15 for current language)
Revise existing Section 11.2.05.015.A.6: General Requirements to new
section 11.2.05.015.A.7.
(See Part II page 15 for current language)
Delete Section 11.2.05.015.J.3: Projections above the Height Limit, in its
entirety.
(See Part II, page 25 for current language)
Revise Table 11.5.20.010: Review Authority to add AUP item regarding
subsection 11.2.05.015.A.6: Non - Habitable Architectural Features, and revise
other AUP references regarding Surfside to read as follows:
TABLE 11.5.20.010 (Continued)
REVIEW AUTHORITY
Chapter 11.2.05 — Residential Districts ( Continued)
6 of 27
Use Permit Required
Land Use Entitlement or
Activity
Requirement is in
Section:
Administrative
Use Permit
Conditional
Use Permit
Surfside — non - habitable
S 11.2.05.015.A.6
X
—
architectural features
6 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
Surfside — zero side yard
§ 11.2.05.015.A.7.c
X
Surfside — nonconforming
building expansion
& 11.2.05.015.A.7.a
X
Any conforming revisions to cross - references to these sections will also be
made.
5. Projections: Section 11.2.05.015.J
Revise Section 11.2.05.015.J by deleting subsection 3, Projections above the
Height Limit in its entirety, and renumbering subsection 4, Projections — RLD-
15 District, and subsection 5, Projections — RHD -20 District to new
subsections 3 and 4, respectively.
(See Part II, pages 25 -26 for current language)
6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.P
Revise Section 11.2.05.015.P to read as follows:
"P. Additional Front Setback Above 14 Feet. Any portion of the
building above 14 feet that exceeds 70% of the maximum front building
width 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. P: Front Stepback Above 14 Feet."
(See Part Il, page 28 for current language)
7. Required Garage Exception — Surfside: new subsection 11.2.05.015.U.6.
Add new subsection 11.2.05.015.U.6, Required Garage Exception — Surfside,
to read as follows:
"6 Required Garage Exception — Surfside The number of
garage parking spaces required pursuant to Table 11.4.20.015.A:
Reguired Parking, for single -unit dwellings in the Surfside District
shall be reduced by one space for single -unit dwellings of 6
bedrooms or more if the subject property provides a minimum
clear area of 9 feet by 22 feet between the private street properly
line and the face of a two -car garage equipped with a roll -up door
to accommodate vehicles."
(See Part II, page 36 for current language)
8. Required Garage Exception — RHD -20 District: new subsection
11.2.05.015.U.7.
7 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
Add new subsection 11.2.05.015.U.7, Required Garage Exception — RHD -20
District, to read as follows:
7. Required Garage Exception — RHD -20 District. The
number of garage parking spaces required pursuant to Table
11.4.20.015.A: Required Parking, for single -unit dwellings in the
RHD -20 District shall be reduced by one space for single -unit
dwellinas of 6 bedrooms or more if the subject property provides
a minimum clear area of 9 feet by 22 feet between the alley
property line and the face of a two -car garage equipped with a
roll -up door to accommodate vehicles."
(See Part 11, page 36 for current language)
Re -letter existing subsection 11.2.05.015.U.6, Location of Parking for Multi -
Unit Dwellings, to new subsection 11.2.05.015.U.8.
(See Part II, page 37 for current language)
Revise Table 11.4.20.015.A: Required Parking, to include the following
language in "Additional Regulations" for Single Unit Dwelling:
"See also Section 11.2.05.015.U.6: Required Garage Excevtion —
Surfside."
"See also Section 11.2.05.015.U.7: Required Garage Excevtion —
RHD -20 District."
(See Part IV, page 101 for current language)
Revise Table 11.5.20.010: Review Authority regarding "Exception to allowable
parking locations — multi -unit residential' to indicate " 11.2.05.015.U.8 ".
(See Part V, page 37 for current language).
9. Table 11.2.15.010: Use Regulations — Commercial and Mixed Use Districts —
Revise to read as follows:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/
PO
MSSP
SC
GC
Additional
RMD
Regulations
Transportation, Communication and Utility Use Types
Wireless Communication
See Chapter 11.4.70:
Facilities
Wireless
Telecommunications
8of27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
(See Part II page 48 for current language)
10. Massage Land Uses: Chapter 11.2.10: Base District Regulations -
Commercial and Mixed -Use Districts.
Establish a definition for "Spa" and "Day Spa" in Title 11, and require a
Conditional Use Permit for Spa, Day Spa, and Massage establishments.
a. Revise Table 11.2.10.010, Use Regulations - Commercial and Mixed
Use Districts, as indicated below:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/
PO
MSSP
Facilities
Antennae and Transmission
Additional
RMD
Towers
PC
RC
PC
PC
PC
P
See Chapter
Day Sp- a/Spa
-
P
C
Satellite dishes less than
C
45. Massaae
79" in diameter
(See Part II page 48 for current language)
10. Massage Land Uses: Chapter 11.2.10: Base District Regulations -
Commercial and Mixed -Use Districts.
Establish a definition for "Spa" and "Day Spa" in Title 11, and require a
Conditional Use Permit for Spa, Day Spa, and Massage establishments.
a. Revise Table 11.2.10.010, Use Regulations - Commercial and Mixed
Use Districts, as indicated below:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/
PO
MSSP
SC
GC
Additional
RMD
Regulations
Commercial Use Types (Continued)
See Chapter
Day Sp- a/Spa
-
_
C
C
C
45. Massaae
Establishments
Massaae
See Chanter
6,46, Massaae
Establishments
Personal Improvement Services
P
P
P
P
P
Massaae.
See Chanter
Accessory
A
A
A
A
A
5.45, Massage
Establishments
Personal Services
P
P
P
P
P
sa
See Chapter
Accessory
A
A
A
A
A
45. Massaae
Establishments
(See Part II, page 45 through 49 for current language)
b. Part IV: Section 11.4.85.025, Commercial Use Classifications:
1. Revise "Personal Improvement Services" to read as follows:
9of27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
"U. Personal Improvement Services. Provision of
instructional services or related facilities, including
photography; fine arts; crafts; dance or music studios;
driving schools; business and trade schools; diet centers,
reducing salons, € single - purpose fitness studios such
as yoga studios or aerobics studios. This classification is
intended for more small -scale storefront locations and is
distinguishable from small -scale commercial recreation uses
that tend to occupy larger sites and generate more noise.
This classification does not include massaae except as
an accessory use.
1. Massage, Accessory. A use where massages
occur as an accessory to a Personal Improvement
Services use, either permanently or temporarily. and
the area where the massage occurs occupies less than
20 percent of the gross floor area of the principal
Personal Improvement Services use."
(See Part IV, page 286 for current language)
2. Revise "Personal Services" to read as follows:
"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 agents.
This classification does not include massage except as
an accessory use.
1. Massage, Accessory. A use where massages
occur as an accessory to a Personal Services use
either permanently or temporarily, and the area where
the massaae occurs occupies less than 20 percent of
the cross floor area of the principal Personal Services
se."
(See Part IV, page 286 for current language)
C. Part VI: Section 11.6.05.010 — Definitions of Specialized Terms and
Phrases
Add the following definitions in the appropriate sub - sections:
"Day -S-pa": a spa offering a variety of professionally administered
spa services to clients on a day -use basis.
10 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
"Massage ": see Title 5: Business Licenses and Reaulations.
Section 5.45.005.G for the definition of massage.
"Massage Accessoik': a use where massages occur either
permanently_ or temporarily, and the area where the massage
occurs encompasses less than 20 percent of the gross floor area
of the principal use.
"Massage Estabhshmenf'• see Title 5• Business Licenses and
Reaulations. Section 5.45.005.1-1 for the definition of massage
establishment.
"Spa": An establishment that offers patrons professionally
administered cosmetic, therapeutic or relaxation services
includina but not limited to relaxation therapy, hydrotherapy,
body wraps, exfoliation electrolysis, body waxing6
aromatherapy, and facial treatments. The establishment may
also offer incidental light nourishment or refreshment for
patrons. This use does not include barber shops, beauty
shops, or nail salons.
d. Revise Part IV: Table 11.4.20.015.A.1: Required Parking, to read as
follows:
TABLE 11.4.20.015.A.1 (Continued)
REQUIRED PARKING
Use Classification
Required Off-Street
Parking Spaces
Additional
Regulations
Commercial Use Types (Continued)
Day Spa /Spa
1 space per 300 square
feet.
Massage Establishment
1 space per 300 square
feet.
Massage. Acce
1 space per 300 square
Le—et.
(See Part IV, pages 106 -108 for current language)
Conforming Amendments to Title 5 re: Massage:
The following amendment would be required in Title 5, § 5.45,035.B.11:
11 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
"11. The applicant has obtained a conditional use permit
or administrative use permit pursuant to Title 11: Zoning
11. Projections: Section 11.2.10.015.R
Revise Section 11.2.10.015.R by deleting subsection 2, Allowed Projections
above Height Limit in its entirety.
(See Part II, pages 75 -76 for current language)
12. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction
Districts — Revise to read as follows:
12 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
TABLE 11.2.15.010 (Continued)
USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION
DISTRICTS
I RG
LM
I OE
Additional Regulations
Transportation, Communication and Utility Use Types
Wireless Communication
See Chapter 11.4.70: Wireless
Telecommunications Facilities
See Chapter 11.4.70: Wireless
Facilities
Telecommunications Facilities
Antennae and Transmission
P C
R C
Towers
=
_
P
P
Satellite dishes less than 79"
in diameter
(See Part II page 79 for current language)
13. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities
Districts — Revise to read as follows:
TABLE 11.2.20.010 (Continued)
USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS
PS
I RG
I Additional Regulations
Transportation, Communication, and Utility Use Types
Communication Facilities
C
—
C
—
See Chapter 11.4.70: Wireless
Telecommunications Facilities
(See Part 11 page 90 for current language)
14. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts —
Revise to read as follows:
TABLE 11.2.25.015 (Continued).
USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS
OS - N I OS - PR I Additional Regulations
Transportation, Communication, and Utility Use Types
13 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
TABLE 11.2.25.015 (Continued)
USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS
OS - N
OS - PR
Additional Regulations
Communication Facilities
C
See Chapter 11.4.70:
_
=
Wireless Telecommunications
Facilities
(See Part II page 96 for current language)
Part III: Overlay District Regulations
15. General Provisions —Section 11.3.05.015.8
Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below:
"B. Overlay Zone Use. The uses specified in Section 11.3.05.010.13 are
permitted in the Residential Conservation Overlay District subject to
compliance with the following standards:
1.
Structure Qualifications. A residential structure may qualify for such
use if it meets either of the following standards:
a. Is a 'residential structure constructed prior to
1925.
k Is a residential structure that has been
reconstructed to replicate a previously existing residential structure
that was constructed prior to 1925 on the same lot.
32. Minimum Lot Size. The subject property shall have a
minimum
lot size of 5,000 square
ee .
63. Owner /Operator Requirement.
(All remaining sub - sections renumbered accordingly)
14 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
(See Part III, pages 4 -5 for current language)
Part IV: Regulations Applying in Some or All Districts
16. Allowable Incidental Business Activities — Section 11.4.05.010.D.1.d:
Revise subsection 11.4.05.010.D.1.d to read as follows:
"Live, unamplified tableside entertainment performed by no
more than 2 individuals (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"
(See Part IV, page 9 for current language)
17. Child Day Care Facilities — Section 11.4.05.045
Revise subsection 11.4.05.045, Child Day Care Facilities, to read as follows:
"§ 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
of licensing by the California State Department of Social Services.,
Community Care Licensing.
A. Permit Requirement. Conditional Use Permit approval
pursuant to Chapter 11.5.20: Development Permits 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
15 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
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 aboll inah-de
ins
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Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
445. 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.
Q6. Wall Requirements — Outdoor Play Area. A 7 6 -foot
high, solid fence or substantially - valent barrier shall be required to
separate the outdoor play area of a larg family day care home from adjacent
residential properties. The fence shall be provided pursuant to Chapter
11.4.30: Landscaping and Buffer Yards.
mqrn
is g;�
447. 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.
17 of 27
0 00-1110
.-
■
-
-
--
17 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
-
-- - - - - -- - - --
•
-
- -
--- - -- - --
-- -- - -
- -- - - - - -
- - -
lip■
-
-- - - - - -- - - --
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."
(See Part IV, pages 23 -26 for current language)
18. Sound and Music: Outdoor Dining, Display, and Sales Standards - Outdoor
Dining and Seating Areas - Section 11.4.05.090.D:
Revise subsection 11.4.05.090.D.6, Amplified Sound and Music, to read as
follows:
"6. Sound and Music. Un- amplified sound and music
that is limited to no more than 1 entertainer is permitted within an
outdoor dinina or seating area upon approval of an
Administrative Use Permit or Conditional Use Permit pursuant to
Chapter 11.5.20, Development Permits. Amplified sound and music
is prohibited within an outdoor dining or seating area unless
approved by a Conditional Use Permit pursuant to Chapter 11.5.20,
Development Permits.
(See Part IV, page 44 for current language)
Revise Table 11.5.20.010, Review Authority, to reflect the above revision, as
follows:
18 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
TABLE 11.5.20.010 (Continued)
REVIEW AUTHORITY
Chapter 11.4.05 — Standards for Specific Uses (Continued)
(See Part V, page 34 for current language)
19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses,
Structures, and Vehicle Parking — Garage Sales
Revise Subsection Section 11.4.05.100. B, Garage Sales, to read as follows:
"B. Garage Sales. Garage sales shall be limited to 2 4 per calendar
year per site, and a maximum of 2 days each following approval by the
City."
(See Part IV, page 47 for current language)
20. Mechanical Equipment Screening - Section 11.4.10.015
Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as
follows:
"§11.4.10.015 Mechanical Equipment Screening.
All mechanical and electrical equipment. _except solar
collectors, and antennas shall be screened or incorporated into
the building design so as not to be visible
��.A Iin OI": Qjmrporjon j:3{ =cj••i^ment. 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.
19 of 27
Use Permit Required
Land Use Entitlement or
Requirement is in
Administrative
Conditional
Activity
Section:
Use Permit
Use Permit
Outdoor Dining or Seatina
§ 11.4.05.090.D.6
X
X
Area — Sound an
Music
(See Part V, page 34 for current language)
19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses,
Structures, and Vehicle Parking — Garage Sales
Revise Subsection Section 11.4.05.100. B, Garage Sales, to read as follows:
"B. Garage Sales. Garage sales shall be limited to 2 4 per calendar
year per site, and a maximum of 2 days each following approval by the
City."
(See Part IV, page 47 for current language)
20. Mechanical Equipment Screening - Section 11.4.10.015
Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as
follows:
"§11.4.10.015 Mechanical Equipment Screening.
All mechanical and electrical equipment. _except solar
collectors, and antennas shall be screened or incorporated into
the building design so as not to be visible
��.A Iin OI": Qjmrporjon j:3{ =cj••i^ment. 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.
19 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
A Design Requirements. The screen shall exceed the
height of the equipment, shall not interfere with the operation
of the equipment, and shall utilize materials, colors, and
architectural style of screening materials that are
architecturally consistent with other on -site development and
without aivina the appearance of being added on.
B Exceptions Administrative Use Per
approval pursuant to Chapter 11.5.20: Development Permi ts. is
required for exceptions to the screening of mechanical
equipment where the screening enclosure may substantially
increase the visual mass of the roof line of a structure and
alternative treatment may be preferable."
(See Part IV, page 72 for current language)
21. Storm Drainage and Storm Water Runoff - Section 11.4.10.020.1-1
Revise Subsection 11.4.10.020.H.1, Prevention of Runoff, to read as follows:
"1. Prevention of Runoff.
a. Site grading shall be designed to prevent runoff onto
adjacent properties and to eliminate the impacts of runoff on all
structures on the site.
b On -site drainage systems.(j.e. roof drains._ downspout%
french drains, swales, etc 1 shall be designed and maintained to
prevent runoff onto adjacent properties."
(See Part IV, page 79 for current language)
20 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
22. Standards for Signs in Commercial, Mixed -Use, and other Non - Residential
Districts —Table 11.4.25.025.A
Revise Table 11.4.25.025.A, Standards for Signs in Commercial, Mixed -Use,
and other Non - Residential Districts, to read as follows:
TABLE 11.4.25.025.A (Continued)
STANDARDS FOR SIGNS IN COMMERCIAL, MIXED -USE, AND OTHER NON-
RESIDENTIAL DISTRICTS
Maximum
Maximum
Maximum
Area per
Maximum
Horizontal
Projection
Additional
Sign Type
Number
Individual
Height
from Wall
Regulations
(Subsection)
Permitted
Sign
or
Supporting
Structure
Portable A-
1 per
8 sq. ft
(6) LUO
Frame Sin
tenant/use
(See Part IV, page 140 for current language)
23. Portable A -Frame Signs - Section 11.4.025.C.6
Revise Subsection 11.4.25.025.C.6, Portable A -Frame Signs, to read as
follows:
"6. Portable A -Frame Signs. Portable A -Frame Signs shall
comply with the following standards:
j a. 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.
b Compliance with all provisions of the "City of Seal
Beach Standards for Portable A -Frame Sians."
(See Part IV page 142 for current language)
Please refer to Attachment A to review the Proposed "City of Seal Beach
Standards for Portable A -Frame Signs"
24. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10
21 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
Revise Subsection 11.4.25.025.C.10, Main Street Specific Plan District —
Additional Requirements, to add a new subsection "h" to read as follows:
"h. Portable A -Frame Sians. Portable A -Frame Sians shall
comply with the following standards:
a A Portable A -Frame Sian is only permitted where
buildina frontage is located within 10 feet of a public sidewalk.
b A Portable A -Frame Sian 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-.
C. Compliance with all provisions of the "City of Seal
Beach Standards for Portable A -Frame Sians."
Re -letter remaining subsections h, i, and j to new subsections i, j, and k,
respectively.
(See Part IV page 147 for current language)
25. Section 11.4.70.015.E — Revise to read as follows:
"E. Eaquipment cabinets or rooms to service
existina antennas when completely located inside of permitted structures;
and"
(See Part IV page 248 for current language)
26. Section 11.4.70.015. G. 1. a — Revise to read as follows:
"a. Satellite antennas 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."
(See Part IV page 248 for current language)
27. Section 11.4.70.015.G.1.b — Revise to read as follows:
"b. S tel Re Aantennas may be installed on, or attached to, any
existing building or other structure
so long as the height of the antenna measured from existing grade does
not exceed the permitted height in the a lica le
Base District Zone. 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."
(See Part IV page 248 for current language)
22 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
28. Section 11.4.70.015.G.2 — Revise to read as follows:
'2. Commercial, Public, and Semi - Public Districts.
a. A satellite d antenna 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. AR satellite 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. Satellite Antennas mounted on the roof of an existing
building and- uihieh
so long as the height of
the antenna measured from existina arade does not exceed the
permitted height in the Base District Zone."
(See Part IV page 249 for current language)
29. Section 11.4.70.020 — Revise to read as follows:
"§ 11.4.70.020 Submittal Requirements.
An Applicant shall file a written application for
a Conditional Use Permit with the Director in accordance 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:"
(See Part IV page 249 for current language)
30. Section 11.4.70.025 — Revise to read as follows:
"§ 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
23 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
wireless telecommunications facilities subject to the requirements of this
Chapter shall be located, developed, and operated in compliance with the
following standards unless the ' g 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:"
(See Part IV page 251 for current language)
31. Section 11.4.70.025.A.7 — Revise to read as follows:
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 Ghapte of the applicable Base District
Zone."
(See Part IV page 252 for current language)
32. Section 11.4.70.025.C.1 — Revise to read as follows:
911. A freestanding antenna or monopole shall not exceed the
height limit of the applicable Base District Zone in which the antenna
or monopole is located.
(See Part IV page 253 for current language)
33. Section 11.4.70.025.C.2 — Revise to read as follows:
612. Building- mounted wireless telecommunications facilities shall
i comply with the height requirements of the applicable Base
District Zone."
(See Part IV page 253 for current language)
34. Section 11.4.70.025.C.4 — Revise to read as follows:
"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 by the
24 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
applicable Base District Zone, if camouflaged as part of the structure
design."
(See Part IV page 253 for current language)
35. Section 11.4.70.025.1.4 — Revise to read as follows:
"4. When antennas are co- located, the € Planning
Commission may limit the number of antennas with related equipment to be
located at any 1 site by any provider to prevent negative visual impacts.
(See Part IV page 257 for current language)
36. Section 11.4.70.030 — Revise to read as follows:
"§ 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
Residential, Commercial, Semi - Public, or Public district subject to the
Director's determination of compliance with the applicable requirements of this
Chapter:
1.
Satellite antennas pursuant to the-gray
isions of Section 11.4.70.015.G.
2. A facility co- located on an existing legally established
monopole, utility tower, or support structure in any zoning district. provided
the followina conditions are met:
a. The existing facility on which the co- located
facility will be located: (i) was approved after January 1. 2007 by
discretionary permit: (ii) was approved subject to an environmental
impact report, negative declaration, or mitigated negative declaration:
and (iii) otherwise complies with the requirements of Government Code
Section 65850.6(b) for wireless telecommunications collocation
facilities.
b. The co- located facility does not increase the
heiaht or location of the existing permitted tower /structure, or otherwise
chance the bulk, size, or other physical attributes of the existing
permitted wireless communication facility.
4 3. Temporary wireless telecommunications facilities.
25 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
GB. Conditional Use Permit. All other wireless
telecommunications facilities, specifically including but not limited to any new
ground - mounted tower or monopole, and public safety communications
towers sixty -five (65) feet in height or less shall require the approval of a
Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits.
0C Minor Modifications. The Director 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."
(See Part IV page 259 for current language)
37. Section 11.4.70.035.A — Revise to read as follows:
"A. General Findings. The Planning Commission, or the P.. ,
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:"
(See Part IV page 259 for current language)
38. Section 11.4.70.035.13 — Revise to read as follows:
"13. 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 Planning Commission 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:"
(See Part IV page 260 for current language)
39. Section 11.4.70.035.0 — Revise to read as follows:
26 of 27
Planning Commission Resolution No. 10 -22
Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, In Its Entirety and
Adopting A New Title 11, Zoning
May 5, 2010
"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 Plannina Commission shall find that:
(See Part IV page 260 for current language)
40. Section 11.4.70.035.D — Revise to read as follows:
"D. Additional Findings for Setback Reductions. To approve a
reduction in setback, the Planning Commission shall make
one or more of the following findings:"
(See Part IV page 260 for current language)
41. Section 11.4.70.035.E — Revise to read as follows:
"E. Additional Findings for Any Other Exception to Standards.
The Planning Commission may waive or modify requirements of
this Chapter upon finding that strict compliance would result in noncompliance
with applicable federal or state law."
(See Part IV page 261 for current language)
42. Section 11.4.70.040.B — Revise to read as follows:
"B. Exercise of Permits. Any
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."
(See Part IV page 262 for current language)
Part VI: Definitions of Specialized Terms and Phrases:
43. "Extended Hour Business" definition be revised to read as follows:
"Extended Hour Business ": any business that is open to the public
between the hours of 12:01 a.m. and 6 a.m. See Section
11.4.05.055; Extended Hour Businesses in Chapter 11.4.05:
Standards for Specific Uses."
(See Part VI, page 23 for current language)
27 of 27
ATTACHMENT 6
PLANNING COMMISSION STAFF REPORT,
MAY 5, 2010
FILE L'
U
May 5, 2010
STAFF REPORT
To: Chairman and Members of the Planning Commission
From: Mark Persico, AICP
Director of Development Services
Subject: PUBLIC HEARING — ADOPTION OF NEW
ZONING CODE - TITLE 11: ZONING — SEAL
BEACH MUNICIPAL CODE
SUMMARY OF REQUEST:
Conduct Public Hearing by receiving Staff Report, public comments and Commission
discussion; consider the proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010" and public comments; and provide comments regarding Negative
Declaration 2010 -1. Close or continue the public hearing.
If the Commission determines to close the public hearing, take the following actions:
❑ Provide any comments regarding Initial Study /Negative Declaration 2010 -1, and
❑ Adopt Resolution Number 10 -22, A Resolution of the Planning Commission of
the City of Seal Beach Recommending to the City Council Amending the Seal
Beach Municipal Code by Deleting Chapter 28, Zoning, in its Entirety and
Adopting a New Title 11, Zoning. (Please refer to Attachment 2 to review the
Resolution)
This public hearing is to receive public testimony regarding the consideration of the
adoption of a new Zoning Code for the City of Seal Beach. The "Seal Beach Municipal
Code Draft Title 11: Zoning, February 2010" document is noted as Attachment 3 of the
Staff report, but not provided due to the length of the document. Copies have
previously been provided to the City Council and Planning Commission, and also were
made available at each library in the City, and at City Hall.
To review the proposed Title 11 Zoning Code, zoning maps, Negative Declaration
2010 -1, and other information documents regarding this matter go to the City's Web
\\Sbnas \Users\Iwhittenberg\My Documents\Zoning Code Revisions\Seal Beach Revisions\2010 Comprehensive Update\PC Staff
Report. 05-05-1 0.doc
.. S
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Stab Report
May 5, 2010
Page for viewing and download at www.ci.sealbeach.ca.us, and go to the "Headlines"
section and click on the "2010 Zoning Code Update ".
This public hearing is the culmination of a 4 month process by the City to complete a
comprehensive revision and update to the Zoning Code of the City. This effort has
been built upon the previous efforts of the City between 2007 and 2009 to adopt an
updated Zoning Code.
During the current period of time between the release of the February 2010 Draft Title
11 and now, the City has conducted a total of 12 Community Information Meetings, as
indicated below:
Community Information Meetings
Residential Neighborhood Meetings
❑ March 1, 2010: Old Town
❑ March 2, 2010: Surfside
❑ March 9, 2010: College Park East & West
❑ March 10, 2010: Leisure World
❑ March 24, 2010: Marina Hill and the Coves
❑ March 29, 2010: Old Town
❑ March 30, 2010: College Park East & West
❑ March 31, 2010: Old Town
Business Community Meetinas
❑ March 3, 2010: Old Town
❑ March 15, 2010: Old Ranch Towne
Center /Shops at Rossmoor
❑ March 16, 2010: Old Town
❑ March . 23, 2010: Seal Beach
Center /Seal Beach Village
The meetings were at various locations to allow maximum attendance by residents and
business owners. Approximately 100 people attended the meetings and shared their
opinions on the draft Code. Additionally, staff met with the Chamber of Commerce and
other interested parties to discuss their specific concerns.
SUMMARY OF "OVERARCHING ISSUES ":
Based on comments received during the 12 Community Information Meetings staff has
identified 5 "Overarching Issues" for consideration. by the Planning Commission, and
eventually the City Council, in considering the adoption of a new zoning code for the
City. Those identified "Overarching Issues" are:
1. The use of mass and bulk provisions in the Zoning Code;
PC Staff Report.05 -05-10 2
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, .2010
2. The impacts of the Zoning Code on commercial properties;
3. The impact of the Zoning Code on non - conforming structures;
4. The appropriateness of Administrative Use Permits versus Conditional
Use Permits; and
5. Miscellaneous concerns.
The April 12, 2010 "Joint Presentation City Council and Planning Commission Agenda
Staff Report" provides additional discussion regarding the "Overarching Issues,"
including
❑ "What Staff Heard" — a summary of the public comments received;
❑ "Background" discussion; and
❑ "Staff Response."
Attachment 4 of this Staff Report is a copy of the April 12, 2010 "Joint Presentation City
Council and Planning Commission Agenda Staff Report," which includes fuller
discussion of the above overarching issues.
At the joint study session on April 12, 2010 both City Councilmembers and Planning
Commissioners provided comments and concerns to Staff, and received additional
public comments.
OVERVIEW OF PROPOSED TITLE 11: ZONING
The Proposed Title 11: "Zoning" is a complete revision of the City's Zoning Code and is
intended to reflect the most appropriate and best available development regulations
and standards to meet the desires of the community regarding future development
within the City. Such a comprehensive revision effort has not been undertaken within
the community since 1974. As such, there are significant changes from both
procedural and development regulation standards incorporated into the proposed
Zoning Code that do not currently exist in the present Zoning Code.
The proposed Title 11, Zoning, does not change standards for basic lot size, density
and building intensity, setback, lot coverage, height, parking, and sign regulations of the
current zoning Code. There are minor changes to allowable and discretionary land
uses within the City, such as news stands, kiosks, artist's studios, catering services,
and handicraft/custom manufacturing uses. New provisions related to a number of
mass and bulk related issues are proposed, such as porches, additional building
stepbacks for structures more than 14 feet high, use of compatible material and design
elements for building additions, and other design and aesthetic matters of concern to
PC Staff Report.05 -05 -10 3
Public Hearing re: 'Draft - Tide 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
the City. In addition an "Administrative Use Permit" approval process is proposed which
would allow the Director of Development Services to review and approve several types
of discretionary land use approvals that are currently reviewed and approved by the
Planning Commission.
STAFF PROPOSED REVISIONS:
Staff is proposing a number of additional revisions for consideration during the public
hearings that are based on public comments provided during the Community
Information Meetings and during the April 12 Joint City Council /Planning Commission
Study Session. The public and Planning Commission should provide any additional
comments regarding these proposed revisions. An overview of these- additional
revisions to proposed Title 11 is provided as Attachment 1.
OVERVIEW SUMMARY: MAJOR PROVISIONS OF PROPOSED TITLE
11, ZONING
An "Overview Summary: Major Provisions of Proposed Title. 11, Zoning" has been
prepared and provided as Attachment 5. Additional copies will be available at the
public hearing for review by interested parties.
NEGATIVE DECLARATION 2010 -1:
Negative Declaration 2010 -1 has been prepared by City Staff and is in the required
public review and comment period of April 15 to May 17, 2010. The Environmental
Quality Control Board reviewed Negative Declaration 2010 -1 on April 28 and has
provided comments for future consideration by the City Council. The Planning
Commission and interested citizens may also provide comments on Negative
Declaration 2010 -1 this evening which will be forwarded to the City Council for
consideration during their public hearings.
The Negative Declaration was provided to the City Council, Environmental Quality
Control Board and Planning Commission on April 15. Copies of the Negative
Declaration will be available at the Planning Commission Public Hearing for interested
persons to review.
DOCUMENT AVAILABILITY:
Access the City of Seal Beach website, www.ci.sealbeach.ca.us and go to the
"Headlines" section and click on the "2010 Zoning Code Update" to review the proposed
PC Staff Report.05 -05-10 4
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
Title 11 Zoning Code, Negative Declaration 2010 -1, zoning . maps, and all other
information documents regarding this matter.
RECOMMENDATION:
Conduct Public Hearing by receiving Staff Report, public comments and Commission
discussion; consider the proposed "Seal Beach Municipal Code Draft Title •11: Zoning,
February 2010" and public comments; and provide comments regarding Negative
Declaration 2010 -1. Close or continue the public hearing.
If the Commission determines to close the public hearing, take the following actions:
❑ Provide any comments regarding Initial Study /Negative Declaration 2010 -1, and
❑ Adopt Resolution Number 10 -22, A Resolution of the Planning Commission of
the City of Seal Beach Recommending to the City Council Amending the Seal
Beach Municipal Code by Deleting Chapter 28, Zoning, in its Entirety and
Adopting a New Title 11, Zoning. (Please refer to Attachment 2 to review the
Resolution)
Mark Persico, AIC
Director of Development Services
Attachments: (5)
Attachment 1: Staff Proposed Revisions to February 2010 Draft Title 11:
Zoning
Attachment 2: Resolution Number 10 -22, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the
City Council Amending the Seal Beach Municipal Code by
Deleting Chapter 28, Zoning, in its Entirety and Adopting a
New Title 11, Zoning
Attachment 3: Seal Beach Municipal Code Draft Title 11: Zoning, February
2010 — Note: Previously provided and not included due to
length. Additional copies will be available at the public
hearing
Attachment 4: Joint Presentation City Council and Planning Commission
Agenda Staff Report, dated April 12, 2010
Attachment 5: Overview Summary: Major Provisions of Proposed Title 11,
Zoning
PC Staff Report.05 -05-10 rJ
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Page IntentionallyIeft Blank
PC Staff Report.05 -05 -10
Public Hearing re: "Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
ATTACHMENT 1
STAFF PROPOSED REVISIONS TO
FEBRUARY 2010 DRAFT TITLE 11: ZONING
PC Staff Report.05 -05-10 7
Public Hearing re: Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
Page Intentionally Left Blank
PC Staff Report.05 -05 -10
Public Hearing re: `Draft - Trtle 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
TITLE 11 REVISIONS
Provided below is a listing of various amendments to Title 1.1 that staff is recommending
based on further review and receiving input from the public information meetings:
(Note: Text-to be added is indicated by bold and double - underline and text to be deleted
is indicated by dewbie stAk
Part I: General Provisions
1. Record of Interpretations: Section 11.1.10.015.C.3:
Revise Section 11.1.10.015.C.3 to read as follows:
"3. Record of Interpretations. Official interpretations shall be:
a. Written, and shall quote the provisions of the Zoning- Code
being interpreted, and the applicability in the particular or general
circumstances that caused the need for interpretations, and the
determination; and
b. Distributed to the Council, Commission, City Manager, City
Attorney, City Clerk, and Department staff within 3 days of issuing such
written interpretation."
(See Part I, page 9 for current language)
Part II: Base District Regulations
2. Table 11.2.05.010: Use Regulations — Residential Districts — Revise to read as
follows:
Ms
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-: __ � •'�� -� � _- ;':TABLE= Coni ►nue ��1 = =�= = —= - �-�
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sU... ==r -_ - �:_—_ _ �__ i- �___��sL�- `— _���2��_ -�"`_s E��_?��e8-�` --� -�_ - - - —_ �= _ 'J�F -- -�•_Le e -� -_
—__ _ -_ - :"�r.T -, �_'b -l: _ .._. ��z.t;= _ .��__ _ __ -'le �.: - °_- -L-.__ -m- — ..- ..n1sT� ?_-� �•Ferg�}�� _��� _ _. -- ... �?� ' =_
--°== t1SE- REG. ULATION $=- RES.IDENTiALrDISTRICT'`-
:..:" .... _.. D::
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:..
Add it►anal:Regulafons: °'::
Trans: • - --
orta o o -
P... mmu• an ' tilt _:Use�T••�: _ �• ����v::<•:::::: �:;:: ;:;;::�;:.>:��.:::: >::;:�:�::.:
.. .... ..
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission Towers
PA,
P,A
PAC
C
ac
Facilities Within Buildings
P
P
P
PC Staff Report05 -05-10 9
Public Hearing re: `Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
(See Part II page 5 for current language)
3. Table 11.2.05.015, Development Standards for Residential Districts:
Clarify language in Table 11.2.05.015, Development Standards for Residential
Districts, to add the clarifier "(E)" to the following development standard for the
RLD -15 District to indicate that there are additional specific standards regarding
the various Tracts in Bridgeport, depending on which tract a property is located
in:
❑ Minimum Floor Area (sq. ft.) — Primary Dwelling* Unit, revise* to read 1,200
LEI"
❑ Maximum Height (ft.); revise to read "25 LEI"
❑ -Projections; revise to read "Yes UE "
❑ Minimum Common Open Space per Unit (sq_ ft.); revise to read "Yes LEI";
and
❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes LEI".
(See Part II, pages 7 through 12 for current language)
4. Non - Habitable Architectural Features: Section 11.2.05.015.A, Standards for
Surfside:
Add a new subsection 11.2.05.015.A.6: Non - Habitable Architectural Features to
read:
%. Non - Habitable Architectural Features
a Non - habitable architectural features such as spires towers
cupolas, belfries, monuments. parapets (not required by Uniform
Building-Code), domes and covered access to open roof decks may
exceed the height limit established pursuant to Section 11.2.05.015.A.3
a maximum of 7 feet if granted pursuant to the procedures contained in
this section.
b. Permit Requirement Administrative Use Permit approval
pursuant to Chapter - 11.5,20: Development Permits is required for all
non - habitable - architectural features above the established heigh
it
PC Staff Report.05-05 -10 10
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
C. Considerations for Approval of an Administrative Use
Permit. In making -the findings required for the approval of an
Administrative Use Permit pursuant to Chapter 11.5.20: Development
Permits. the followina additional issues shall also be considered._
i. Whether such variation is appropriate for the
architectural style of the building.
a) Whether all roofing materials of a covered stairwell
to an open roof deck are in substantial conformity with the roofing
materials of the remainder of the structure.
M Whether a covered stairwell to an open roof deck is
located along peripheral exterior walls of the structure.
c) Whether a covered stairwell to an open roof
deck is limited to the minimum area, both horizontally and vertically.
necessary to cover the stairwell.
'i. Whether such variation is appropriate for the
character and integrity of the neighborhood.
'ii. Whether such variation significantly impairs the
rimary view from any property located within 300 feet.
Detailed and complete plans for the proposed work."
(See Part 11, page 15 for current language)
5. Projections: Section 11.2.05.015.J
Revise Section 11.2.05.015.J by deleting subsection 3, Projections above the Height
Limit in its entirety, and renumbering subsection 4, Projections — RLD -15 District, and
subsection 5, Projections — RHD -20 District to new subsections 3 and 4,
respectively.
(See Part II, pages 25 -26 for current language)
6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.P
Revise Section 11.2.05.015.P to read as follows:
"P. Additional Front Setback Above 14 Feet. Any portion of the
building above 14 feet that exceeds 70% of the maximum front building
width 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.P: Front
Stepback Above 14 Feet."
(See Part II, page 28 for current language)
7. Required Garage Exception — Surfside: new subsection 11.2.05.015.U.6.
PC Staff Report05 -05-10 11
Public Hearing re: °Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Add new subsection 11.2.05.015.U.6, Required Garage Exception — Surfside, to
read as follows:
"6. Required Garage Exception — Surfside
The number of garage
narking spaces required .pursuant to Table
11.4.20.015.A:
Required
Parking, for single -unit dwellinas in the
Surfside District shad
he
reduced by one space for single -unit dwellings
of
6 bedrooms or more if
the subject property provides a minimum clear
area
of 9 feet by 22 feat
between the private street property line and the face
of a two -car garage
equipped with a roll -up door to accommodate vehicle-s."
(See Part II, page 36 for current language)
8. Required Garage Exception — RHD -20 District: new subsection 11.2.05.015.U.7.
Add new subsection 11.2.05.015.U.7, Required Garage Exception — RHD -20
District, to read as follows:
7. Required Garage Exception — RHD -20 District The number of
garage parking spaces required pursuant to Table 11.4.20.015.A:
Required ParkinM for single -unit dwellings in the RHD -20 District shall
be reduced by one space-for single -unit dwellings of 6 bedrooms or
more if the subject property provides a minimum clear area of 9 feet by
(See Part II, page 36 for current language)
Re -letter existing subsection 11.2.05.015.U.6 to new subsection 11.2.05.015.U.8.
9. Massage Land Uses: Chapter 11.2.10: Base District Regulations — Commercial and
Mixed -Use Districts.
Establish a definition for "Spa" and "Day Spa" in Title 11, and require a Conditional
Use Permit for Spa, Day Spa, and Massage establishments.
a. Revise Table 11.2.10.010, Use Regulations — Commercial and Mixed Use
Districts, as indicated below:
PC Staff Report.05 -05-10 12
Public Hearing re: "Draft - Tide 11: Zoning, February, 20 10°
Planning Commission Staff Report
May 5, 2010
_.
.: _`TABLE 1.1;2 :10.010 (C&Wriijed)::::.::::
"- 'COMMERCIAC- AND. MIXED -USE DISTRICTS
-..
= ;L�.;_:.'__
-
-
P O•:-�
_ -
:�MS SA-
- - Additional -�.
.re;.
- -- -
=' RMD.`''
_
�..Requlatioris•_�
-
c� A.-
Coinrrier ha1.Use_.T. es'.Continued = --
P
See Chapter
Day Spa /Spa
—
-
5.45. Massaae
Establishments
See Chapter
5.45. Massaae
Establishments
Personal Improvement
P
P
P
P
P
Services
Massag
See Chapter
Accessory
6
A
6
fl
A
5.45 Massage
Establishments
Personal Services
P
P
P
P
P
Massag e
See Chapter
Accessory
A
A
A
A
5.45, Massaae
Establishments
(See Part II, page 45 through 49 for current language)
b. Part IV: Section 11.4.85.025, Commercial Use Classifications:
1. Revise "Personal Improvement Services" to read as follows:
"U. Personal Improvement Services. Provision of
instructional services or related facilities, including photography;
fine arts; crafts; dance or music studios; driving schools; business
and trade schools; diet centers, reducing salons, € single -
purpose fitness studios such as yoga studios or aerobics studios.
This classification is intended for more small -scale storefront
locations and is distinguishable from small -scale commercial
recreation uses that tend to occupy larger sites and generate more
noise. This classification does not include massage except as
an accessory use.
PC Staff Report.05-05 -10 13
Public Hearing re: 'Draft - Title 11: Zoning, February, 2090"
Planning Commission Staff Report
May 5, 2010
ssage. Accessory. A use where massaaes occur as
an accessory to a personal improvement service use either
permanently or temporarily, and the area where the massage
occurs occupies less than 20 percent of the gross floor area
of the principal use."
(See Part IV, page 286 for current language)
2. Revise "Personal Services" to read as follows:
W. - 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 agents. This classification does not
include massage except as an accessory use
1 Massage, Accessory. A use where massages occur as
an accessory to a personal service use, either permanently or
temporarily. and the area where the massage occurs occupies
less than 20 percent of the gross floor area of the principal
M5*1»
(See Part IV, page 286 for current language)
C. Part VI: Section 11.6.05.010 — Definitions of Specialized Terms and Phrases
Add the following definitions in the appropriate sub - sections:
ertifred Massage Establishmenf: see Title 5• Business Licenses and
Regulations, Section 5.45.005.A for the definition of certified massage
establishment.
"Day Spa ": a spa offering a variety of professionally administered spa
services to clients on a day -use basis
" issage ": see Title 5: Business Licenses and Regulations Section
5.45.005.G for the definition of massage.
assage. Accessory": a use where massages occur either
permanently or temporarily. and the area where the massage occurs
encompasses less than 20 percent of the gross floor area of the
rincipaI use.
"Massage Establishment': see Title 5• Business Licenses and
e ulabons. Section 5.45.005.H for the definition. of massage
establishment
PC Staff Report.05 -05-10 14
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
"Spa ": a 121ace devoted to overall well -being through a variety of
Professional services that encourage the renewal of mind. body an
10. Projections: Section 11.2.10.015.R
Revise Section 11.2.10.015.R by deleting subsection 2, Allowed Projections above
Height Limit in its entirety.
(See Part II, pages 75 -76 for current language)
11. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction
Districts — Revise to read as follows:
'TABLE-1 1.2.15.0110,1
USE; REGULATIONS -= :LIGHT MANUFACTURING: AND -OIL ,EXTRACTION:.::: _.;_
:...... -
_... — _ - -�. ea_, -�: u.. v: _e.. 'v- . -'. ':.._] --:.•— i _ —_ _
- - __ - — — = - . -- -__- - -
- __- _ - - _ -__
:Tr - _arid_ Utli- . Use T'.- �e_ s__;-.`_=_ ���m�_.-_ � _`- ��_����`- T'��._::.� >�'�-_�•:
ans ortation _Communication:
__..,. _
Wireless Communication Facilities
See Chapter 11.4.70: Wire less
Telecommunications Facilities
Antennae and Transmission
Towers
P,�C
EAC
Facilities Within Buildings
P
P
(See Part I I page 79 for current language)
12. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts —
Revise to read as follows:
PC Staff Report.05 -05-10 15
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Communication Facilities I P• A• C I RC I See Chapter 11.4.70: Wireless
Telecommunications Facilities
(See Part it page 90 for current language)
13. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts — Revise to
read as follows:
Communication Facilities I - I C I See Chapter 11.4.70: Wireless
Telecommunications Facilities
(See Part II page 96 for current language)
Part III: Overlay District Regulations
14. General Provisions —Section 11.3.05.015.B
Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below:
"B. Overlay Zone Use. The uses specified in Section 11.3.05.010.6 are
permitted in the Residential Conservation Overlay District subject to compliance with
the following standards:
1.
e. Structure
Qualifications. A residential structure may qualify for such use if it meets
either of the following standards:
PC Staff Report.05 -05-10 16
Public Hearing re: Draft - Me 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
a. Is a residential structure constructed prior to 1925.
b. Is a residential structure that has been reconstructed to
replicate a previously existing residential structure was constructed prior
to 1925 on the same lot that.
32. Minimum Lot Size. The subject property shall have a minimum
minif ho Inco +h-ca d1313 foot in dont
lot size of 5.000 square feet.
Q. Owner /Operator Requirement
(All remaining sub - sections renumbered accordingly)
(See Part III, pages 4 -5 for current language)
Part IV: Regulations Applying in Some or All Districts
15. Allowable Incidental Business Activities — Section 11.4.05.010.D.1.d:
Revise subsection 11.4.05.010. D. 1.d to read as follows:
"Live, unamplified tableside entertainment performed by ® no more
than 2 individuals (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"
(See Part IV, page 9 for current language)
16. Child Day Care Facilities — Section 11.4.05.045
Revise subsection 11.4.05.045, Child Day Care Facilities, to read as follows:
"§ 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
PC Staff Report.05 -05 -10 17
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
provisions of this Zoning Code and icensina by the
California State Department of Social Services Community Care Licensing.
A. Permit Requirement. Conditional Use Permit approval pursuant
to Chapter 11.5.20: Development Permits 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.
PC Staff Report.05 -05-10 18
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
■
MRSIM 'V"
• - �-
..
446. 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.
Q65. Wall Requirements — Outdoor Play Area. A ;6 -foot high,
solid fence shall be required to separate the outdoor play area of a large family day
care home from adjacent residential properties. The fence shall be provided
pursuant to Chapter 11.4.30: Landscaping and Buffer Yards.
PC Staff Report.05 -05-10 19
Public Hearing re: Drab - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
447. 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.
M-MM
_
_
M.
-
M-MM
_
_
-
0 M- -0 W M-
ON
-- - - -� - - - -- - -- -
_ - -_
- - -
- -- - -
- - - -
-
M-MM
_
_
-
0 M- -0 W M-
- _ -_ - ---- ---
_ - -_
- - -
- -- - -
- - - -
-
- --
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- -
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---- -
- --
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-- �-
--- - - -
-- - - --
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-
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..
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."
(See Part IV, pages 23 -26 for current language)
PC Staff Report.05 -05-10 20
Public Hearing re: Draft - Tide 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
17. Sound and Music: Outdoor Dining, Display, and Sales Standards - Outdoor Dining
and Seating Areas - Section 11.4.05.090. D:
Revise subsection 11.4.05.090.D.6, Amplified Sound and Music, to read as follows:
"6. Sound and Music. Un- amplified sound and music that is
limited to no more than 1 entertainer is permitted within an outdoor
inina or seating area upon approval of an Administrative Use Permit or
Conditional Use Permit pursuant to Chapter 11.5.20. Development
ef—m ts. Amplified sound and music is prohibited within an outdoor
dining or seating area unless approved by a Conditional Use Permit
pursuant to Chapter 11.5.20, Development Permits.
(See Part IV, page 44 for current language)
18. Garage Sales - Section 11.4.05.100.6 – Residential Accessory Uses, Structures,
and Vehicle Parking – Garage Sales
Revise Subsection Section 11.4.05.100.6, Garage Sales, to read as follows: -
"B. Garage Sales. Garage sales shall be limited to 2 4 per calendar year per
site, and a maximum of 2 days each following approval by the City."
(See Part IV, page 47 for current language)
19. Mechanical Equipment Screening - Section 11.4.10.015
Revise Section 11.4.10.015, Mechanical'Equipment Screening, to read as follows:
"§ 11.4.10.015 Mechanical Equipment Screening.
All mechanical and electrical equipment, except solar collectors,
and antennas shall be screened or incorporated into the building design
so as not to be visible
€ t. 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.
PC Staff Report. 05-05-10 21
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
A. Design Requirements
The screen shall
exceed the
height
of the equipment. shall
not interfere with
the operation
of the
equipment, and shall utilize
materials colors
and architectural
style
of screening materials that are architecturally
consistent with other
on -site development and
without giving the
appearance
o_f being
added on.
may substantially
increase
the visual
B. Exceptions.
Administrative Use
Permit
approval
pursuant
to Chapter
11.5.20: Development
Permits.. is required
for
exceptions
to
the screening A mechanical
equipment
where
the
aargantocL
enclosure
may substantially
increase
the visual
mass of
the roof
line
of a
structure and alternative
treatment
may be
preferable."
(See Part IV, page 72 for current language)
20. Storm Drainage and Storm Water Runoff - Section 11.4.10.020.H
Revise Subsection 11.4.10.020.H.1, Prevention of Runoff, to read as follows:
1. Prevention of Runoff.
a Site grading shall be designed to prevent runoff onto adjacent
properties and to eliminate the impacts of runoff on all structures on the site.
. On -site drainage systems.(i.e. roof drains, downspouts
french drains, swales, etc.) shall be designed and maintained to prevent
unoff onto adjacent properties "
(See Part 1V, page 79 for current language)
PC Staff Report.05 -05-10 22
Public Hearing re: `Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
21. Standards for Signs in Commercial, Mixed =Use,, and other Non - Residential Districts
—Table 11.4.25.025.A
Revise Table 11.4.25.025.A, Standards for Signs in Commercial, Mixed -Use, and
other Non - Residential Districts, to read as follows:
(See Part IV, page 140 for current language)
22. Portable A -Frame Signs - Section 11.4.025.C.6
Revise Subsection 11.4.25.025.C.6, Portable A -Frame Signs, to read as follows:
"6. Portable A -Frame Signs. Portable A -Frame Signs shall comply with
the following standards:
ba. 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.
b. Compliance with all provisions of the "City of Seal Beach
Standards for Portable A -Frame Signs "
(See Part IV page 142 for current language)
Please refer to Attachment A to review the Proposed "City of Seal Beach Standards
for Portable A -Frame Signs"
PC Staff Report.05 -05-10 23
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
23. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10
Revise Subsection 11.4.25.025.C.10, Main Street Specific Plan District —
Additional Requirements, to add a new subsection "h" to read as follows:
"h. Portable A -Frame Signs Portable A -Frame Signs shall comply
with the following standards-,
a A Portable A -Frame Sign is only permitted where buildina
frontage is located within 10 feet of a public sidewalk.
and shall- not be located on public property
C. Compliance with all provisions of the "City of S_e_a__1_ Beach
Standards for Portable A -Frame Signs,"
Re -letter remaining subsections h, i, and j to new subsections i, j, and k, respectively.
(See Part IV page 147 for current language)
24. Section 11.4.70.015.0 — Revise to read as follows:
"C. Emergency services radio_, including public safety communications
towers 65 feet in height or less."
(See Part IV page 248 for current language)
25. Section 11.4.70.015.G.1.b — Revise to read as follows:
"b. Antennas may be installed on, or attached to, any existing building
or other structure so long as the height of
the antenna measured from existing grade does not exceed the permitted height
in the distFiet applicable Base District Zone. 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."
(See Part IV page 248 for current language)
26. Section 11.4.70.015.G.2.c — Revise to read as follows:
"c. Antennas mounted on the roof of an existing building
so Iona as the height of the antenna measured
from existing grade does not exceed the permitted hei t i the Base
District Zone."
PC Staff Report.05-05 -10 24
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
(See Part IV page 249 for current language)
27. Section 11.4.70.025.A.7 — Revise to read as follows:
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 Ghapte of
the applicable Base District Zone."
(See Part IV page 252 for current language)
28. Section 11.4.70.025.C.1 — Revise to read as follows:
911. A freestanding antenna or monopole shall not exceed the height limit
of the applicable Base District Zone in which the antenna or monopole is
located.
(See Part IV page 253 for current language)
29. Section 11.4.70.025.C.2 — Revise to read as follows:
"2. Building- mounted wireless telecommunications facilities shall fiet
: comply
with the height requirements of the applicable Base District Zone."
(See Part IV page 253 for current language)
30. Section 11.4.70.025.C.4 — 'Revise to read as follows:
"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 Ghaptef by the applicable Base Distric
Zone, if camouflaged as part of the structure design."
(See Part IV page 253 for current language)
31. , Section 11.4.70.030.A.3 — Revise by deleting sub - section 3 which currently reads as
follows and renumbering current subsection A.4 to A.3:
(See Part IV page 259 for current language)
PC Staff Report.05 -05-10 25
Public Hearing re: `Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Part VI: Definitions of Specialized Terms and Phrases:
32. -"Extended Hour Business" definition be revised to read as follows:
"Extended Hour Business ": any business that is open to the public between
the hours of 12:01 a.m. and 6 a.m. See Section 11.4.05.055;
Extended Hour Businesses in Chapter 11.4.05: Standards for Specific Uses."
(See Part VI, page 23 for current language)
PC Staff Report.05 -05-10 26
Public Hearing re: "Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
ATTACHMENT
PROPOSED "CITY 'OF SEAL
STANDARDS FOR PORTABLE
SIGNS" .
PC Staff Report.05 -05-10 27
BEACH
A -FRAME
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Page Intentionally Left Blank
PC Staff Report.05 -05-10 28
Public Hearing re: "Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
PROPOSED
CITY OF SEAL BEACH STANDARDS FOR
PORTABLE A -FRAME SIGNS
Purpose. Portable A -Frame Signs may only:
a. Identify the store, indicate that it is open, and its hours of business;
b. Display restaurant menus and daily specials; or
C. Advertise sales and special deals or services.
2. Size and Stability. Portable A -Frame Signs shall have a maximum height of 4
feet, a minimum height of 2 feet, and a maximum width of 3 feet. Signs shall have a
maximum footprint of 2' -0" x 3' -0'. Signs shall be stable, braced as necessary to
prevent collapse or toppling.
3. Number. Only 1 Portable A -Frame Sign shall be allowed for a specific building
and business; provided, that, for any building where more than one business occupies
a common building frontage area, 1 Portable A -Frame Sign only, for a particular
business may be permitted for every-25 linear feet of building frontage area.
4. Spacing:. There shall be at least 25 feet between Portable A -Frame Signs.
5. Concentration. No more than 6 Portable A -Frame Signs shall be located on
any block face of Main Street between Pacific Coast Highway and Ocean Avenue at
any one time. No more than 2 Portable A -Frame Signs shall be located on any block
face of the northerly side of Ocean Avenue and each side of Central Avenue, and the
southerly side of Electric Avenue, between Main Street and the adjoining alleys at any
one time.
6. Design and Materials. Portable A -Frame Signs should be hand - crafted in
appearance, the graphics shall be professional in quality and designed in an attractive
manner and maintained in a neat, orderly fashion to present an image of quality and
creativity for the commercial area. Portable A -Frame Signs shall be made with durable
material(s), such as medium density overlay plywood painted with enamel paint,
stainless or other weather able steel, laminate plastic, slate chalkboard, or marker
board. A natural wood 1' x 2' frame is strongly encouraged. The sign shall continue to
the ground and the bottom 2 inches of the sign shall have strong contrast with the
pavement below for detection by those that are visually impaired. No glass, breakable
materials or attached illumination shall be allowed.
PC Staff Report.05 -05 -10 29
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
The sign shall have no sharp edges, or corners. All( surfaces shall be smooth and free
of protruding tacks, nails and wires. All parts, portions, and materials of a sign shall be
kept in good repair. The display surface shall be kept clean, neatly painted, and free
from rust, corrosion and graffiti. Any cracked or broken surfaces, missing sign copy, or
other poorly maintained or damaged portion of a sign shall be repaired, replaced or
removed.
7. Hours of Display. Portable A -Frame Signs shall be displayed only during the
business hours of the business advertised and shall be removed entirely from the public
rights -of -way at all other times.
8. Permit Duration. No Temporary A -Frame Sign Permit or Encroachment Permit
shall be issued for a period exceeding 20 days. Not more than 3 permits shall be
issued to the same business location in any calendar year.
9. Damaged or Disrepaired Signs. Portable A -Frame Signs shall be removed
immediately if such sign shall become damaged, in disrepair, faded or otherwise fail to
conform to the standards and specifications set forth herein or in the terms of the
required Temporary A -Frame Sign Permit or Encroachment Permit.
r��. I
PC Staff Report.05 -05-10 30
Public Hearing re: "Draft - Tide 11: Zoning, February, 2010'
Planning Commission Staff Report
May 5, 2010
ATTACHMENT 2
RESOLUTION NUMBER 10 -22, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL -BEACH RECOMMENDING TO THE
CITY COUNCIL AMENDING THE SEAL BEACH
MUNICIPAL CODE BY. DELETING CHAPTER 28,
ZONING, IN ITS ENTIRETY AND ADOPTING A
NEW TITLE 11, ZONING
PC Staff Report.05 -05-10 31
Public Hearing re: Draft - Title 11
Planning
Page Intentionally Left Blank
PC Staff Report.05 -05 -10 32
Zoning, February, 2010°
Commission Staff Report
May 5, 2010
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
RESOLUTION NUMBER 10 -22
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
AMENDING THE SEAL BEACH MUNICIPAL
CODE BY DELETING CHAPTER 28, ZONING, IN
ITS ENTIRETY AND ADOPTING A NEW TITLE 11,
ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. The City held a total of twelve Community Information
Meetings regarding the proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February'2010" between March 1, 2010 and March 31, 2010 at which approximately
100 persons attended.
Section 2. A .joint City Council and Planning Commission Study
Session -was conducted on April 12, 2010 where additional City Council, Planning
Commission, and public comments were received, and where staff was directed to
proceed with the appropriate public hearings to consider the proposed "Seal Beach
Municipal Code Draft Title 11: Zoning, February 2010."
Section 3. Pursuant to 14 Calif. Code of Regs. § 15305, staff has
prepared Initial Study /Negative Declaration 2010 -1 evaluating the environmental
impacts of the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February
2010." The Draft Initial Study /Negative Declaration 2010 -1 was circulated for public
comment starting on April 15, 2010 and ending on May 17, 2010. The Notice of Intent
to Adopt was published and contained the dates and times of the Planning Commission
public hearing.
Section 4. A noticed public hearing was held by the Planning
Commission on May 5, 2010 to consider the proposed "Seal Beach Municipal Code
Draft Title 11: Zoning, February 2010 ".
Section 5. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
PC Staff Report.05 -05-10 33
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
Section 6. Based upon the facts contained in the record, including
those stated in Section 1 through Section 5 of this resolution and pursuant to §§ 28-
2600 of the City's Code, the Planning Commission makes the following findings:
A. The proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010" is a complete revision of the City's Zoning Code and is intended to
reflect the most appropriate and best available development regulations and standards
to meet the desires of the community regarding future development within the City.
Such a comprehensive revision effort has not been undertaken within the community
since 1974. As such, there are significant changes from both procedural and
development regulation standards. incorporated into the proposed Zoning Code that do
not currently exist in the present Zoning Code.
B. The proposed Title 11, Zoning, does not change standards for
basic lot size, density and building intensity, setback, lot coverage, height, parking, and
sign regulations of the current zoning Code. There are minor changes to allowable and
discretionary land uses within the City, such. as news stands, kiosks, artist's studios,
catering services, and handicraft/custom manufacturing uses. New provisions related
to a number of mass and bulk related issues are proposed, such as porches, additional
building stepbacks for structures more than 14 feet high, use of compatible material and
design elements for building additions, and other design and aesthetic matters of
concern to the City.
C. An "Administrative Use Permit" approval process is proposed which
would allow the Director of Development Services to review and approve several types
of discretionary land use approvals that are currently reviewed and approved by the
Planning Commission.
D. Based on the public testimony received, and additional
recommendation from the Commission and City staff, additional revisions are
determined to be appropriate to proposed "Seal Beach Municipal Code Draft Title 11:
Zoning, February 2010," and are set forth in "Exhibit A" attached hereto.
E. Said proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010," and the recommended additional revisions set forth in "Exhibit A" are
consistent with the adopted General Plan of the City.
Section 7. Based upon the foregoing, the Planning Commission hereby
recommends adoption of Title 11: Zoning to the City Council as set forth in "Seal Beach
Municipal Code Draft Title 11: Zoning, February 2010" and on file in the Office of the
PC Staff Report.05 -05-10 34
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
City Clerk, with recommended revisions as indicated on "Exhibit A ", attached hereto
and made a part hereof.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2010, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Ellery Deaton
Chairperson of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
PC Staff Report.05-05 -10 35
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
"EXHIBIT A"
(REVISIONS WILL BE INSERTED INTO "EXHIBIT A" AS
DETERMINED BY COMMISSION UPON CONCLUSION -OF
PUBLIC HEARINGS)
PC Staff Report.05 -05 -10 36
Public Hearing re: Drab -Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
ATTACHMENT 3
SEAL BEACH MUNICIPAL CODE DRAFT TITLE
11: ZONING, FEBRUARY 2010 — NOTE:
PREVIOUSLY PROVIDED AND NOT INCLUDED
DUE TO LENGTH. ADDITIONAL COPIES WILL
BE AVAILABLE AT THE PUBLIC HEARING
COPIES ARE ALSO AVAILABLE AT EACH
LIBRARY IN THE CITY, AT CITY HALL, AND IS
POSTED ON THE CITY'S WEB PAGE FOR
VIEWING. AND DOWNLOAD AT
www.d. seal beach. ca.us, AND GO TO THE
"HEADLINES" SECTION AND CLICK ON THE
"2010 ZONING CODE UPDATE"
PC Staff Report.05-05 -10 37
Public Hearing re Draft - Tile 11: Zoning, February, 20 10'
Planning Commission Staff Report
May 5, 2010
Page Intentionally Left Blank
PC Staff Report.05 -05 -10 38
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
ATTACHMENT 4
JOINT PRESENTATION CITY COUNCIL AND
PLANNING COMMISSION AGENDA STAFF
REPORT, DATED APRIL 12, 2010
PC Staff Report.05 -05 -10 39
Public Hearing re: "Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
Page Intentionally Left Blank
PC Staff Report.05 -05 -10 40
JOINT PRESENTATION
CITY COUNCIL AND PLANNING COMMISSION
AGENDA STAFF REPORT
DATE: April 12, 2010
TO: Honorable Mayor and City Council and
Members of the Planning Commission
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: 2010 COMPREHENSIVE UPDATE TO THE ZONING CODE
(TITLE 11)
SUMMARY OF REQUEST:
Staff is seeking policy direction and feedback from the City Council and Planning
Commission regarding the 2010 Comprehensive Update to the Zoning Code (Title
11). Staff is also seeking concurrence on the draft public hearing schedule.
BACKGROUND:
The Development Services Department recently concluded the first phase of the
public outreach process for the 2010 Comprehensive Update to the Zoning
Ordinance (Title 11). During the month of March the Department hosted a series of
twelve community meetings (eight for residents and four for business owners) in
order to gather feedback on the draft Zoning Code. The meetings were on various
days and at various locations to allow maximum attendance by residents and
business owners. Approximately 100 people attended the meetings and shared their
opinions on the draft Code. Additionally, staff met with the Chamber of Commerce
and other interested parties to discuss their specific concerns.
FACTS AND ANALYSIS:
At the community meetings staff presented an overview of the Code and recorded
comments from. attendees. Over the course of the meetings we recorded-over 50
comments that have been summarized into five overarching issues:
1. The use of mass and bulk provisions in the Zoning Code;
2. The impacts of the Zoning Code on commercial properties;
Page 2
3. The impact of the Zoning Code on non - conforming structures;
4. The appropriateness of Administrative Use Permits versus Conditional
Use Permits; and
5. Miscellaneous concerns.
The following sections contain a list of the - comments, background related to the
issue, staff's response and a request for guidance.
Issue 1. Mass and bulk provisions in the Zoning Code.
What Staff Heard:
1. Architectural Standards are included within the Zoning Code.
2. Define what is meant by "canyon effect"
3. Articulation on second floor is too much on the side yard.
3. Should have different standards for different lot depths.
4. Additional stepback above 14 feet; provide better definition and
example.
5. Additional front setback above 14 feet; define "width," not "elevation."
6. Side yard setback of 10% of lot width is arbitrary.
7. RLD -9 District — fagade articulation is too restrictive.
8. Why are there provisions regarding "Windows and Trim"
9. Desire to have architectural variations for multiple homes built
builder /developer. -
10. Agree with 75% maximum for second floor in the RLD -9 District.
11. Additions to the front of the house — can they be line with the garage
12. Window and door trim requirements.
Background:
graphic
by one
The City has been trying to address the issues of the mass and bulk on new projects
for several years. During preparation of the Zoning Code staff reviewed approximately
40 zoning codes, focusing primarily on codes for local communities located along a
coastal environment and subject to similar development pressures. Staff also had two
architects that are familiar with developing in Seal Beach 'review the proposed
residential development standards. Both architects provided invaluable insight into the
applicability and enforceability of many of the residential development standards. Many
of their suggestions have been incorporated into the draft Code.
The 2007 version of Title 11 included standards for floor area ratio, building
envelope, and numerous other design requirements. Based upon feedback at the
time, those provisions were deemed too intrusive on property rights. Accordingly,
those provisions -have been removed from the 2010 version of the Code. During the
recent community meetings staff received both positive comments and concerns
regarding these types of provisions.
Page 3
Staff Response:
The "canyon affect" is defined as houses or other structures which are too large and
too close together thereby creating a canyon -like feel. Staff believes the currently
proposed provisions do not unduly limit the design freedom of a property owner or
architect. But the provisions will ensure development that is consistent with the
existing community.
Specific Code provisions addressing Mass and Bulk Issues:
Residential Districts:
u Increased Minimum Rear Yard Setback for 2nd Story — RLD -9 District;
a 75% Ratio of Second Floor to First Floor — RLD -9 District;
s Fagade Articulation — Lots Greater than 25 Feet in Width;
• Additional Front Setback Above 14 Feet;
S Additional Side Setback or Stepback Above 14 Feet; and
• Additional Offset for Garage Facing Street.
Commercial and Mixed -Use Districts:
Building Design Features, which include;
Variety in Wall Plane;
Variety in Roof Forms;
Variety in Height of Different Massing Elements;
Modules Articulated by Change in Plane, Color, or Materials; and
Fagade Design incorporates Architectural Detail.
Blank Walls;
Light Manufacturing and Oil Extraction Districts:
Building Design Features, which include;
Variety in Wall Plane;
Variety in Height of Different Massing Elements; and
Modules Articulated by Change in Plane, Color, or Materials.
Issue 2. The impacts of the Zoning Code on commercial properties
What Staff Heard:
1. Building transition requirements between residential and commercial need to
be further explained.
2. How does the new code affect existing shopping centers.
3. What are the City's long -term parking solutions.
4. Allow for one musician without an amplifier inside a business.
5. Requirements for commercial recycling should be imposed. Make sure the
City franchisee will pick up recyclables.
5. The Zoning Code should be "business friendly."
6. Change in *parking requirements as they apply to existing businesses.
Page 4
7. Allow one A -frame sign per business location subject to specified provisions
regarding location and other provisions.
Background:
The draft Code includes several provisions that 'assist business owners and
operators. The following provisions are considered by staff to be the most important
for encouraging new business uses within the community:
o Allowing some uses to be approved through the Administrative Use Permit
process, rather than the Conditional Use Permit process, which can result in a
significant reduction in approval time;
O Allowing the utilization of temporary "A- frame" signs on business properties
subject to certain standards;
u Allowing for the temporary and- permanent outdoor display of goods for sale
subject to certain standards;
• Allowing for certain types of incidental business activities, including un-
amplified live entertainment by a single individual; and
a Allowing several new uses within the various commercial zones that are not
currently permitted, such as;
o Artists' Studios
o Kiosks
o Catering Services
o Handicraft/custom manufacturing
ID Further, the proposed changes in parking standards will not affect existing
business uses. Additionally, we anticipate a review of the "Main Street Specific
Plan" in -mid -to -late 2010, and that review may also include a review of the
various parking requirements for that specific area of the City.
Staff Response:
The draft Code is business friendly and strikes a balance between economic
development and a high - quality residential community. The proposed commercial
provisions ensure that new commercial development and business operations are
consistent with the current types of development in the community. The issue of long-
term parking mostly pertains to the Main Street/Old Town area. Those issues will be
addressed as part of the Main Street Specific Plan update, which staff hopes to begin
by the fall of this year.
Issue 3. The impact'of the Zoning Code on nonconforming structures
What Staff Heard:
1. What are the thresholds for allowable additions to nonconforming structures?
2. Allow for minor additions to non - conforming structures
3. How is the reconstruction of a damaged structure addressed (fire, flood, etc.)?
Page 5
Background:
Historically, the City's Zoning Code allowed for limited additions to non - conforming
structures with the recognition that buildings need to adopt as the building occupants'
needs changed. Many cities allow for minor additions of 10 -15% to nonconforming
structures. However, the need to adapt buildings to current needs also must be
balanced with the City's desire to abate nonconforming structures.
The Zoning Code sets forth provisions regarding "Nonconforming Uses, Structures,
and Lots" in Chapter 11.4.40. With the exception of some very specific provisions
regarding additions to nonconforming structures, the draft Code does not allow
additions to most nonconforming structures. However, additions to non - conforming
single - family homes may be approved subject to a Conditional Use Permit.
Any nonconforming structure damaged less than 50% of its replacement cost may be
restored to its previous condition. If'the replacement cost exceeds 50 %, the structure
may be replaced subject to an Administrative Use Permit.
Staff Response:
The draft Code largely maintains current City regulations regarding nonconforming
uses, but there are a few exceptions:
Requires an Administrative Use Permit for certain structural repairs to
nonconforming structures;
Allows for structural alterations and/or certain types of additions to residences
that would become nonconforming due to noncompliance with new fagade
articulation and front stepback above 14 feet height provisions to be approved
by Conditional Use Permit;
Allows for certain types of replacement of nonconforming uses of property with
a more conforming use of property and specified types of expansions of
nonconforming uses by Conditional Use Permit;
Allows for Conditional Use Permit approval to re- establish an abandoned
nonconforming use within 12 months.
Issue 4. The appropriateness of Administrative Use Permits versus
Conditional Use Permits.
What Staff Heard:
1. The Administrative Use Permit process vests too much power with Director of
Development Services.
2. Conditional Use Permit should be required for group housing.
3. What are the requirements for "Granny Flats "?
Page 6
Background:
The concept for Administrative Use Permits has been included as part of Title 11
since February 2007. The Planning Commission spent -many hours reviewing the
provisions and determining which specific discretionary actions should be considered
by the Director versus the Planning Commission. The Planning Commission gave
specific direction to staff in June 2007 and again in March 2008.
The main purpose of the "Administrative Use Permit" process is to expedite the public
notification and review of land use permits including minor accessory structures and
uses which are deemed to have low impact on the community. Under the
Administrative Use process a 300 -foot notification is provided (which is the same as
conditional use permits), and there is an appeal process to the Planning Commission
and ultimately the City Council..
Because the State of California has a stated interest in promoting certain uses, the
provisions for granny flats (or second units) and group homes and day care are
largely dictated by the State.
Staff Response:
Staff believes the Administrative Use Permit process as discussed by the Planning
Commission in 2007 and 2008 is still viable and should remain as is in the draft
Code. Provisions of the new Code for second units, group homes, day care and
similar uses comply with State law.
Issue 5. Miscellaneous issues.
Bridgeport — Zero lot lines.
All three tracts that comprise the Bridgeport neighborhood — Tracts 6345, 6346 and
9814 were approved pursuant to "Precise Plans" which require the lots of have a zero
side yard setback. The recorded CC &Rs contain many other provisions regarding the
specific development standards for each tract. Most of these provisions are
incorporated into the draft Code.
Do the CC &Rs expire in Bridgeport?
The CC &Rs run with the land and are valid for 30 years plus automatic 10 year
extensions, unless the owners all vote to repeal the CC &Rs. For Tract 6345 the initial
expiration date was May 1998. For Tract 6346 the original expiration date was
December 1998, and for Tract 9814 will expire in December 2014. Additionally, all 3
tracts also have provisions for an "architectural review committee," which remain in
effect.
Page 7
Private open space requirements should be based on lot size
The proposed open space standards do vary by lot size. In the RLD -9 District the
minimum lot size is 5,000 square feet and the proposed minimum open space is 800
square feet, or 16% of the lot area. In the RHD -20 District the minimum lot size is
2,500 square feet and the minimum open space is 225 square feet, or 9% of the lot
area.
There are also separate open space requirements for multi - family developments in
the RMD -18, RHD -20, RHD -33, and RHD -46 districts. For new residential
developments in these districts a minimum of 200 square feet of private open space
per housing unit, plus the common open space requirement.
Garaqe Sales.
The draft Code establishes a maximum of 2 garage sales per year. But based upon .
community feedback staff is suggesting that the maximum number be set at 4 garage
sales per calendar year.
How does the conversion of bonus rooms into bedrooms effect parkinq
requirements?
If a bonus room is converted to a bedroom the parking requirements would be
applicable. As proposed, a remodeled residence that would contain up to 5
bedrooms would require 2 parking spaces, 6 bedrooms would require 3 spaces and 7
bedrooms would require 4 spaces. But the draft Code includes an "exception" that
would allow a double -wide driveway to count for 1 of the required parking spaces.
Provisions for cell phone towers and the impacts on human health
The issue of human health effects is regulated the Federal Communications
Commission ( "FCC "). The FCC establishes regulations limiting human exposure to
radiofrequency (RF) electromagnetic fields. The limits are designed to protect the
public health and the FCC's rules regarding RF limits have been upheld by a Federal
Court of Appeals.
New cell phone towers require a conditional use permit under the current Code and
the draft Code. But staff is suggesting setting limits on the height of cell towers in
parks (PLU /R zone) and to allow towers in Old Ranch Country Club (R -G zone). Cell
towers in parks will require review and approval from the Recreation and Parks
Commission and the Planning Commission.
NEXT STEPS:
Staff is proposing to start the environmental review and public hearing processes
immediately after this meeting. Below is an outline of the dates and review bodies
involved.
Page 8
April 13, 2010,— 30 day public comment period for the Negative Declaration
begins.
April 28, 2010, 6:30 PM — The EnvirQnmental Quality Control Board holds a public
meeting to receive comments regarding the Negative Declaration.
May 5, 2010, 7:30 PM - The Planning Commission conducts the first public
hearing on the draft Title 11, and provides comments regarding the Negative
Declaration.
u May 13, 2010 — Public Comment Period on Negative Declaration ends.
May 19, 2010, 7:30 PM — The Planning Commission conducts the second public
hearing"and makes a final set of recommendations on the draft Title 11 to the City
Council.
June 14, 2010, 7:00 PM — The City Council conducts the first public hearing on the
draft Title 11 and Negative Declaration.
p June 28, 2010, 7:00 PM — The City Council conducts the second and final public
hearing on Title 11 and adopts the Negative Declaration.
These dates are tentative and subject to change based upon the need for additional
hearings before the Planning Commission or City Council. The public will be formally
notified through the newspaper, postings and the City web site of the exact date and
time of meetings.
FINANCIAL IMPACT:
There is the cost of codifying and printing the updated version of the Zoning Code.
Staff estimates the cost to be not more than $3,000.
RECOMMENDATION:
That the City Council and Planning Commission provide policy direction to staff and
concur with the draft schedule as outlined above.
SUBMITTED BY:
Mark Persico, AICP
Director of Development Services
Lee Whittenberg, Consultant
NOTED AND APPROVED:
David Carmany
City Manager
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010°
Planning Commission Staff Report
May 5, 2010
ATTACHMENT 5
OVERVIEW SUMMARY: MAJOR PROVISIONS
OF PROPOSED TITLE 11, ZONING
PC Staff Report.05 -05-10 41
Public Hearing re: Draft - Title 11
Planning
Page Intentionally Left Blank
PC Staff Report.05 -05 -10 42
Zoning, February, 2010"
Commission Staff Report
May 5, 2010
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report.
May 5, 2010
OVERVIEW SUMMARY
MAJOR PROVISIONS OF PROPOSED
TITLE 11: ZONING CODE
The Proposed Title 11: "Zoning" is a complete revision of the Cit/s Zoning Code and is
intended to reflect the most appropriate and best available development regulations and
standards to meet the desires of the community regarding future development within the
City. Such a comprehensive revision effort has not been undertaken within the community
since 1974. As such, there are significant changes from both procedural and development
regulation standards incorporated into the proposed Zoning Code that.do not currently exist
in the present Zoning Code.
The proposed Title 11, Zoning, does not change standards for basic lot size, density and
building intensity, setback, lot coverage, height, parking, and sign regulations of the current
zoning Code. There are minor changes to allowable and discretionary land uses within the
City, such as news stands, kiosks, artist's studios, catering services, and handicraft/custom
manufacturing uses. New provisions related to a number of mass and bulk related issues
are proposed, such as porches, additional building stepbacks for structures more than 14
feet high, use of compatible material and design elements for building additions, and other
design and aesthetic matters of concern to the City. In addition an "Administrative Use
Permit' approval process is proposed which would allow the ' Director of Development
Services to review and approve several types of discretionary land use approvals that are
currently reviewed and approved by the Planning Commission.
The major provisions of the "Zoning Code" are summarized below:
PART I: GENERAL PROVISIONS:
❑ Section 11.1.05.025.F: Application During Local Emergency — includes new
language that authorizes the City Council to authorize deviations by resolution during
declared local emergencies.
❑ Table 11.1.05.030: Zoning Districts — renames all current zoning district names to
better correlate with the "General Plan" land use designations. For residential
districts the new district designations indicate the number of residential units allowed
per net acre of land, not land area required per housing unit, as does the current
Zoning Code.
❑ Chapter 11.1.15: Rules of Measurement - provides clear direction as to how
measurements referenced in the Zoning Code are to be calculated.
❑ Section 11.1.15.030.6: Measuring Lot Depth — establishes new methodology
for irregular shaped lots.
PC Staff Report.05 -05 -10 43
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
❑ Section 11.1.15.040: Determining Average Front Setback — RHD 20 District
— provides additional clarification as to how to calculate. Reflects long- standing
practice of the City.
PART II: BASE DISTRICT REGULATIONS:
❑ Chapter 11.2.05: Residential Districts — combines all residential
development standards into one Chapter of the Zoning Code.
❑ Table 11.2.05.010: Use Regulations — Residential Districts — provides
summary of major land uses allowed in each zoning district, whether by right,
Administrative Use Permit, or Conditional Use Permit, and provides cross
references to other Zoning Code provisions regarding those uses. Maintains
current lot size, density, setbacks, height, and lot coverage standards.
• Table 11.2.05.015: Development Standards for Residential Districts —
provides summary of major development standards for each zoning district, and
provides cross references to other Zoning Code provisions regarding those
development standards.
❑ Ratio of 2nd Story Building Area to 1st Story Building Area — standards
are only proposed for the RLD -9 and RMD -18 districts.
• Section 11.2.05.015.A: Standards for Surfside — no changes of current
provisions except minor change regarding stairways on Surfside leased land
along the "A" row of beachfront homes (Section 11.2.05.015.A.6.d.i).
El Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3 — sets forth current
development standards for the "RLD -15 District" (Bridgeport/Suburbia Tracts
6345, 6346, and 9814). No changes of current standards are proposed.
❑ Section 11.2.05.015.H: Building Height - RLD -9 and RHD -20 Districts —
maintains all current residential height limitations.
❑ Section 11.2.05.015.M: Facade Articulation - Lots Greater than 25 in Width
— establishes new standards for "fagade articulation" as a development regulation
to address mass and bulk of development concerns being expressed within the
community.
❑ Section 11.2.05.015.0: Porches — establishes new, discretionary, standards for
"porches" . as a development option to address mass, bulk, and street
appearance concerns being expressed within the community.
❑ Section 11.2.05.015.P: Additional Front Setback Above 14 Feet — establishes
new standards for two -story design elements adjacent to a front setback area as
a development regulation to address mass and bulk of development concerns
being expressed within the community.
PC Staff Report.05 -05 -10 44
Public Hearing re: 'Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
❑ Section 11.2.05.015.Q: Additional Side Setback or Stepback Above 14 Feet
— establishes new standards for two -story design elements adjacent to a side
setback area as a development regulation to address mass and bulk of
development concerns being expressed within the community. Establishes
separate standards. for lots less than 37.5 feet wide and for lots 37.3 feet wide or
wider.
❑ Section 11.2.05.015.R: Design of Building Additions — establishes new
standards for building addition design elements as a development regulation to
address mass, bulk, and neighborhood compatibility of development concerns
being expressed within the community.
❑ Section 11.2.05.015.U: Limitation on Parking and Garage Frontage —
establishes new standards for garage design elements as a development
regulation to address mass, bulk, and neighborhood compatibility of development
concerns being expressed within the community.
❑ Section 11.2.05.015.U.5: Required Garage Exception — RLD -9 District —
establishes new standards for number of required garage spaces in RLD -9
District if the driveway has a clear area with minimum dimension of 18 feet by
18 feet and the garage has a roll -up garage door— allows reduction of 1
space in required garage parking for single -unit dwellings with 6 bedrooms or
more.
❑ Section 11.2.05.015.Y: Open Space Requirements — establishes new
standards for required private open space as a development regulation to
address lack of private open space for residential developments being expressed
within the community.
❑ Section 11.2.05.015.AA: Development . Standards for 2 -Story
Cabanas /Manufactured Homes — maintains current development standards for
2 -story cabanas and clarifies that standards also apply to 2 -story manufactured
homes. Restates provisions of California Administrative Code regarding size
limitations imposed by State of California regarding the maximum size of a
cabana (these regulations only apply within the Seal Beach Trailer Park).
❑ Section 11.2.05.015.BB: Roof Decks — establishes new standards for roof
decks as a development regulation to address neighborhood
privacy /compatibility issues regarding residential developments being expressed
within the community.
❑ Chapter 11.2.10: Commercial and Mixed -Use Districts - combines all
commercial and mixed -use development standards into one Chapter of the Zoning
Code.
PC Staff Report. 05-05-10 45
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May 5, 2010
❑ Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts
— provides summary of major land uses allowed in each zoning district, whether
by right, Administrative Use Permit, or Conditional Use Permit, and provides
cross references to other Zoning Code provisions regarding those uses.
❑ Table 11.2.10.015: Development Standards — Commercial and Mixed -Use
Districts — provides summary of major development standards for each zoning
district, and provides cross references to other Zoning Code provisions regarding
those development standards.
❑ Maintains current "floor area ratio" standards for the LC -RMD mixed -use
districts.
❑ No changes proposed to current building height and setback standards.
Refer to Tables 11.2.10.015.13 and 11.2.10.015.C.1 through 11.2.05.015.C.3.
❑ Section 11.2.10.015.D: Minimum Yard Requirements: Building
Transition Zone Adjacent to Residential Districts — establishes new
standards for building transition areas for mixed -use commercial and
residential uses to address privacy /neighborhood compatibility issues for
residential developments being expressed within the community.
❑ Section 11.2.10.015.E: Public Open Space — establishes new standards for
the provision of outdoor open space for commercial buildings over 25,000
square feet in area. Requires open space to be provided at a ratio of 25
square feet per 1,000 square feet of building area, with minimum dimensions
of 15 feet, and within 40 feet of and visible from a street - facing property line.
❑ Proposes Administrative Use Permit approval for commercial buildings
that are not within 40 feet of and visible from a street- facing property line.
❑ Section 11.2.10.015.F: Limitations on Location of Parking — establishes
new standards for parking area locations to address street
appearance /neighborhood compatibility issues for commercial developments
being expressed within the community.
❑ Section 11.2.10.015.H: Limitations on Location of Truck Docks, Loading,
and Service Areas — establishes new standards for locations of these types
of commercial activities to address street appearance /neighborhood
compatibility issues for commercial developments being expressed within the
community.
❑ Section 11.2.15.015.1: Building Design Features — establishes new
standards for "Building Design Features to address street
appearance /neighborhood compatibility issues for commercial developments
being expressed within the community.
PC Staff Report.05 -05 -10 46
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Planning Commission Staff Report
May 5, 2010
❑ See Sections 11.2.10.015.1.1: Variety in Wall Plane; 11.2.10.015.1.2:
Variety in Roof Forms; 11.2.10.015.1.3: Variety of Height for Different
Massing Elements; 11.2.10.015.1.4: "Modules Articulated by Change in
Plane, Color, or - Materials; 11.2.10.015.1.5: Fagade Design
Incorporates Architectural Detail; and 11.2.10.015.1.6: Use of
Balconies, Bay Windows, and other such Projections or Recesses;.
The proposed provisions encourage use of the described design features
to allow for some architectural design freedom and diversity in new
commercial developments.
❑ Section 11.2.10.015.K: Building Orientation — establishes new standards
for commercial building orientation to address street
appearance /neighborhood compatibility issues for commercial developments
being expressed within the community.
❑ Proposes Administrative Use Permit approval for commercial buildings
that are not oriented towards a public street.
❑ Section 11.2.10.015.L: Ground Floor Requirements — establishes new
standards for ground floor building materials to address . street.
appearance /neighborhood compatibility issues for commercial developments
being expressed within the community.
❑ Section 11.2.10.015.M: Building Transparency — establishes new
standards for commercial building fagade transparency to address street
appearance /neighborhood compatibility issues for commercial developments
being expressed within the community.
❑ Section 11.2.10.015.0: Required Side and Rear Yards for Residential
Uses — establishes new standards for residential development as part of a
mixed -use project to address neighborhood compatibility issues for mixed -
use developments being expressed within the community.
❑ Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts.
❑ Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil
Extraction Districts — provides summary of major land uses allowed in each
zoning district, whether by right, Administrative Use Permit, or Conditional Use
Permit, and provides cross references to other Zoning Code provisions regarding
those uses.
❑ Table 11.2.15.015: Development Standards — Light Manufacturing and Oil
Extraction Districts — provides summary of major development standards for
each zoning district, and provides cross references to other Zoning Code
provisions regarding those development standards. No changes proposed to
current building height and setback standards.
PC Staff Report.05 -05-10 47
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May 5, 2010
❑ Section 11.2.15.015.B: Building Design Features — establishes new
standards for "Building Design Features to address street
appearance /neighborhood compatibility issues -for light manufacturing
developments being expressed within the community.
❑ See Sections 11.2.15.015.B.1: Variety in Wall Plane; 11.2.15.015.B.2:
Variety of Height for Different Massing Elements; and
11.2.15.015.B.3: Modules Articulated by Change in Plane, Color, or
Materials. The proposed provisions encourage use of the described
design features to allow for some architectural design freedom and
diversity in new light manufacturing and oil extraction developments.
❑ Chapter 11.2.20: Public and Semi - Public Facilities Districts.
❑ Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities
Districts — provides summary of major land uses allowed in each zoning district,
whether by right, Administrative Use Permit, or Conditional Use Permit, and
provides cross references to other Zoning Code provisions regarding those uses.
These uses relate to public agency non -park facilities and private golf courses.
❑ Establishes new standards for residential uses in conjunction with a private
golf course by requiring Conditional Use Permit approval for such a proposed
land use. to address neighborhood compatibility issues being expressed
within the community.
❑ Chapter 11.2.25: Open Space, Parks, and Recreation Districts.
❑ Table 11.2.25.015: Use Regulations — Open Space, Parks, and Recreation
Districts — provides summary of major land uses allowed in each zoning district,
whether by right, Administrative Use Permit, or Conditional Use Permit, and
provides cross references to other Zoning Code provisions regarding those uses.
These uses relate to public agency sensitive land areas and park facilities.
PART III: OVERLAY DISTRICT REGULATIONS:
❑ Chapter 11.3.05: Residential Conservation Overlay District -
maintains current provisions of the Zoning Code currently in Sections 28 -850
through 28 -856. No changes to current provisions are proposed.
❑ Chapter 11.3.10: Planned Development Overlay District ( -PD) -
maintains current provisions of the Zoning Code currently in Sections 28 -1100
through 28 -1106. No changes to current provisions are proposed.
❑ Chapter 11.3.15: Commercial /Park Overlay District- maintains current
provisions of the Zoning Code currently in Section 28 -900. No changes to current
provisions are proposed.
PC Staff Report.05 -05 -10 48
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❑ Chapter 11.3.20: Coastal Zone Overlay District — reserves a Chapter for
future adoption upon certification of a Local Coastal Plan and Implementing Actions
Ordinance by the City Council and the California Coastal Commission.
PART IV: REGULATIONS APPLYING IN SOME OR ALL DISTRICTS:
❑ Chapter 11.4.05: Standards for Specific Uses - Sets forth .both permit
approval requirements and development standards for many uses that can .occur
within different zoning districts of the community.
❑ Section 11.4.05.010: Accessory Business Uses and Activities — sets forth
minimum standards for development and operation of accessory manufacturing
and retail sales and service uses. Includes provisions regarding exterior
appearance, public access, floor area limitation, criteria for approval, allowable
incidental business activities and prohibited uses, permit requirements, and
development standards.
❑ Sub - section D: Allowable Incidental Business Activities — includes
revisions to language regarding live, unamplified tableside entertainers.
❑ Section 11.4.05.015: Alcoholic Beverage Establishments — sets forth permit
requirements and references development standards for any alcohol sales
establishment in the City. Maintains current Conditional Use Permit approval
process by Planning Commission.
❑ Section 11.4.05.020: Animal Keeping — sets forth number and location
standards for keeping of animals in non - commercial situations.
❑ Section 11.4.05.025: Assisted Living Facilities - sets forth permit requirements
and development standards for any such use in the City. Maintains current
Conditional Use Permit approval process by Planning Commission.
❑ Section 11.4.05.030: Automated Teller Machines (ATMs) - sets forth. permit
requirements and development standards for any such use in the City. Requires
Administrative Use Permit approval process consideration by Director of
Development Services.
❑ Section 11.4.05.035: Automobile Service Station - sets forth permit
requirements and development standards for any such use in the City. Updates
current development standards and proposes new requirements for a "tow
service" conducted at an automobile service station. Maintains current
Conditional Use Permit approval process by Planning Commission.
❑ Section 11.4.05.040: Automobile/Vehicle Sales and Services - sets forth
development standards for any such use in the City. Updates current
development standards and proposes new requirements for a "tow service"
conducted at an automobile /vehicle sales and service location.
PC Staff Report.05 -05-10 49
Public Hearing re: Draft - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
❑ Section 11.4.05.045: Child Day Care Facilities - sets forth permit requirements
and development standards for any such use in the City. Updates current
development standards and proposes new requirements. Maintains current
Conditional Use Permit approval process by Planning Commission for Large
.Family Day Care Homes.
❑ Section 11.4.05.050: Drive -In and Drive - Through Facilities - sets forth permit
requirements and development standards for any such use in the City. Updates
current development standards and -proposes new requirements. Maintains
current Conditional Use Permit approval process by Planning Commission.
❑ Section 11.4.05.055: Extended Hour Businesses - sets forth permit
requirements and development standards for any such use in the City. Updates
current development standards and proposes new requirements. Includes
provisions regarding neighborhood complaints regarding the conducting of such
a use. Maintains current Conditional Use Permit approval process by Planning
Commission. Note: the definition of such a use is proposed to be modified to
now encompass business's operating between 12:01 AM and 6 AM. The current
Zoning Code provisions apply to a business operating between 2 AM and 6 AM.
❑ Section 11.4.05.060: Home Occupations - sets forth permit requirements and
development standards for any such use in the City. Updates current
development standards and proposes new requirements. Allows such uses as a
permitted use or requires Administrative Use Permit approval process
consideration by the Director of Development Services. Specifies limitations on
uses and intensity of use that can be permitted by right.
❑ Sub - section D: Home Occupations Requiring an Administrative Use
Permit — includes revision to language regarding teaching of organized
classes and music instruments.
❑ Section 11.4.05.065: Kiosks - sets forth permit requirements and establishes
development standards for any such use in the City. Allows such uses subject to
Administrative Use Permit approval process consideration by the Director of
Development Services. Specifies location, architectural design, and other
standard conditions to conduct such a use.
❑ Section 11.4.05.070: Liquor Stores - sets forth permit requirements and
references development standards for any liquor store sales establishment in the
City. Maintains current Conditional Use Permit approval process by Planning
Commission.
❑ Section 11.4.05.075: Manufactured Housing - sets forth permit requirements
and development standards for any such use in the City. Updates current
development standards and proposes new requirements. Allows such uses as a
permitted use in accordance with provisions of State law.
PC Staff Report.05 -05 -10 50
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Planning Commission Staff Report
May 5, 2010
❑ Section 11.4.05.080: Meeting Facilities, Private Schools, and Similar
Institutional Uses - sets forth permit requirements and development standards
for any such use in the City. Updates current development standards and
proposes new requirements. Includes provisions regarding neighborhood
compatibility. Maintains current Conditional Use Permit approval process by
Planning Commission. Provisions do not apply to public education facilities.
❑ Section 11.4.05.085: News and Flower Stands - sets forth permit requirements
and establishes development standards for any such use in the City. Allows
such uses subject to Administrative Use Permit approval process consideration
by the Director of Development Services. Specifies location, architectural design,
and other standard conditions to conduct such a use.
❑ Section 11.4.05.090: Outdoor Dining, Display, and Sales Standards — sets
forth permit requirements and establishes development standards for such uses
in the City. Allows such uses subject to either Administrative Use Permit or
Conditional Use Permit approval process consideration by the Director of
Development Services or Planning Commission, respectively. Specifies location,
architectural design, and other standard conditions to conduct such uses.
❑ Section 11.4.05.090.A: Temporary Outdoor Displays and Sales — requires
Administrative Use Permit approval process consideration by the Director of
Development Services. Sets forth specific standards' and operational
requirements to be met.
❑ Section 11.4.05.090.B: Accessory Outdoor Display — requires
Administrative Use Permit approval process consideration by the Director of
Development Services. Sets forth specific standards and operational
requirements to be met.
❑ Section 11.4.05.090.C: Permanent Outdoor Displays and Sales — requires
Conditional Use Permit approval process consideration by the Planning
Commission. Sets forth specific standards and operational requirements to
be met.
❑ Section 11.4.05.090.D: Outdoor Dining and Seating Areas — Allows such
uses subject to either Administrative Use Permit or Conditional Use Permit
approval process consideration by the Director of Development Services or
Planning Commission, respectively. Specifies location, architectural design,
operations, and other standard conditions to conduct such uses. Sets forth
specific site development standards and operational requirements to be met.
❑ Outdoor Dining Areas not exceeding 12 seats - Administrative Use
Permit approval required.
❑ Outdoor Dining Areas exceeding 12 seats - Conditional Use Permit
approval required.
❑ Alcoholic Beverage Sales - Conditional Use Permit approval required.
❑ Amplified Sound and Music - Conditional Use Permit approval required.
PC Staff Report.05 -05-10 51
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Planning Commission Staff Report
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❑ Outdoor Cooking - Conditional Use Permit approval required.
❑ Compliance with Standard Conditions for Alcohol Related Land
Uses — City Council Policy 600 -1.
❑ Section 11.4.05.095: Recycling Facilities — sets forth specific standards and
operational requirements to be met for the following facilities:
❑ Reverse Vending Machines;
❑ Recycling Collection Point; and
❑ Recycling Processing Facility.
❑ Section 11.4.05.100: Residential Accessory Uses, Structures, and Vehicle
Parking - provides standards for residential accessory uses and structures
allowed in the zoning district applicable to a parcel (see Table 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. Requirements are proposed for:
❑ Garage Sales — Section 11.4.05.100.B.
❑ Attached Accessory Structures - Section 11.4.05.100.C.
❑ Detached Accessory Structures - Section 11.4.05.100.D. Includes
limitation on total area of such structures. See Table 11.4.05.100.D.4:
Maximum Lot Coverage — Detached Accessory Structures.
❑ Driveways, Walkways, and Patios - Section 11.4.05.100.E.
❑ Mechanical Equipment -Section 11.4.05.100.F.
❑ Antennas - Section 11.4.05.100.G.
❑ Garages - Section 11.4.05.100.H.
❑ Guest Rooms and Pool Houses - Section 11.4.05.100.1. Limitations on
number and height of such structures; otherwise a Conditional Use Permit is
required.
❑ Swimming Pools /Spas /Hot Tubs -Section 11.4.05.100.J.
❑ Minor Accessory Structures - Freestanding Barbecues /Fireplaces,
Sculptures, and Fountains, etc. - Section 11.4.05.100.K. . Establishes
limitations on location and height of such structures; otherwise an
Administrative Use Permit is required.
❑ Tennis and Other Recreational Courts - Section 11.4.05.100.L. Requires
Administrative Use Permit approval to establish such facilities.
❑ Workshops or Studios - Section 11.4.05.100.M.
❑ Tents and Portable Shelter Structures - Section 11.4.05.100.N.
❑ Restrictions on Residential Parking within Residential Districts -
Section 11.4.05.100.0. Establishes limitations on the area of a lot that can
be utilized for the storage and parking of recreational vehicles and boats; see
Section 11.4.05.100.0.2: Recreational Vehicles and Boats.
PC Staff Report.05 -05-10 52
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Planning Commission Staff Report
May 5, 2010
❑ Driveway Standards -Section 11.4.05.100.P.
❑ Section 11.4.05.105: Residential Care Facilities - sets forth specific standards
and operational requirements to be met for such uses.
❑ Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards - sets
forth specific standards and operational requirements to be met for private and
common open space areas, and other facilities such as laundry facilities, storage
areas, and solid waste recycling facilities. See also Table 11.4.05.110.B.1:
Multi-Unit Open Space Requirements.
❑ Section 11.4.05.115: Residential Uses - Second Dwelling Units — maintains
current standards that are in accordance with -the requirements of State law.
❑ Section 11.4.05.120: Restaurant — Alcohol Sales - sets forth permit
requirements and references development standards for any alcohol sales
establishment in the City. Maintains current Conditional Use Permit approval
process by Planning Commission.
❑ Section 11.4.05.125: Senior Citizen Apartments and Independent Living
Facilities - sets forth specific standards and operational requirements to be met
for Senior Citizen Apartments and Independent Living Facilities. Requires
Conditional Use Permit approval by the Planning Commission to establish such a
use. See also Table 11.4.05.125: Senior Citizen Residential Project
Development Features.
❑ Section 11.4.05.130: Temporary Structures, Trailers, and Modular Units -
requires Administrative Use Permit approval by the Director of Development
Services to establish such a use.
❑ Section 11.4.05.135: Vacation Rentals - requires Conditional Use Permit
approval by the Planning Commission to establish such a use and sets forth
required development and operational standards.
❑ Section 11.4.05.140: Warehouse Retail and Large -Scale Commercial
Projects — proposes new standards for retail structures over 20,000 square feet
in size. Standards are proposed regarding the following:
❑ Design and Development Standards — Section 11.4.05.140.B.
❑ Section 11.4.05.140.B.1.a: Exterior Wall Appearance and Details;
❑ Section 11.4.05.140.B.1.b: Horizontal Wall Articulation;
❑ Section 11.4.05.140.B.1.c: Vertical Wall Articulation;
❑ Section 11.4.05.140.B.1.d: Roof Lines;
❑ Section 11.4.05.140.B.1.e: Windows;
❑ Section 11.4.05.140.B.1.f: Location of Secondary Uses;
❑ Section 11.4.05.140.6.2: Landscaping;
❑ Section 11.4.05.140.B.3: Outdoor Lighting; and
PC Staff Report.05 -05 -10 53
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May 5, 2010
❑ Section 11.4.05.140.B.4: Signs.
❑ Chapter 11.4.10: General Site Standards —Sets forth 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.
❑ Section 11.4.10.010: Development on Lots Divided by District Boundaries —
sets forth standards for determining applicable regulations when district
boundaries are unclear.
❑ Section 11.4.10.015: Mechanical Equipment Screening — requires mechanical
and electrical equipment and antennas to 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.
❑ Section 11.4.10.020: Performance Standards — sets forth performance
standards for:
❑ Lighting — See Table 11.4.10.020.A: Outdoor Parking Area Illumination
Levels by Use (Average Foot Candles), which proposes new illumination
standards for parking lots throughout the City. This section also allows the
Director to require photometric plans to ensure compliance with lighting
standards.
❑ Noise — See 11.Table 4.10.020.B.2: Outdoor Noise Levels, and Table
4.10.020.B.3: Indoor Noise Levels which proposes noise level standards for
both areas of concern that are consistent with the requirements of State law
throughout the City. This section also allows the Director to require noise
studies to ensure compliance with noise standards.
❑ Fire and Explosion Hazards — existing City requirements.
❑ Radioactivity or Electrical Disturbances — existing City requirements.
❑ Vibration — existing City requirements.
❑ Smoke, Particulate Matter, Odor and Other Air Contaminants — existing
City requirements.
❑ Humidity, Heat and Cold — existing City requirements.
❑ Storm Drainage and Storm Water Runoff — ensures compliance with
Federal and State law requirements of the National Pollution Discharge
Elimination System (NPDES) permit issued by the California Regional Water
Quality Control Board. Discharges are required to comply with Chapter 9.20:
Storm 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.
❑ Section 11.4.10.025: Recycling and Solid Waste Facilities — requires
specified new development projects, new residential projects of 5 or more units,
or new public facilities to include adequate, accessible and convenient areas for
PC Staff Report.05 -05-10 54
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Planning Commission Staff Report
May 5, 2010
collecting, storing and loading recyclable materials, subject to specified
requirements. See Table 11.4.10.025.C.1: Residential Development Storage
Requirements, and Table 11.4.10.025.C.2: Non - Residential Development
Storage Requirements for size requirements. Also includes standards for
location, orientation, materials, design, and construction.
❑ Section 11.4.10.030: Swimming Pools and Hot Tubs — maintains current
development standards for residential districts. Requires Administrative Use
permit approval by the Director for non - public pools in non - residential locations
(swimming pool at a hotel, private country club, etc.) and Conditional Use Permit
approval by the Planning Commission for a public swimming pool.
❑ Section 11.4.10.035: Underground Utilities — requires compliance with the
provisions of Title 9, Public Property, Public Works and Building Regulations,
Section 9.55: Underground Utilities and Title 10: Subdivisions, of the Municipal
Code.
❑ Section 11.4.10.040: Street and Highway Dedications and Improvements —
requires road dedication and public road improvements to the standards set forth
in Article 10: Subdivisions, and Chapter 9.55: Underground Utilities, of the
Municipal Code and to the requirements of the City Engineer. Allows certain
minor additions to structures without complying with the specified standards by
Conditional Use Permit approval by the Planning Commission.
❑ Section 11.4.10.045: Solar Energy Systems — sets forth installation standards
for solar energy systems.
❑ Chapter 11.4.15: Fences, Hedges and Walls — Sets forth standards for
fences, hedges and walls that apply to several or all districts.
❑ Section 11.4.15.010: General Height Limitations — sets forth standards for
allowable fence, hedge and wall heights throughout the City. With the exception
of a proposed increase in the general height from 6 -feet to 7 -feet for side and
rear property line walls and fences, maintains all current standards. See Table
11.4.15.010.A.1: Allowable Heights, and Table 11.4.15.010.A.2: Allowable
Heights — Specific Locations.
❑ Section 11.4.15.015: Height Limitations for Retaining Walls — sets forth
standards for retaining walls within the City. Includes multiple retaining wall
separation and landscapeArrigation standards. Includes the current standards for
the "Gold Coast" and for homes that rear to "Gum Grove Park" and the Hellman
wetland areas adjacent to Avalon, Catalina, Crestview, and Surf Place.
❑ Section 11.4.15.020: Measurement of Fence or Wall Height — sets forth
standards on how fence or wall height is determined.
PC Staff Report.05 -05-10 55
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❑ Section 11.4.15.025: Special Wall and Fencing Requirements — sets forth
standards for:
❑ Swimming Pools, Spas, and Similar Features;
❑ Walkway and Driveway Architectural Features — proposed new standards;
❑ Outdoor Equipment, Storage and Work Areas;
❑ Sport Facility and Golf Course Fencing;
❑ Temporary Fencing; and
❑ Fence and Wall Design
❑ Section 11.4.15.030: Restrictions on Fence Materials — sets forth provisions
for security and chain link fences.
❑ Section 11.4.15.035: Authority to Waive or Modify Requirements:
Restrictions on Fence Materials — provides for Administrative Use Permit
approval by the Director for requested modification to Section 4.15.030.
❑ Chapter 11.4.20: Off - Street Parking and Loading — Sets forth parking
standards that apply to several or all districts, depending on the applicable land use.
❑ Section 11.4.20.010: Review Procedure — requires parking plans and
development to be approved by the Director.
❑ Section 11.4.20.015: Required Off - Street Parking Spaces — sets forth required
parking standards for identified land uses throughout the City. Other than a
proposed change for "single -unit dwelling" no changes to current requirements
are proposed. See Table 11.4.20.015.A.1: Required Parking, and Table
11.4.20.015.A.2: Required Parking — Main Street Specific Plan Zone District.
❑ The proposed change for "single -unit dwellings" is from a 2 -space
requirement regardless of the number of bedrooms to a sliding scale based
on the number of bedrooms. Single family homes up to 5 bedrooms would
need to provide 2 spaces, homes with 6 bedrooms would be required 3
spaces, homes with 7 bedrooms would be required 4 spaces, etc. See also
proposed Section 11.2.05.015.W.4: Required Garage Exception — RLD -9
District. This section allows for the provision of 1 of the required parking
spaces in the RLD -9 District (the Hill, College Park East and College Park
West) to be provided on a driveway in front of a garage with a roll -up door if
the driveway has a minimum areas of 18 -feet wide and 18 -feet in length.
❑ Section 11.4.20.020: Parking Reductions — sets forth standards regarding the
following allowable parking reduction programs:
❑ Section 11.4.20.020.A: Shared Parking — allows "shared parking
agreements" to be approved by Administrative Use Permit by the Director.
Requires additional findings and allows for the Director to require a "Parking
Demand Study" to be prepared.
PC Staff Report.05 -05 -10 56
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❑ Section 11.4.20.020.B: Other Parking Reductions — allows "other parking
reductions" to be approved by Conditional Use Permit by the Planning
Commission. Requires additional findings and allows for the Director 'to
require a "Parking Demand Stud" to be prepared.
❑ Section 11.4.20.020.D: Main Street Specific Plan District In -Lieu Parking
Program — maintains current provisions of this parking program. No
revisions are proposed.
❑ Section 11.4.20.025: General Parking Design Standards — sets forth design
and layout standards for all parking areas and includes provisions regarding:
❑ Section 11.4.20.025.B: Property on Which Parking and Loading Must Be
Provided — requires parking to be located on the same lot as the use the
parking serves and also maintains the current requirement that the Planning
Commission may consider a Conditional Use Permit to provide parking on
another lot within 300 feet of the use served. Requires additional findings to
be made by the Planning Commission.
❑ Section 11.4.20.025.C: Minimum Parking Space Dimensions; Standard -
codifies design standards for standard size parking spaces for different
parking lot layouts. See also Table 11.4.20.025.C: Parking Area Space
Dimensions for Automobiles — Standard Spaces, Figure 11.4.20.025.C.1:
Parking Space Typical Layouts, and Figure 11.4.20.025.C.2: Standard
Size Parking Space Dimensions.
❑ Section 11.4.20.025.D: Minimum Parking Space Dimensions; Compact -
codifies design standards for compact size parking spaces for different
parking lot layouts. Maintains current provisions that allow up to 25% of
required parking spaces to be compact sized spaces. See also Table
11.4.20.025.D: Parking Area Space Dimensions for Automobiles —
Compact Spaces.
❑ Section 11.4.20.025.E: Standards for Disabled Parking Spaces —
references requirements of the California Building Code (which specify the
number and design standards for disabled parking spaces) and sets forth
requirements to upgrade marking of disabled spaces if required by
amendments to the California Building Code.
❑ Section 11.4.20.025.H: Direction of Vehicle Ingress /Egress - sets forth
standards and imposes new design standards for commercial center parking
lot entrances for lots with more than 200 parking spaces. See Figure
11.4.20.025.H: Main Entrance for Commercial Center Parking Lots
having more than 200 Parking Spaces.
❑ Section 11.4.20.025.1: Pedestrian Walkways — sets forth design standards
for pedestrian walkways within parking lot areas.
❑ Section 11.4.20.025.J: Surfacing — general provisions regarding paving and
use of landscaping.
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❑ Section 11.4.20.025.K: Drainage — requires parking lot drainage to be
contained within the parking lot area and in accordance with storm water
quality standards.
❑ Section 11.4.20.025.L: Landscaping — refers to the landscaping
requirements set forth in Chapter 11.4.30: Landscaping and Buffer Yards.
❑ Section 11.4.20.025.M: Screening - refers to the landscaping and screening
requirements set forth in Chapter 11.4.30: Landscaping and Buffer Yards:
Section 11.4.30.015.F: Landscaped Buffer for Open Parking Abutting
Public Right -of -Way:
❑ Section 11.4.20.025.N: Lighting — sets forth standards for lighting of parking
lots and refers to Section 4.10.020.A: Lighting.
❑ Section 11.4.20.025.0: Wheel Stops and Curbing - sets forth standards
for use of wheel stops and curbing around landscaped areas.
❑ Section 11.4.20.025.P: Markings — sets forth marking requirements for
parking spaces striping, directional arrows, etc.
❑ Section 11.4.20.025.Q: Utilization of Required Parking Spaces — prohibits
use of parking areas, driveways, and landscaped areas for the storage of
material/merchandise.
❑ Section 11.4.20.030: Driveways — sets forth standards for driveways, including
visibility requirements at street intersections or right -of -way lines. See Figure
11.4.20.030.A: Parking Lot Design Standards and Figure 11.4.20.030.B:
Driveway Visibility.
❑ Section 11.4.20.035: Required Off -Street Loading — sets forth new standards
for loading areas when required (buildings 10,000 square feet or larger).
Establishes requirement for customer loading spaces for Building material and
Home Improvement Sales and Service Stores over a specified size. Includes
design and location standards, including screen walls and noise attenuation
provisions. Requires Administrative Use Permit approval by the Director for
exceptions to specified standards.
❑ Section 11.4.20.040: Parking Structures — establishes new standards for
design of parking structures within the City. Requires Conditional Use Permit
approval by the Planning Commission for parking structures city -wide.
❑ Section 11.4.20.045: Required Bicycle Parking — establishes new standards
for the provision of bicycle parking at non - residential and residential multi - family
developments within the City. Sets forth design standards.
❑ Chapter 11.4.25: Signs — Sets forth sign standards that apply to several or all
districts, depending on the applicable land use and zoning district.
❑ Section 11.4.25.010: Exempt Signs — specifies signs that are exempt from the
provisions of the Chapter.
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❑ Section 11.4.25.015: Prohibited Signs — sets forth provisions regarding sign
types that are prohibited in the City, including animated or moving. signs, off-
premise signs, roof signs, and specified signs in the public right -of -way. See also
Figure 11.4.25.015.F: Roof Signs.
❑ Section 11.4.25.020: Temporary Banners — maintains current City
requirements regarding permit requirements for temporary banners.
❑ Section 11.4.25.025: Signs Commercial, Mixed -Use, and Other Non -
Residential Districts — sets forth current sign standards for commercial, mixed -
use and other non - residential districts, except as noted below:
❑ Section 11.4.25.025.A: Allowable Signs Per Commercial Activity and Per
Shopping Center Location — LC /RMD, PO, MSSP, SC, GC, LM and OE
Districts — See also Table 11.4.25.025.A: Standards for Signs in
Commercial, Mixed -Use, and Other Non - Residential Districts and as
defined in Chapter 11.6.05: 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.
❑ Section 11.4.25.025.D.5: Marquee Signs — establishes new standards for
this sign type and requires Administrative Use Permit approval by the. Director
for height and specified lighting exceptions.
❑ Section 11.4.25.025.D.6: Portable A -Frame Signs — establishes new
standards for this sign type and does not permit such signs on public
property.
❑ Section 11.4.25.025.D.10: Main Street Specific Plan District — Additional
Requirements — maintains current sign standards and regulations. Requires
Conditional Use Permit approval by the Planning Commission for multi- tenant
structures and a "Planned Sign Program" for 4 or more separate tenant
spaces.
❑ Section 11.4.25.030: Signs — Residential Districts — maintains current
regulations for signs in residential districts of the City.
❑ Section 11.4.25.035: Temporary Signs — establishes requirements for
temporary non - commercial and commercial signs citywide. Provisions comply
with court decisions regarding freedom of expression and speech.
❑ Section 11.4.25.040: General Provisions for All Sign Types — retains all
current requirements regarding:
❑ Calculation of Sign Area —set forth in Section 11.4.25.040.A.
❑ Materials —set forth in Section 11.4.25.040.6.
❑ Illumination — set forth in.Section 11.4.25.040.C.
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❑ Illumination, Main Street Specific Plan District — set forth in Section
11.4.25.040.D.
❑ Changeable Copy —set forth in Section 11.4.25.040.E.
❑ Code Compliance -set forth in Section 11.4.25.040.F.
❑ Section 11.4.25.045: Procedures for, Sign Approval — retains all current
requirements regarding procedures for sign approvals. Also includes new
provisions regarding "Exceptions to Standards" (Section 11.4.25.045.F), and
requires Conditional Use Permit approval by the Planning Commission for
requested exceptions.
❑ Section 11.4.25.050: Maintenance and Administrative Removal of Signs —
maintains current standards and updates' standards by referencing certain
California construction codes.
❑ Section 11.4.25.055: Legibility of Signs — maintains current provisions of
Zoning Code.
❑ Section 11.4.25.060: Materials - maintains current provisions of Zoning Code.
❑ Section 11.4.25.065: Changeable Copy - maintains current provisions of
Zoning Code.
❑ Section 11.4.25.070: Historic Signs - maintains current provisions of Zoning
Code.
❑ Section 11.4.25.075: Illegal Signs - maintains current provisions of Zoning
Code.
❑ Chapter 11.4.30: Landscaping and Buffer Yards - Sets forth landscaping
standards that apply to several or all districts, depending on the applicable land use
and zoning district.
❑ Section 11.4.30.010: Landscape and Irrigation Plans — specifies new
provisions for preparation and submission of landscape and irrigation plans.
❑ Section 11.4.30.015: Areas to be Landscaped — sets forth standards for areas
on a lot to be landscaped. See Table 11.4.30.015.A: Amount of Landscaping
Required.
❑ Section 11.4.30.015.B: Street Side and Street Rear Property Line Walls —
proposes new standards for landscaped pockets as part of new "Street Side
and Street Rear Property Line Walls."
❑ Section 11.4.30.020: General Landscaping Standards — sets forth new
landscaping standards regarding landscape design, plant material, and irrigation
system requirements.
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❑ Section 11.4.30.025: Parking Lot Landscaping Standards — retains existing
standards and proposes additional standards for parking lot landscaping in the
following areas of concern: .
❑ Section 11.4.30.025.A: Landscape Area Required — requires a minimum of
15 percent of the parking lot area to be landscaped.
❑ Section 11.4.30.025.B: Required Trees — requires minimum size of trees
per number of parking spaces.
❑ Section 11.4.30.025.C: Parking Lot Tree Shading — requires that within 15
years after establishment of a parking lot that at least 50 percent of the
parking area will be shaded.
❑ Section 11.4.30.025.D: Layout — sets forth specific design standards for
parking lot landscaped areas. See Figure 4.30.025.A: Minimum
Dimensions of Required Parking Lot Landscaping.
❑ Section 11.4.30.025.E: - Size of Tree Planting Spaces.
❑ Section 11.4.30.025.F: Landscaped Buffer for Open Parking Abutting
Public Right -of -Way — requires certain design standards regarding
landscape width and /or screen walls where parking areas abut public roads.
❑ Section 11.4.30.025.G:- Landscaped Buffer for Open Parking Abutting
Interior Lot Line - requires certain design standards regarding landscape
width where parking areas abut an interior lot line.
❑ Section 11.4.30.025.H: Protection of Vegetation — requires specified
standards to protect landscape vegetation within parking lots.
❑ Section 11.4.30.030: Required Street Trees — requires street trees to be
planted at a ratio of at least 1 tree for each 25 feet of public street frontage.
❑ Section 11.4.30.035: Landscape Installation and Maintenance — provides
new standards for timing of installation of landscaping, maintenance, and
enforcement.
❑ Section 11.4.30.040: Buffer Yards — establishes new standards for provision of
landscaped buffer yards between specified types of development.
❑ Section 11.4.30.040.C: Required Buffer Yards — Minimum Dimensions
and Standards — establishes new standards for size and design of required
buffer yards. See Table 11.4.30.040.A: Required Buffer Yards and Figure
11.4.30.040.C: Buffer Yards. Establishes additional standards for:
❑ Location;
❑ Landscaping;
❑ Screening Walls;
• Uses of Buffer Yards;
• Buffer Yard Plan; and
❑ Maintenance.
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❑ Section 11.4.30.045: Water Efficient Landscaping — establishes new
standards in compliance with requirements of State law regarding water efficient
landscaping. Provisions relate to:
❑ Applicability;
❑ Plant Selection, Water Features, and Use Limitation;
❑ - Soil Conditioning and Mulching;
❑ Irrigation;
❑ Documentation for Compliance; and
❑ Alternative Provisions.
❑ Section 11.4.30.050: Invasive Plant Species — prohibits 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 and plant species listed as a "noxious weed" by the State of
California or the U.S. Federal Government.
❑ Chapter 11.4.35: Coastal Development Permit - this Chapter is reserved
and will be prepared upon approval of the Local Coastal Plan and its Implementing
Ordinances by the California Coastal Commission.
❑ Chapter 11.4.40: Nonconforming Uses, Structures, and Lots - this
Chapter sets forth current regulations regarding nonconforming uses, structures, and
lots. New provisions are proposed to deal with certain non - conformities as a result
of the adoption of this Zoning Code.
❑ Section 11.4.40.010: Maintenance and Repair of Nonconforming Structures
— maintains current provisions of the Zoning Code regarding maintenance and
repair activities.
❑ Section 11.4.40.015: Minor Improvements to Nonconforming Residential
Structures - maintains current provisions of the Zoning Code.
❑ Section 11.4.40.020: Structural Alterations or Additions to Single Unit
Residences Require a Conditional Use Permit (All Residential Districts)
❑ Section 11.4.40.020.A: Conditionally Permitted Alterations and Additions
- maintains current provisions regarding structural alterations or additions to
any single unit residence. A Conditional Use Permit would now be required,
as the Minor Plan Review process has been eliminated in the new Zoning
Code. Also includes new provisions regarding the following additional design
requirements that do not need to be met for the existing structure to allow the
requested alteration or addition:
❑ Fagade articulation, and
❑ Additional front stepback above 14 feet.
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❑ Section 11.4.40.025: Valuation of Improvements - maintains current
provisions of the Zoning Code.
• Section 11.4.40.030: Nonconforming Multi -Unit Residential and
Nonresidential Structures May Not Be Structurally Altered or Expanded;
and Exceptions — combines language from several different existing provisions
into a single Section. No changes of current Zoning Code provisions are
proposed.
• Section 11.4.40.035: Changes, Substitutions or Expansions of
Nonconforming Uses — establishes new provisions, all of which require
Conditional Use Permit approval by the Planning Commission, regarding the
following types of non - conforming situations:
❑ Section 11.4.40.035.A: Replacement with a More Conforming Use.
❑ Section 11.4.40.035.B: Expansion Within a Conforming Structure.
❑ Section 11.4.40.035.C: Expansion within a Nonconforming Structure.
❑ Section 11.4.40.035.D: Expansion within a Structure That Does Not
Conform to the California Building Code.
❑ Section 11.4.40.040: Conditional Use Permit to Change Nonconforming
Status — sets forth new provisions to allow a Conditional Use Permit approval by
the Planning Commission for a request to conform a use that became non-
conforming upon the adoption of an ordinance that requires a use permit for the
previously allowable use. Provides a 1 -year time to submit the application.
❑ Section 11.4.40.045: Abandonment of Nonconforming Uses; Conditional
Use Permit for Reestablishment of Abandoned Uses — sets forth new
provisions to allow a Conditional Use Permit approval by the Planning
Commission for a request to reestablish an abandoned, non - conforming use, in a
conforming structure.
❑ Section 11.4.40.050: Restoration of Damaged Nonconforming Uses and
Structures — generally maintains current provisions of the Zoning Code.
Specific amendments are discussed and highlighted.
❑ Section 11.4.40.050.A: Damage Equal to or Less than 50 Percent —
retains current provisions of the Zoning Code.
❑ Section 11.4.40.050.B: Residential Structure — Damage Greater than 50
Percent — retains current provisions of Zoning Code.
❑ Section 11.4.40.050.0: Administrative Use Permit; Non - Residential
Structure Damaged More then 50 Percent - retains current provisions of
Zoning Code.
❑ Section 11.4.40.050.D: Director and Building Official Review — Legality
of Existing Improvements - retains current provisions of the Zoning Code.
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❑ Section 11.4.40.050.E: Alternate Procedures After a Natural Disaster —
sets forth new provisions regarding the authority of the City Council to 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: Application During Local
Emergency.
❑ Section 11.4.40.050.F: Reassessment Procedure - retains current
provisions of the Zoning Code.
❑ Section 11.4.40.055: Nonconforming Historic Buildings - maintains current
provisions of the Zoning Code.
❑ Section 11.4.40.060: Nonconforming Use of Land Where No Structure
Involved- maintains current provisions of the Zoning Code.
❑ Section 11.4.40.065: Nonconforming Lots - maintains current provisions of the
Zoning Code. See also Table 11.4.40.065: Minimum Legal Area and
Dimensions of Lots of Record.
❑ Chapter 11:4.45: Transportation Demand Management - this Chapter
sets forth current regulations regarding Transportation Demand Management. No
changes to the current provisions of the Zoning Code are proposed.
❑ Chapter 11.4.50: Adult Businesses — this Chapter sets forth regulations
regarding adult businesses. Provisions that are proposed that are in full compliance
with Federal court decisions regarding this land use.
❑ Chapter 11.4.55: Affordable Housing Bonus - this Chapter sets forth
current regulations regarding affordable housing bonus provisions in accordance
with the provisions of State law.
❑ Chapter 11.4.60: Hazardous Waste Facilities - this Chapter sets forth
current regulations regarding hazardous waste facilities that are in compliance with a
county -wide management program for such facilities. No changes to the current
provisions of the Zoning Code are proposed.
❑ Chapter 11.4.65: Tattoo Establishments - this Chapter sets forth current
regulations regarding tattoo establishments. No changes to the current provisions of
the Zoning Code are proposed.
❑ Chapter 11.4.70: Wireless Telecommunications Facilities - this
Chapter sets forth regulations regarding wireless telecommunications facilities that
are in compliance with both Federal and State regulations regarding this land use.
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❑ Chapter 11.4.75: Common Interest Developments - this Chapter sets
forth regulations regarding common interest developments. No changes to the
current provisions of the Zoning Code are proposed.
❑ Chapter 11.4.80: Condominium Conversions - this Chapter sets forth
current regulations regarding condominium conversions. Minor changes to the
current provisions of the Zoning Code are proposed to conform to State law
requirements.
❑ Chapter 11.4.85: Use Classifications - this Chapter sets forth new
provisions that generally describe types of land uses for the following use
classifications that are referred to throughout the proposed Zoning Code:
❑ Section 11.4.86.015: Residential Use Classifications.
❑ Section 11.4.85.020: Public, Semipublic and Service Use Classifications.
❑ Section 11.4.85.025: Commercial Use Classifications.
❑ Section 11.4.85.030: Industrial Use Classifications.
❑ Section 11.4.85.035: Transportation, Communication,' and Utilities Use
Classifications.
❑ Section 11.4.85.040: Agriculture Use Classifications.
PART V.• LAND USE AND ZONING DECISIONS:
❑ Chapter 11.5.05: Review Authority - Sets forth both permit approval
requirements and responsibilities for the City Council, Planning Commission,
Director of Development Services, and City Building Official.
❑ Section 11.5.05.005: City Council — sets forth responsibilities of the City
Council regarding zoning and land use development approvals.
❑ Section 11.5.05.010: Planning Commission — sets forth responsibilities of the
Planning Commission regarding zoning and land use development approvals.
❑ Section 11.5.05.015: Director of Development Services — sets forth
responsibilities of the Director of Development Services regarding zoning and
land use development approvals.
❑ Section 11.5.05.020: City Building Official — sets forth responsibilities of the
City Building Official regarding zoning and land use development approvals.
❑ Section 11.5.05.025: Review Authority — sets forth the review authority
regarding zoning and land use development approvals. See Table 11.5.05.025:
Review Authority, which identifies the city official or body responsible for
reviewing and making decisions on each type of application, land use permit, and
other entitlements required by this Zoning Code.
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❑ 'Chapter 11.5.10: General Procedures — Sets forth general procedures for
processing applications for a change in land use entitlements or development project
approvals. Generally reflects current provisions of the Zoning Code, with some
revisions based on previous City Council and Planning Commission direction.
The major procedural change encompassed within the proposed Zoning Code is the
"Administrative Use Permit" process, which does not currently exist, but generally
replaces the current "Minor Plan Review' and "Height Variation" processes and
changes the approving body from the Planning Commission to the Director ' of
Development Services.
❑ Section 11.5.10.025: Public Notification — sets forth public notice requirements
regarding discretionary zoning and land use development approvals.
❑ Section 11.5.10.025.A: Mailed Notices, Administrative Use Permit
Matters — requires notice of the subject matter to be mailed to all property
owners of record and building occupants within a 300 -foot radius of the
proposed project. This notice requirement is the current requirement for
Public Hearing Notices.
❑ Section 11.5.10.025.6: Mailed Notices, Public Hearing Matters — requires
notice of the subject matter to be mailed to all property owners of record and
building occupants within a'500-foot radius of the proposed project. This
notice requirement is increased over the current requirement for Public
Hearing Notices of 300 feet.
❑ Section 11.5.10.055: Expiration and Extension — Establishes procedures for
the expiration of land use entitlements and granting extensions of land use
entitlements.
❑ Section 11.5.10.060: Revocation of Permits — Establishes procedures for the
City to consider a revocation of a permit for violation of permit terms and /or
conditions, or any law or ordinance of the City.
❑ Chapter 11.5.15: Legislative Actions — Sets forth general procedures for
processing applications for a "legislative action ", such as adoption or amendment of
a General Plan or General Plan Element, adoption or amendment of a Specific Plan,
adoption or amendment of a Planned Development Plan, adoption or amendment of
the Zoning Code or Zoning Map, and adoption or amendment of a Development
Agreement. Generally reflects current provisions of the Zoning Code, with some
revisions based on previous City Council and Planning Commission direction.
Combines general process and procedural requirements from various sections of the
current Zoning Code into a single Chapter to improve clarity of the document.
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❑ Section 11.5.15.005: General Plan, Specific Plans, Planned Development
Plans, Zone Changes and Development Agreements — specifies adoption
requirements, initiation procedures and annual review requirements, when
applicable.
❑ Section 11.5.15.010: Specific Procedure for Processing Applications — sets
forth procedures for processing applications and coordinating multiple
applications.
❑ Section 11.5.15.015: Public- Notice — sets forth additional notice requirements
above those required in Chapter 5.10.
❑ Section 11.5.15.020: Public Hearing and Action — sets forth required public
hearing actions of the Planning Commission and City Council.
❑ Section 11.5.15.035: Additional Requirements for Development Agreements
— sets forth additional provisions regarding Development Agreements that are in
compliance with provisions of State law.
❑ Section 11.5.15.040: Additional Requirements for Adopting Specific
Plans — sets forth additional provisions regarding Specific Plans.
❑ Chapter 11.5.20: Development Permits — Sets forth general procedures for
processing applications for administrative use permits, conditional use permits, and
variances. Generally reflects current provisions of the Zoning Code, with some
revisions based on previous City Council and Planning Commission direction.
This chapter incorporates the major procedural change encompassed within the
proposed Zoning Code: the initiation of an "Administrative Use Permit' process,
which does not currently exist, but generally replaces the current "Minor Plan
RevieW' and "Height Variation" processes and changes the approving body from
the Planning Commission to the Director of Development Services.
Combines general process and procedural requirements from various sections of the
current Zoning Code into a single Chapter to improve clarity of the document.
❑ Section 11.5.20.005: Administrative Use Permits, Conditional Use Permits
and Variances — sets forth the appropriate approving body for these types of
land use entitlements.
❑ Section 11.5.20.010: Review Authority — references the tables in Part II that set
forth the use types that are permitted by right, permitted by right with specified
limitations, or require Administrative or Conditional Use Permit approvals. In
addition, Table 5.20.010: Review Authority fists the types of land use
entitlements that require either an Administrative Use Permit or a Conditional Use
Permit. The Planning Commission shall consider all variance applications.
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❑ Section 11.5.20.015: Review Procedure — sets forth provisions regarding
application forms and fees, notice, and decisions on Administrative Use permits
and Conditional Use Permits.
❑ Section. 11.5.20.015.C: Decisions on Administrative Use Permits — sets
forth provisions regarding notification of Director Determinations to both the
Planning Commission and City Council.
❑ Section 11.5.20.020: Required Findings — sets forth the required -findings for
use permits and variances that must be made by the approving body to grant
such requests.
❑ Section 11.5.20.025: Conditions of Approval — provides guidance on the
purpose of imposing conditions and the types to conditions that can be
considered by the approving body.
❑ Section 11.5.20.030: Appeals; Expiration and Extensions — sets forth the
procedures for filing appeals of the decision of the approving body.
❑ Chapter 11.5.25: Director Determinations — Sets forth general procedures
for determinations by the Director of Development Services. Generally reflects
current provisions of the Zoning Code, with some revisions based on previous City
Council and Planning Commission direction.
This chapter combines general process and procedural requirements from various
sections of the current Zoning Code into a single Chapter to improve clarity of the
document.
❑ Section 11.5.25.010: Zoning Conformance Review Procedures — sets forth
the procedures and findings for the Director to determine zoning conformance for
applications for business licenses, building permit, or other land use entitlements.
Sets forth required findings and procedure for providing the necessary written
determination of zoning conformance.
❑ Section 11.5.25.015: Temporary Uses — sets forth specified temporary uses
that require an Administrative Use Permit approval by the Director, and those
temporary uses that do not require such an approval. Also sets forth application
requirements, minimum conditions to be applicable, and the imposition of
additional reasonable conditions that may be imposed by the Director.
❑ Section 11.5.25.020: Minor Modifications — sets forth provisions regarding
Director and Planning Commission authority to grant minor modifications from
the strict application of Zoning Code requirements for specified situations and
from specified dimensional requirements.
❑ Section 11.5.25.020.A.1: Dimensional Requirements — new-provisions that
specify the types of dimensional modifications that can be considered; and
only up to 5% of the dimensional requirement. Requests for greater
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modifications would require a Variance approval by the Planning
Commission.
❑ Section 11.5.25.020.A.2: Modifications to Approved Plans — new
provisions that specify the types of minor modifications to approved plans that
can be considered; and only up to 5% of the specified requirement.
Requests for greater modification would require a Variance approval by the
Planning Commission.
❑ Section 11.5.25.020.D: Director Determinations — provides that the
Director may grant relief from the dimensional requirements of this Zoning
Code not to exceed 5 percent of the requirement by Administrative Use
Permit. Please note that this provision only applies to the Zoning Code, not to
Title 10: Subdivisions.
❑ Section 11.5.25.020.E: Referral of Applications to Planning Commission
— sets forth provisions whereby the Director may refer requests for minor
modifications to the Planning Commission for consideration under the
Conditional Use Permit process.
❑ Section 11.5.25.020.F: Findings — sets forth the additional required findings
to be made in granting a request for minor modification.
❑ Section 11.5.25.025: Appeals — provides an appeal process for both Director
and Planning Commission determinations /decisions.
❑ Chapter 11.5.30: Reasonable Accommodations — Sets forth general
procedures the City will use regarding Planning Commission authority to grant
reasonable accommodation requests in accordance with Federal and State fair
housing laws.
❑ Section 11.5.30.010: Review Authority —establishes the Planning Commission
as the approving body for applications for reasonable accommodation.
❑ Section 11.5.30.020: Decision — requires the Planning Commission to issue a
written determination.
❑ Section 11.5.30.020.B: Required Findings — sets forth required findings the
Planning Commission must make to approve a request for reasonable
accommodation.
❑ Section 11.5.30.020.C: Alternative Reasonable Accommodations —
provides that the Planning Commission may approve alternative reasonable
accommodations which provide an equivalent level of benefit to the applicant.
❑ Section 11.5.30.020.D: Consideration Factors — establishes factors for the
Planning Commission to consider for a request for reasonable
accommodation.
❑ Section 11.5.30.020.E: Consideration Factors — Fundamental Alteration
to Zoning Program — establishes factors for the Planning Commission to
PC Staff Report.05-05 -10 69
Public Hearing re: °Draft. - Title 11: Zoning, February, 2010"
Planning Commission Staff Report
May 5, 2010
consider for a request for reasonable accommodation regarding a
fundamental alteration to the zoning program of the City.
❑ Section 11.5.30.020.F: Coastal Zone Properties — sets forth additional
considerations regarding properties located in the coastal zone. -
❑ Section 11.5.30.025: Expiration, Time Extension, Violation, Discontinuance, .
and Revocation — sets forth provisions regarding reasonable accommodations
requests and the subject areas of concern:
❑ Section 11.5.30.030: Amendments — sets forth provisions regarding requests
for amendments to approved reasonable accommodation requests.
❑ Chapter 11.5.35: Environmental Review — Sets forth general 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.
❑ Section 11.5.35.010: Review Procedures — sets forth the review procedures for
evaluation, preparation, public review, reviewing body responsibilities, and
.determinations regarding all environmental review documents. These provisions
are in compliance with the California Environmental Quality Act (CEQA).
❑ Section 11.5.35.015: Mitigation Monitoring Program = sets forth the
requirements for preparation, approval, and enforcement of mitigation monitoring
plans. These provisions are in compliance with the California Environmental
Quality Act (CEQA).
❑ Section 11.5.35.020: Appeals — provides an appeal process for both Director
and Planning Commission determinations /decisions:
PART VI., TERMS AND DEFINITIONS:
❑ Section 11.6.05.010: Definition of Specialized Terms and Phrases — sets forth
the definition of terms and specialized phrases utilized in the Zoning Code.
Additional definitions are also provided for terms and specialized phrases in the
following Chapters of the Zoning Code:
❑ Chapter 11.4.10: General Site Standards:
O Section 11.4.10.020.B: Noise
❑ Section 11.4.10.025: Recycling and Solid Waste Facilities
❑ Chapter 11.4.45: Transportation Demand Management;
❑ Chapter 11.4.60: Hazardous Waste Facilities;
❑ Chapter 11.4.65: Tattoo Establishments; and
❑ Chapter 11.4.70: Wireless Telecommunications Facilities.
PC Staff Report.05 -05 -10 70
ATTACHMENT 7
PLANNING COMMISSION MINUTES, MAY
5, 2010
1 CITY OF SEAL BEACH
2 PLANNING COMMISSION
3
4 Minutes of May 5, 2010
5
6
7 Chairperson Deaton called the regularly scheduled meeting of the Planning
8 Commission to order at 7:30 p.m. on Wednesday, May 5, 2010. The meeting was held
9 in the City Council Chambers and began with the Salute to the Flag.'
10
11 ROLL CALL
12
13 Present: Chairperson Deaton, Commissioners Bello, and Massa - Lavitt.
14
15 Also
16 Present: Department of Development Services
17 Mark Persico, Director of Development Services
18 Jerry Olivera, Senior Planner
19 Steven Flower, Assistant City Attorney
20
21 Absent: None
22
23 Mr. Persico reported that Commissioner Galbreath would be arriving to tonight's
24 meeting between 8:00 - 8:30 p.m.
25
26 ORAL COMMUNICATIONS
27
28 Chairperson Deaton opened oral communications.
29
30 Joyce Parque questioned why members of other ad hoc committees are not required to
31 undergo the ethics training, and whether an appointee that is asked to resign can
32 continue to serve on the committee. Mr. Flower clarified that tonight's training session
33 relates to Land Use Law. He noted that the AB 1234 Ethics Training will take place on
34 May 10, 2010, for City Council, the Planning Commission, and Staff members who must
35 file Form 700, "Disclosure of Financial Interest." He noted that AB 1234 does not speak
36 to who must attend this training. With regard to committee members who are asked to
37 resign, Mr. Flower indicated that this action would require agreement of the full Council,
38 otherwise the appointee would continue to serve for the extent of his or her term.
39
40 Mr. Persico introduced the new Director of Public Works, Sean Crumby.
41
42 There being no one else wishing to speak, Chairperson Deaton closed oral
43 communications.
44
1 These Minutes were transcribed from audiotape of the meeting.
1 of 9
City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
AGENDA APPROVAL
Chairperson Deaton requested that Item No. 2 be removed from the Consent Calendar
for further discussion.
MOTION by Massa - Lavitt; SECOND by Bello to approve the Agenda as amended.
MOTION CARRIED: 3-0-1
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: Galbreath
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of April 21, 2010.
MOTION by Bello; SECOND by Massa - Lavitt to approve the Consent Calendar as
amended.
MOTION CARRIED: 3-0-1
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: Galbreath
2. Minor Plan Review 10 -7
139-7 th Street
Applicant/Owner: Michael & Jenny McLean
Request: To add an uncovered outdoor deck over the garage of an
existing, nonconforming duplex property. The property is
nonconforming because it exceeds the density requirement,
has a nonconforming front yard setback, and has a third
story on a 25 -ft. wide lot, even though the third story does
not exceed the 25 -ft. 0 -in. height limit.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -20.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and
indicated that Staff received a letter in opposition from an adjacent neighbor expressing
concerns with potential noise.
2 of 9
City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
Chairperson Deaton requested a motion to continue this item to a future date when the
applicant could be present.
MOTION by Bello; SECOND by Massa - Lavitt to continue Minor Plan Review 10 -7 to the
Planning Commission meeting of May 19, 2010.
MOTION CARRIED: 3-0-1
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: Galbreath
SCHEDULED MATTERS
3. Adoption of Resolution 10 -23 honoring John Larson for his service to the City of
Seal Beach as a Planning Commissioner and City Councilmember.
MOTION. by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -23 as presented.
MOTION CARRIED: 3-0-1
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: Galbreath
PUBLIC HEARINGS
4. Conditional Use Permit 09-4 (Indefinite Extension)
148 -E Main Street (Beach Fitness)
Applicant/Owner: Bryce Turner & Barbara Bartee / Ken Trossen, LST
Investments
Request: Indefinite Extension of Conditional Use Permit 09 -4 allowing
the expansion of the existing business into an adjacent lease
space within the Main Street Specific Plan (MSSP) Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -19.
Staff Report
Mr. Olivera delivered the staff report. He provided information on this item and noted
that in response to concerns from a nearby resident over parking and noise associated
with Beach Fitness, Staff had imposed conditions on the initial approval of Conditional
Use Permit 09-4. Staff has included additional conditions to this application to help
address ongoing concerns with noise and parking, and recommends approval of CUP
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City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
09 -4. Mr. Olivera noted that Staff has received twenty -three letters in support of this
application.
Public Hearinq
Chairperson Deaton opened the public hearing.
Barbara Bartee, owner of Beach Fitness, requested approval of CUP 09-4.
Commissioner Bello inquired about the trainers "shouting" instructions while conducting
training. Ms. Bartee stated that training does not take place outside and doors are
always kept closed during business hours.
The following individuals spoke in support of Conditional Use Permit 09 -4:
Joseph Altspeli Jim Juno Karen Miller
Darren Smith Seth Eaker
There being no one else wishing to speak, Chairperson Deaton closed the public
hearing.
Mr. Flower noted for the record that Commissioner Galbreath had arrived.
Commissioner Comments
None.
Mr. Flower advised that due to his Iate arrival during this public hearing, Commissioner
Galbreath should abstain from voting on this item.
MOTION by Massa - Lavitt; SECOND by Bello to approve the Indefinite Extension of
Conditional Use Permit 09-4, subject to conditions, and adopt Resolution 10 -19 as
presented.
MOTION CARRIED: 3-0-0-1
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: None
ABSTAIN: Galbreath
Mr. Flower advised that the adoption of Resolution No. 10 -19 begins a 10 -day calendar
appeal period to the City Council. The Commission action tonight is final and the
appeal period begins tomorrow morning.
5. .Title 11: Zoning Code
Citywide
Applicant/Owner: City of Seal Beach
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City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
r
2 Request: To recommend adoption of a comprehensive revision and
3 update to the City Zoning Code. The comprehensive
4 revision will replace the entire current Zoning Code, Chapter
5 28 of the Seal Beach Municipal Code, with a new Title 11,
6 Zoning Code.
7
8 The proposed Title 11, Zoning, does not change standards
9 for basic lot size, density and building intensity, setback, lot
10 coverage, height, parking, and sign regulations of the current
11 Zoning Code. There are minor changes to allowable and
12 discretionary land uses within the City, such as news stands,
13 kiosks, artist's studios, catering services, and
14 handicraft/custom manufacturing uses. New provisions
15 related to a number of design related issues are proposed,
16 such as porches, additional building stepbacks for structures
17 more than 14 feet high, use of compatible material and
18 design elements for building additions, and other design and
19 aesthetic matters of concern to the City. In addition an
20 "Administrative Use Permit" approval process is proposed
21 which would allow the Director of Development Services to
22 review and approve several types of discretionary land use
23 approvals that are currently reviewed and approved by the
24 Planning Commission.
25
26 Document City of Seal Beach website, www.ci.sealbeach.ca.us
27 Availability: Under the "Headlines" section click on "2010 Zoning Code
28 Update" to review Negative Declaration 2010 -1, the
29 complete proposed Title 11, Zoning Code, zoning maps, and
30 other information documents regarding this important
31 program.
32
33 Recommendation: Approval, subject to conditions, and adoption of Resolution
34 10 -22.
35
36 At 8:05 p.m. Chairperson Deaton requested a 5- minute recess.
37
38 The meeting reconvened at 8:10 p.m.
39
40 Staff Report
41
42 Mr. Whittenberg delivered the staff report. He provided a brief presentation on the
43 proposed revisions to the Title 11: Zoning Code and reviewed the comments received
44 at the recently conducted community meetings and the joint City Council and Planning
45 Commission meeting.
46
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City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
1 Commissioner Comments
2
3 Chairperson Deaton asked if Attachment A is proposed for inclusion in Title 11: Zoning
4 Code. Mr. Whittenberg stated that Attachment A provides guidelines for placement of
5 A -Frame signs on private property. Mr. Persico indicated that Attachment A will not be
6 codified and the guidelines are not specific to Main Street.
7
8 Public Hearing
9
10 Chairperson Deaton opened the public hearing.
11
12 Seth Eaker congratulated Staff and all the stakeholders for the helping with the
13 execution of this process. He then indicated that the business community is looking
14 forward to participating with the proposed review of the Main Street Specific Plan
15 (MSSP). He then referred to Page 24 of the Staff Report Item 23, Subsection a. and
16 noted that A -Frame signs would be very useful for business that are set back further
17 than 10 feet from the public right -of -way. He commented that the proposed A -Frame
18 Guidelines would provide flexibility.
19
20 Joyce Parque stated that notice should be provided to residents when wireless
21 telecommunications towers are to be installed in their neighborhood. Mr. Flower stated
22 that the City has the authority to regulate wireless telecommunications facilities on
23 private property and the public right -of -way. Mr. Olivera noted that in the case of private
24 property as long as the wireless facility complies with development standards for the
25 zone, Staff has allowed the installation after having issued the appropriate building
26 permits. Mr. Flower added that to the extent that these types of facilities comply with
27 FCC standards, the City cannot regulate them with regard to radio emissions. Ms.
28 Parque then recommended that newspaper racks be removed from Main Street. She
29 then asked what the required open space would be on a 25 x 117 -ft. lot. Mr.
30 Whittenberg reported that for the RHD -20 District the open space requirement would be
31 225 sq. ft., with a minimum 90 sq. ft. in a single area on the ground floor level.
32
33 There being no one else wishing to speak, Chairperson Deaton closed the public
34 hearing.
35
36 Chairperson Deaton stated that all wireless telecommunications facilities should be
37 subject to a Conditional Use Permit. Commissioner Massa - Lavitt stated that when a
38 facility is on the public right -of -way, the City should have complete discretion to approve
39 or not approve. Mr. Whittenberg noted that these would be subject to an Administrative
40 Use Permit with notice provided to residents within 300 feet of the facility, but if the
41 Commission prefers all facilities could be made subject to a Conditional Use Permit.
42
43 MOTION by Deaton; SECOND by Bello to amend the February 2010 Draft Title 11:
44 Zoning to require a Conditional Use Permit for all wireless facilities.
45
46 MOTION CARRIED: 4 — 0 — 0
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City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
1 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt
2 NOES: None
3 ABSENT: None
4
5 Commissioner Massa - Lavitt then inquired about the requirement for approval of a
6 Conditional Use Permit for a massage or spa use. Mr. Flower noted that this has been
7 recommended to go along with the provisions for state licensing for massage uses.
8
9 Commissioner Massa - Lavitt stated that for better visibility Main Street businesses
10 located on the rear portion of the lots should be allowed to place A -frame signs out
11 front, if their door is farther than 10 to 20 feet from the public right -of -way. Mr.
12 Whittenberg questioned the potential for clutter if several business owners placed their
13
14 Chairperson Deaton stated that the issue of A -frame signs in the public right -of -way
15 should be referred to the Main Street Specific Plan (MSSP) Committee. Commissioner
16 Massa - Lavitt agreed that future discussions would have to take place with Main Street
17 business owners and the community.
18
19 MOTION by Massa - Lavitt; SECOND by Bello to approve Revisions to the February
20 2010 Draft Title 11: Zoning as presented in Attachment 1 of the Staff Report dated May
21 5, 2010.
22
23 MOTION CARRIED: 4 — 0 — 0
24 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt
25 NOES: None
26 ABSENT: None
27
28 MOTION by Bello; SECOND by Massa - Lavitt to approve Revisions to the February
29 2010 Draft Title 11: Zoning as presented in the Staff Memorandum dated May 5, 2010.
30
31 MOTION CARRIED: 4 — 0 — 0
32 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt
33 NOES: None
34 ABSENT: None
35
36 MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -22 recommending
37 approval of Title 11: Zoning and Exhibit A as amended.
38
39 MOTION CARRIED: 4 — 0 — 0
40 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt
41 NOES: None
42 ABSENT: None
43
44 Mr. Flower advised that the Title 11: Zoning will now be forwarded to City Council for
45 consideration and final action, along with final action on Negative Declaration 2010 -1.
46
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Cky of Seal Beach Planning Commission
Meeting Minutes of May 5, 20 10
Chairperson Deaton then requested that Item No. 6 be rescheduled for another day.
Mr. Flower recommended that this item be continued indefinitely.
MOTION by Galbreath; SECOND by Massa - Lavitt to indefinitely continue Planning
Commission Training Session — Part II.
MOTION CARRIED: 4 — 0 — 0
AYES: Deaton, Bello, Galbreath, and Massa -Lavitt
NOES: None
ABSENT: None
DIRECTOR'S REPORT
Mr. Persico provided information on the following items.
1. AB 1234 Ethics Training Session — Monday, May 10, 2010, 4:00 - 6:00 p.m.
2. Building Division Open House — Monday, May 10, 2010, 5:00 — 7:00 p.m.
3. Lane striping to be done before the end of June at intersection of Pansy Street and
Guava Avenue in College Park East
COMMISSION CONCERNS
Commissioner Bello stated she would miss Commissioner Larson.
Chairperson Deaton and Commissioner Galbreath agreed that Mr. Larson would be
missed.
Commissioner Galbreath noted that he would not be present at the Planning
Commission meeting of May 19, 2010.
Chairperson Deaton recommended cancelling the May 19th meeting.
MOTION by Bello; SECOND by Galbreath to cancel.the Planning Commission meeting
of May 19, 2010.
MOTION CARRIED: 4 — 0 — 0
AYES: Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: None
ABSENT: None
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 9:31 p.m. to the scheduled meeting of
June 2, 2010.
8 of 9
1
2
3
4
5
6
7
8
9
10
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City of Seal Beach Planning Commission
Meeting Minutes of May 5, 2010
Respectfully Submitted,
Carmen Alvarez, Executive Assistant
Planning Department
/_1:] :j ,-To VIA I
The Commission on June 2, 2010, approved the Minutes of the Planning Commission
Meeting of Wednesday, May 5, 2010..
9of9
ATTACHMENT 8
PLANNING COMMISSION RESOLUTION
NUMBER 10 -25, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONE
CHANGE 10 -2, AN AMENDMENT TO THE
SEAL BEACH ZONING MAP TO BE
CONSISTENT WITH RECOMMENDED
TITLE 11, ZONING, ADOPTED JUNE 2,
2010
RESOLUTION NUMBER 10 -25 q/
L
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE CHANGE 10 -2, AMENDING
THE SEAL BEACH ZONING MAP TO BE
CONSISTENT WITH RECOMMENDED TITLE 11,
ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. The City held a total of twelve Community Information
Meetings regarding the proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010" between March 1, 2010 and March 31, 2010 at which approximately
100 persons attended.
Section 2. A joint City Council and Planning Commission Study Session
was conducted on April 12, 2010 where additional City Council, Planning Commission,
and public comments were received, and where staff was directed to proceed with the
appropriate public hearings to consider the proposed "Seal Beach Municipal Code Draft
Title 11: Zoning, February 2010."
Section 3. Pursuant to 14 Calif. Code of Regs. § 15305, staff has
prepared Initial Study /Negative Declaration 2010 -1 evaluating the environmental
impacts of the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February
2010." The Draft Initial Study /Negative Declaration 2010 -1 was circulated for public
comment starting on April 15, 2010 and ending on May 17, 2010.
Section 4. A noticed public hearing was held by the Planning
Commission on May 5, 2010 to consider the proposed "Seal Beach Municipal Code
Draft Title 11: Zoning, February 2010 ".
Section 5. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
Section 6. At the conclusion of the May 5, 2010 Planning Commission
public hearing the Planning Commission adopted Resolution 10 -22, recommending
adoption of proposed Title 11, Zoning, with revisions.
Section 7. A noticed public hearing was held by the Planning
Commission on June 2, 2010 to consider Zone Change 10 -2, amending the Seal Beach
Zoning Map to be consistent with recommended Title 11, Zoning.
1 of 2
Planning Commission Resolution No. 10 -25
Zone Change 10 -2
New Title 11(Zoning Code) Related Zoning Map Changes
June Z 2010
Section 8. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
Section 9. Based upon the facts contained in the record, including
those stated in Section 1 through Section 8 of this resolution and pursuant to §§ 28 -2600
of the City's Code, the Planning Commission makes the following findings:
(a) The proposed adoption of a new Zoning Map for the
City of Seal Beach will ensure that the Zoning Map Zoning District designations will be
consistent with the new Zoning District names in Title 11, Zoning.
(b) The residential area of "Old Town" bounded by Pacific
Coast Highway, the Ir Street Alley, Electric Avenue, and the 12th /13th Street Alley is
currently in the "Residential Medium Density — District I" zone and is proposed to be placed
in the "RHD -20" Zoning District, to be consistent with the zoning for the majority of "Old
Town." No other changes to current zoning designations of property are proposed.
Section 10. Based on the foregoing Sections 1 through 9, the Planning
Commission hereby recommends that the City Council approve Zone Change 10 -2
which will adopt "Seal Beach Zoning Map, June 2010," on file in the Office of the City
Clerk.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 2nd day of June 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Mark Peril, A1CP
Secretary, Planning Commission
2 of 2
Ellery Deaton
Chairperson, Planning Commission
ATTACHMENT 9
PLANNING COMMISSION STAFF REPORT, JUNE 2, 2010
June 2, 2010
STAFF REPORT
To: Chairman and Members of the Planning Commission
From: Mark Persico, AICP
Director of Development Services
Subject: PUBLIC HEARING — ZONE CHANGE 10 -2 —
NEW TITLE 11 (ZONING CODE)
RELATED ZONING MAP CHANGES
SUMMARY OF REQUEST:
Conduct Public Hearing by receiving Staff Report, public comments and Commission
discussion; consider the proposed "Seal Beach Zoning Map, June 2010" and public
comments. Close or continue the public hearing.
Upon concluding the public hearing, Adopt Resolution Number 10 -25, A Resolution of
the Planning Commission of the City of Seal Beach Recommending to the City Council
Approval of Zone Change 10 -2, Amending the Seal Beach Zoning Map to be
Consistent with Recommended Title 11, Zoning. (Please refer to Attachment 1 to
review the Resolution).
BACKGROUND:
This public hearing is to receive public testimony regarding the consideration of Zone
Change 10 -2, which will adopt a new Zoning Map for the City of Seal Beach that is
consistent with the new Zoning District names in Title 11, Zoning.
Overview of Proposed Zone Change to Property:
In addition, the residential area of "Old Town" bounded by Pack Coast Highway, the 17th
Street Alley, Electric Avenue, and the 12th /13th Street Alley is currently in the "Residential
Medium Density — District I" zone and is proposed to be placed in the "RHD -20" Zoning
District, to be consistent with the zoning for the majority of "Old Town." No other changes to
current zoning designations of property are proposed.
The only major difference in the regulations between the current RMD, District I and the
proposed RHD -20 District is the base density, which currently is 17.43 units per acre and is
\ \Sbnas \Users \Iwhittenberg\My Documents\Zoning Code Revisions \Seal Beach Revisions\2010 Comprehensive Update\PC Staff
Report. 06- 02- 10.doc
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
proposed to be 20 units per acre. However, the minimum lot size in either district is
currently 2,500 square feet and is proposed to remain at 2,500 square feet. Effectively only
1 unit per lot can be developed, and with the minimum lot size of 2,500 square feet, the
density within this area could not increase unless a contiguous area of at least 17,500
square feet, or at least 7 contiguous 2,500 square foot lots, were to be developed
concurrently with new development.
Overview of Zoning District Classification Changes:
Provided below is a comparison of the "Zoning District Names" for Chapter 28 (current
zoning code) and for Title 11 (recommended zoning code):
Current Zoning (Chapter 28)
District Designation
Recommended Zoning (Title 11)
District Designation
Chapter 28
Residential Density
Title 11
Residential Density
RLD - 5000
1 unit per 5,000 s . ft.
RLD - 9
9 units per acre
RLD - 3000
1 unit per 3,000 s . ft.
RLD -15
15 units per acre
RMD
I unit per 2,500 s . ft.
RMD - 18
18 units per acre
RHD — District I
I unit per 2,178 s . ft.
RHD — 20
20 units per acre
RHD — District II
1 unit per 1,350 s . ft.
RHD — 33
33 units per acre .
RHD — District VI
I unit per 950 s . ft.
RHD — 46
46 units per acre
RC-0
RC-0
PUD
PUD
L -C /RMD
L -C /RMD
C -O
P -O
MSSP
MSSP
C -1
SC
C -2
GC
M -1
LM
O -E
OE
R -G
RG
PLU /R
PS,OS -PR
or OS -N
UP
UP
S -P
SPR
SPR
MIL (Military)
BEA Beach
CZ Coastal Zone
PC Staff Report.06 -02 -10 2
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
DOCUMENT AVAILABILITY:
Access the City of Seal Beach website, www.ci.sea[beach.ca.us and go to the
"Headlines" section and click on the "2010 Zoning Code Update" to review the proposed
Title 11 Zoning Code, Negative Declaration 2010 -1, zoning maps, and all other
information documents regarding this matter.
RECOMMENDATION:
Conduct Public Hearing by receiving Staff Report, public comments and Commission
discussion; consider the proposed "Zoning Map, June 2010" and public comments.
Close or continue the public hearing.
Upon concluding the public hearing, Adopt Resolution Number 10 -25, A Resolution of
the Planning Commission of the City of Seal Beach Recommending to the City Council
Approval of Zone Change 10 -2, Amending the Seal Beach Zoning Map to be
Consistent with Recommended Title 11, Zoning. (Please refer to Attachment 1 to
review the Resolution).
Mark Persico, AICP
Director of Development Services
Attachments: (3)
Attachment 1: Resolution Number 10 -25, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the
City Council Approval of Zone Change 10 -2, Amending the
Seal Beach Zoning Map to be Consistent with
Recommended Title 11, Zoning
Attachment 2: Exhibit A — Proposed Zone Change from RMD, District I to
RH D -20
Attachment 3: Proposed Seal Beach Zoning Map, June 2010
PC Staff Report.06 -02 -10 3
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June Z 2010
Page Intentionally Left Blank
PC Staff Report.06 -02 -10
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
ATTACHMENT 1
RESOLUTION NUMBER 10 -25, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONE CHANGE
10 -2, AMENDING THE SEAL BEACH ZONING
MAP TO BE CONSISTENT WITH
RECOMMENDED TITLE 11, ZONING
PC Staff Report.06 -02 -10 5
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June Z 2010
Page Intentionally Left Blank
PC Staff Report.06-02 -10
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
RESOLUTION NUMBER 10 -25
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE CHANGE 10 -2, AMENDING
THE SEAL BEACH ZONING MAP TO BE
CONSISTENT WITH RECOMMENDED TITLE 11,
ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. The City held a total of twelve Community Information
Meetings regarding the proposed "Seal Beach Municipal Code Draft Title 11: Zoning,
February 2010" between March 1, 2010 and March 31, 2010 at which approximately
100 persons attended.
Section 2. A joint City Council and Planning Commission Study
Session was conducted on April 12, 2010 where additional City Council, Planning
Commission, and public comments were received, and where staff was directed to
proceed with the appropriate public hearings to consider the proposed "Seal Beach
Municipal Code Draft Title 11: Zoning, February 2010."
Section 3. Pursuant to 14 Calif. Code of Regs. § 15305, staff has
prepared Initial Study /Negative Declaration 2010 -1 evaluating the environmental
impacts of the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February
2010." The Draft Initial Study /Negative Declaration 2010 -1 was circulated for public
comment starting on April 15, 2010 and ending on May 17, 2010.
Section 4'. A noticed public hearing was held by the Planning
Commission on May 5, 2010 to consider the proposed "Seal Beach Municipal Code
Draft Title 11: Zoning, February 2010 ".
Section 5. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
PC Staff Report.06 -02 -10 7
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
Section 6. At the conclusion of the May 5, 2010 Planning Commission
public hearing the Planning Commission adopted Resolution 10 -22, recommending
adoption of proposed Title 11, Zoning, with revisions.
Section 7. A noticed public hearing was held by the Planning
Commission on June 2, 2010 to consider Zone Change 10 -2, amending the Seal Beach
Zoning Map to be consistent with recommended Title 11, Zoning.
Section 8. At said public hearing there was oral and written testimony
and evidence received by the Planning Commission.
Section 9. Based upon the facts contained in the record, including
those stated in Section 1 through Section 8 of this resolution and pursuant to §§ 28-
2600 of the City's Code, the Planning Commission makes the following findings:
A. The proposed adoption of a new Zoning Map for the City of Seal
Beach will ensure that the Zoning Map Zoning District designations will be consistent with
the new Zoning District names in Title 11, Zoning.
B. The residential area of "Old Town" bounded by Pacific Coast Highway,
the 17th Street Alley, Electric Avenue, and the 12th /13th Street Alley is currently in the
"Residential Medium Density — District I" zone and is proposed to be placed in the "RHD -20"
Zoning District, to be consistent with the zoning for the majority of "Old Town." No other
changes to current zoning designations of property are proposed.
Section 10. Based on the foregoing Sections 1 through 9, the Planning
Commission hereby recommends that the City Council approve Zone Change 10 -2
which will adopt "Seal Beach Zoning Map, June 2010," on file in the Office of the City
Clerk.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of
, 2010, by the following vote:
PC Staff Report.06 -02 -10 8
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June Z 2010
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Ellery Deaton
Chairperson of the Planning Commission
Mark Persico, AICP
Secretary of the Planning Commission
PC Staff Report. 06-02-10 9
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
Page Intentionally Left Blank
PC Staff Report.06 -02 -10 10
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
ATTACHMENT 2
EXHIBIT A - PROPOSED ZONE CHANGE FROM
RMD, DISTRICT I to RHD -20
PC Staff Report.06 -02 -10 11
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
Page Intentionally Left Blank
PC Staff Report.06 -02 -10 12
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June Z 2010
ATTACHMENT 3
PROPOSED SEAL BEACH ZONING MAP, JUNE 2010
(Available for review in the Office of the City Clerk and at
the City of Seal Beach website, www.ci.sealbeach.ca.us
and go to the "Headlines" section and click on the "2010
Zoning Code Update" to review the proposed Title 11
Zoning Code, Negative Declaration 2010 -1, Zoning Maps,
and all other information documents regarding this matter)
PC Staff Report.06 -02 -10 13
Public Hearing re: Zone Change 10 -2 —
New Title 11 (Zoning Code) - Related Zoning Map Changes
Planning Commission Staff Report
June 2, 2010
Page Intentionally Left Blank
PC Staff Report. 06-02-10 14
ATTACHMENT 10
PLANNING COMMISSION MINUTES, JUNE 2, 2010
1
2
3
CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of June 2, 2010
Chairperson Deaton called the regularly scheduled meeting of the Planning
Commission to order at 7:32 p.m. on Wednesday, June 2, 2010. The meeting was held
in the City Council Chambers and began with the Salute to the Flag.'
Rni i rai i
Present: Chairperson Deaton, Commissioners Bello, Galbreath, and Massa - Lavitt.
Also
Present: Department of Development Services
Mark Persico, Director of Development Services
Jerry Olivera, Senior Planner
Steven Flower, Assistant City Attorney
Absent: None
ORAL COMMUNICATIONS
Chairperson Deaton opened oral communications.
Michael McLean owner of 139 7th Street described the proposed project for Minor Plan
Review 10 -7 and explained that this home is not to be used as a rental, as he and his
family will be using it as a summer home.
There being no one else wishing to speak, Chairperson Deaton closed oral
communications.
AGENDA APPROVAL
Chairperson Deaton requested that Item 1 be removed from the Consent Calendar for
discussion.
MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Agenda as amended.
MOTION CARRIED: 4 — 0
AYES: Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: None
ABSENT: None
These Minutes were transcribed from audiotape of the meeting.
1 of 5
City of Seal Beach Planning Commission
Meeting Minutes of June 2, 2010
CONSENT CALENDAR
2. Minor Plan Review 10 -7
139-7 th Street (Continued from May 5, 2010)
Applicant/Owner: Michael & Jenny McLean
Request: To add an uncovered outdoor deck over the garage of an
existing, nonconforming duplex property. The property is
nonconforming because it exceeds the density requirement,
has a nonconforming front yard setback, and has a third
story on a 25 -ft. wide lot, even though the third story does
not exceed the 25 -ft. 0 -in. height limit.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -20.
3. Minor Plan Review 10 -8
1115'/ Seal Way
Applicant/Owner: Karen Mikkelsen / Wendi Rothman
Request: To add an uncovered second -floor balcony at the front of an
existing, nonconforming duplex property. The property is
nonconforming because it is over density and does not
provide adequate covered off - street parking, as required by
the Zoning Code.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -21.
Chairperson Deaton stated that she had spoken with the applicant for Minor Plan
Review 10 -8 and had explained the Minor Plan Review process.
MOTION by Massa - Lavitt; SECOND by Bello to approve the Consent Calendar as
amended.
MOTION CARRIED: 4 — 0
AYES: Deaton, Bello, Galbreath, and Massa- Lavitt
NOES: None
ABSENT: None
Mr. Flower advised that the adoption of Resolution Nos. 10 -20 and 10 -21 begins a
10 -day calendar appeal period to the City Council. The Commission action tonight is
final and the appeal period begins tomorrow morning.
2 of 5
City of Seal Beach Planning Commission
Meeting Minutes of June 2, 2090
1. Approve Planning Commission Meeting Minutes of May 5, 2010.
Mr. Persico indicated that a revised copy of the Meeting Minutes of May 5, 2010,
accurately reflecting the comments made on the public hearing for the Title 11: Zoning
Code was provided to the Commissioners. He noted that Commissioner Galbreath
should abstain from voting on this item, as he was late in arriving for the meeting of May
5, 2010.
MOTION by Bello; SECOND by Massa -Lavitt to approve the Meeting Minutes of May 5,
2010, as amended.
MOTION CARRIED: 3 — 0 — 0 -11
AYES: Deaton, Bello, and Massa - Lavitt
NOES: None
ABSENT: None
ABSTAIN: Galbreath
SCHEDULED MATTERS
►T MW
PUBLIC HEARINGS
4. Zone Change 10 -2
Citywide
Applicant/Owner: City of Seal Beach
Request: The Planning Commission will consider Zoning Map
changes that reflect the zoning district titles as proposed in
Title 11 (Zoning Code), which will be considered by the City
Council on June 14, 2010.
In addition, the residential area of "Old Town" bounded by
Pacific Coast Highway, the 17th Street Alley, Electric
Avenue, and the 12th /13th Street Alley is now proposed to be
placed in the RHD -20 Zoning District, to be consistent with
the zoning for the majority of "Old Town." This area is
currently in the "Residential Medium Density — District 1"
Zone.
Recommendation: Approval, subject to conditions, and adoption of Resolution
10 -25.
Staff Report
3 of 5
City of Seal Beach Planning Commission
Meeting Minutes of June 2, 2010
Mr. Persico indicated that these map changes are consistent with the Title 11 text
changes to the Zoning Ordinance that the Planning Commission reviewed and
recommended approval to City Council at its meeting of May 5, 2010.
Commissioner Questions
None.
Public Hearing
Chairperson Deaton opened the public hearing.
There being no one wishing to speak, Chairperson Deaton closed the public hearing.
Commissioner Comments
None.
MOTION by Massa - Lavitt; SECOND by Bello to approve Zone Change 10 -2, subject to
conditions, and adopt Resolution 10 -25, as presented.
MOTION CARRIED: 4 — 0
AYES: Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: None
ABSENT: None
OTHER MATTERS
5. Consideration of alternate meeting date for July 7, 2010.
Staff Report
Mr. Persico stated that after checking the list of items awaiting review, Staff
recommends that the Planning Commission proceed with the two scheduled meetings
for the month of July 2010.
DIRECTOR'S REPORT
Mr. Persico reported on the following items.
1. General Plan Ad Hoc Citizens Advisory Committee to meet on June 3, 2010, at
6:30 p.m. regarding City of Seal Beach Housing Element.
2. Public hearing before City Council for Title 11: Zoning Code scheduled for June
14, 2010, at 7:00 p.m.
4of5
City of Seal Beach Planning Commission
Meeting Minutes of June 2, 2010
3. Items scheduled for the June 16, 2010 Planning Commission meeting.
4. Items scheduled for the July 7, 2010 Planning Commission meeting.
5. Environmental Quality Control Board response letter to the City of Long Beach
regarding the Draft EIR for the proposed project at 2nd Street and Pacific Coast
Highway.
6. Quarterly report of visitors to the public counter for assistance from Planning,
Building, and Public Works Staff.
COMMISSION CONCERNS
Commissioner Galbreath inquired whether Staff had received a response from the Old
Ranch Country Club regarding unauthorized removal. of eucalyptus trees. Mr. Persico
said Staff has received no application for an after- the -fact Eucalyptus Tree Permit, and
the Code Enforcement Officer will be forwarding a letter advising of the need to apply
for permits no later than July 1, 2010.
ADJOURNMENT
Chairperson Deaton adjourned the meeting at 7:55 p.m.
Respectfully Submitted,
Carmen Alvarez, Executive Assis ant
Planning Department
APPROVAL
The Commission on approved the Minutes of the Planning Commission
Meeting of Wednesday, June 2, 2010.
6 of 5
ATTACHMENT 11
PART II, BASE DISTRICT REGULATIONS -
ANNOTATED - INDICATING REMOVAL OF
SUGGESTED BUILDING MASS, BUILDING
BULK, AND BUILDING DESIGN
STANDARDS
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
PART 11 BASE DISTRICT REGULATIONS
Chapter 11.2.05 Base District Regulations - Residential Districts
§ 11.2.05.005
Applicability
§ 11.2.05.010
Land Use Regulations
§ 11.2.05.015
Development Standards
§ 11.2.05.020
Review of Plans
Chapter 11.2.10 Base District Regulations - Commercial and Mixed -Use
Districts
§ 11.2.10.005 Applicability
§ 11.2.10.010 Land Use Regulations
§ 11.2.10.015 Development Regulations
§ 11.2.10.020 Review of Plans
Chapter 11.2.15 Base District Regulations - Light Manufacturing and Oil
Extraction Districts
§ 11.2.15.005
Applicability
§ 11.2.15.010
Land Use Regulations
§ 11.2.15.015
Development Standards
§ 11.2.15.020
Review of Plans
Chapter 11.2.20 Base District Regulations - Public and Semi - Public
Facilities Districts
§ 11.2.20.005
Applicability
§ 11.2.20.010
Land Use Regulations
§ 11.2.20.015
Development Standards
§ 11.2.20.020
Review of Plans
Chapter 11.2.25 Base District Regulations - Open Space, Parks, and
Recreation Districts
§ 11.2.25.005 Applicability
§ 11.2.25.010 Limits on Calculation of Parks
§ 11.2.25.015 Land Use Regulations
§ 11.2.25.020 Development Standards
§ 11.2.25.025 Review of Plans
CITY OF SEAL BEACH MUNICIPAL CODE
1
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Page has been intentionally left blank
CITY OF SEAL BEACH MUNICIPAL CODE
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART 1I: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Chapter 11.2.05 Residential Districts
Sections:
§ 11.2.05.005
Applicability
§ 11.2.05.010
Land Use Regulations
§ 11.2.05.015
Development Standards
§ 11.2.05.020
Review of Plans
§ 11.2.05.005 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 15 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.
§ 11.2.05.010 Land Use Regulations.
Table 11.2.05.010: Use Regulations — Residential Districts, prescribes the
land use regulations for residential districts. The regulations for each district are
established by letter designations as follows:
"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 11.2.05.010.
"A" — Uses subject to an Administrative Use Permit following discretionary
review by the Director.
CITY OF SEAL BEACH MUNICIPAL CODE
3
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART Ik BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
"C" — Uses subject to a Conditional Use Permit following discretionary review
and public hearing by the Planning Commission.
"-2'— 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 11.4.85: Use Classifications. Use classifications not listed in
Table 11.2.05.010: Use Regulations — Residential Districts, are prohibited.
TABLE 11.2.05.010
USE REGULATIONS — RESIDENTIAL DISTRICTS
RLD
RMD
RHD
Additional Regulations
Residential Use Types
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
See Section 11.4.05.110
Family Day Care
Small Family
P
P
P
Large Family
C
C
C
See Section 11.4.05.045.13
Group Housing
—
--
A
Senior Citizen Housing
—
--
C
See Section 11.4.05.125
Public, Semi - Public, and Service Use Types
Clubs and Lodges
--
—
C
See Section 11.4.05.080
Community Centers
C
C
C
Community Social Service Facilities
—
--
C
Day Care Center
—
--
C
See Section 11.4.05.045.0
Hospitals and Clinics
Hospitals
--
--
—
Clinics
--
—
—
Park and Recreation Facilities
A
A
A
Public Safety Facilities
A
A
A
CITY OF SEAL BEACH MUNICIPAL CODE
4
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.010 (Continued)
USE REGULATIONS — RESIDENTIAL DISTRICTS
RLD I
RMD
I RHD
I Additional Regulations
Public, Semi - Public, and Service Use Types (Continued)
Religious Facilities
C
C
C
See Section 11.4.05.080
Residential Care Facilities
See Section 11.4.05.105
Residential Care, General
--
—
C
See Section 11.4.85.020.N
Residential Care, Limited
P
P
P
See Section 11.4.85.020.N
Residential Care, Senior
--
— I
C
See Section 11.4.05.125
Schools, Public or Private
L -1
L -1
L -1
See Section 11.4.05.080
Commercial Use Types
Bed and Breakfasts
--
—
C
See Chapter 11.3.05
Food and Beverage Sales
General Market
—
--
L -2
Home Improvement Sales and
Services
—
--
L -2
Personal Services
—
—
L -2
Retail Sales
--
--
L -2
Vacation Rentals
C
—
C
See Section 11.4.05.135
Transportation, Communication, and Utility Use Types
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
CITY OF SEAL BEACH MUNICIPAL CODE
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.010 (Continued)
USE REGULATIONS — RESIDENTIAL DISTRICTS
RLD
I RMD
I RHD
I Additional Regulations
Other Applicable Use Regulations
Accessory Use
See Section 11.4.05.100
Home Occupations
P
I P
I P
I See Section 11.4.05.060
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses,
Structures, and Lots
Temporary Use
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.
§ 11.2.05.015 Development Standards.
Table 11.2.05.015: 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 "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 CODE
6
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART II. BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
I RLD -15
RMD -18
RHD -20
RHD -33
I RHD -46
I Supplemental Regulations
Densitylintensity of Use — Lot Dimensions
One unit
One unit
per 5,000
per 3,000
One unit
One unit
One unit
One unit
See Section 11.4.05.115 for
Maximum Density
y
q. ft. of lot
sq. ft. of lot
per 2,500
p
per 2,178
per 1,350
per 960 s q
Second Dwelling Unit
area, plus
area, plus
sq. ft. of lot
sq. ft. of lot
sq. ft. of lot
ft. of lot
standards.
a "Second
a "Second
area
area
area
area
See Subsection A for
Unit'
Unit"
Surfside Standards
Maximum Density with
State Affordable Housing
See Chapter 11.4.55:
Bonus (du /ac)
Affordable Housing Bonus
g
Minimum Lot Area
(sq. ft.)
Interior Lots
5,000
3,000
5,000
2,500
5,000
5,000
Comer Lots
5,500
3,000
5,500
2,500
5,500
5,500
Nonresidential Uses
10,000
10,000
10,000
10,000
10,000
10,000
Minimum Lot Size (ft.)
Interior Lots
50 x 100
30 x 80
50 x 100
25 x 100
50 x 100
50 x 100
Comer Lots
55 x 100
35 x 80
50 x 100
25 x 100
55 x 100
55 x 100
Minimum Floor Area (sq.
ft.)
Primary Dwelling Unit
1,200
1,200
950
950
950
950
Efficiency Second Unit
150
150
150
150
150
150
L -1
1- Bedroom Second Unit
400
400
400
400 1
400
400
L -1
CITY OF SEAL BEACH MUNICIPAL CODE
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
I RLD -15
I RMD -18
I RHD -20
RHD -33
RHD -46
Supplemental Regulations
Density /Intensity of Use — Lot Dimensions (Continued)
Minimum Floor Area (sq.
ft.) (Continued)
2 +- Bedroom Second
600
600
600
--
--
--
Unit
Maximum Floor Area for
Second Units
Detached Second Unit
800 sq. ft
800 sq. ft
800 sq. ft
--
--
--
30% of
30% of
30% of
Attached Second Unit
primary
primary
primary
--
--
--
unit
unit
unit
Maximum Lot Coverage
(B)
67
50
75 (B)
60
80
(B)
(%)
Substandard Lot
Yes
Yes
Yes
Yes
Yes
Yes
(C)
Standards
CITY OF SEAL BEACH MUNICIPAL CODE
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
RLD -15
I RMD -18
I RHD -20
I RHD -33
I RHD -46
Supplemental Regulations
Building Form and Location
Minimum Yards (ft.)
Average
Average
Front — Minimum
(D)
(E)
12;
12;
18
18
(D)(E); L -3
Minimum 6
Minimum 6
10% of lot
10% of lot
10% of lot
10% of lot
width; 3 ft.
width; 3 ft.
width; 5 ft.
width; 5 ft.
Interior Side — Minimum
(D)
(E)
minimum;
minimum;
minimum;
minimum;
(D)(E)
10 ft.
10 ft.
10 ft.
10 ft.
maximum
maximum
maximum
maximum
15% of lot
15% of lot
15% of lot
15% of lot
15% of lot
Comer Side — Minimum
width; 10 ft.
(E)
width; 10 ft.
width; 10 ft.
width; 10 ft.
width; 10 ft.
(E)
maximum
maximum
maximum
maximum
maximum
5 ft.; but
when
Rear
(F)
(E)
abutting an
24 ft. minus
24 ft. minus
alley 24 ft.
width of the
width of the
18
(E)(F)
minus
alley.
alley.
width of the
alley.
CITY OF SEAL BEACH MUNICIPAL CODE
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
RLD -15 I
RMD -18
RHD -20
RHD -33
RHD -46
Supplemental Regulations
Main Building Envelope
Flood Zone Heights
Yes
Yes
Yes
Yes
Yes
Yes
(G)
Maximum Height (ft.)
25 (1)
25
(1)
(1)
35
35
(h)
a
.74
—
so
—
—
Maximum Height of
6
6
6
6
6
6
(1)
Downslope Skirt Walls (ft.)
Projections
Yes
Yes
Yes
Yes
Yes
Yes
(J)
Minimum Distance
Between Buildings on the
6
6
6
6
6
10 -20
(K)
Same Lot (ft.)
Minimum Court
--
--
--
--
15
15
Dimensions (ft.)
Building Design
*00
*e0
*98
*ee
*e&
Fagad�
*e9
*99
*e6
*00
*89
Abe
(
Exterior Stairways
Yes
Yes
Yes
Yes
No
No
L -2
Prohibited
CITY OF SEAL BEACH MUNICIPAL CODE
10
Comment[ 11 ]: Staffsuggests deletion of this
provision and incorporefion into an 'Interim
Design Guidelines" document that would be
adopted by City Council Resolution.
........ .._...—
Comment [I2]• Staffsuaaests deletion of thl
pro vision and Incorooration into an 'Interim I
Design Guidelines" document that would be i
adopted by City Council Resolution. --
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II.- BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
RLD -15
RMD -18
RHD -20
RHD -33
RHD -46
Supplemental Regulations
Building Design (Continued)
Two
1140h Reese@
e8
X98
X859ts"
X98
Porches
--
--
Yes
--
--
(0)
VYes
eA&i
08600A rilefflems
X99
*AS
*90
*60
Vehicle Accommodation
Loading Parking and
9
See Chapter 11.4.20: Off - Street Parking and Loading
Maximum Number of Curb
Cuts for Driveway
1 (T)
1
1
1
1
1
(S)
Maximum Width of
Driveway (ft.)
18
--
--
--
--
--
(T)
Limitations on Parking and
Garage Frontage
Yes
Yes
Yes
Yes
Yes
Yes
U
( )
CITY OF SEAL BEACH MUNICIPAL CODE
11
... I Comment [I3]:
"I Comment [I4]: Staffsuggests
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9
RLD -15
RMD -18
RHD -20
RHD -33
RHD -46
Supplemental Regulations
Landscaping and Open Space
Minimum Permeable
Surface /Maximum Paving in
Street — Facing Yards ( %)
60/50
60/50
60/50
60/50
60/50
60/50
(V)
Minimum Site Area Devoted to
Landscaping ( %)
25
15
15
(Z)
15
15
W(Y)
Planting Required on
Downslope Lots
Yes
Yes
Yes
Yes
Yes
Yes
(X)
AGnimum Go—
X99
*90
*09
*99
*e&
*00
(119
80
*09
*99
*96
*90
*09
(�
Pedestrian Walkways
--
--
--
--
Yes
Yes
(Z)
Other Development Standards
Accessory Structures
Yes
Yes
Yes
Yes
Yes
Yes
See Section 11.4.05.100
2 -Story Cabanas/
Manufactured Homes
Yes
--
(AA)
CITY OF SEAL BEACH MUNICIPAL CODE
12
Comment [I5]: Sfaffsurmests deletion of
these provlslons and Incorporation Info an
"Interim Design Guidelines" document that
would be adopted by City Council Resolution.
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Table 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
RLD -9 I
RLD -15
RMD -1 S
RHD -20
RHD -33
RHD -46
Supplemental Regulations
Other Development Standards (Continued)
Roof Decks
Yes
--
Yes
Yes
Yes
Yes
(BB)
Solar Access
Yes
Yes
Yes
Yes
Yes
Yes
See Section 11.4.10.045
Walls and Fences
Yes
Yes
Yes
Yes
Yes
Yes
See Chapter 11.4.15
General Site Standards
See Chapter 11.4.10: General Site Standards
caping and Buffer
Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Signs
See Chapter 11.4.25: Sign Regulations
Nonconforming Structures
See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Permit Coastal Development
See Chapter 11.4.35: Coastal Development Permit
Reasonable
Accommodations
See Chapter 11.5.30: Reasonable Accommodations
p
L -1: Second Units are not allowed in the RHD -20 District located in Old Town.
L -2: Exterior stairways providing access from the ground level and /or the first floor to the second floor or above are prohibited when such stairways are not
specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD -9 district on
properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property
stipulating the property is to be used only as a Single -Unit dwelling. Exception: Exterior stairways may be permitted on Single -Unit dwellings located
within identified flood zones upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits.
L -3: Refer to Appendix A — City Council Approved Blanket Setback Variances
CITY OF SEAL BEACH MUNICIPAL CODE
13
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART H. BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
A. Standards for Surfside.
1. Yard Requirements. Yard requirements for Surfside are set
forth in Table 11.2.05.015.A: Surfside Yard Requirements.
TABLE 11.2.05.015.A
SURFSIDE YARD REQUIREMENTS
Unit Type
"A" Row
"B" Row
"C" Row
Front Yard
4 ft.
2.5 ft.
2.5 ft. (L -1)
Side Yard
10% lot width, minimum 3 ft. - maximum 10 ft. (L -2)
Rear Yard
1 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 35 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
11.2.05.015.A.4: Surfside Minimum Unit Sizes:
Table 11.2.05.015.A.4
Surfside Minimum Unit Sizes
Unit Type
Minimum Unit Size
(sq. ft.)
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 CODE
14
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11. BASE DISTRICT REGULATIONS
Chapter 2.05. Residential Districts
5. 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 11.2.05.015.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 11.5.20: 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.
Cl. 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 — 5 feet; or 10 feet if the first floor
deck is then restricted to 5 feet in depth with a 5 -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 - 5 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 5 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 25
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 CODE
15
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
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 11.5.20:
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
1. RLD -9 District. In the RLD -9 District the maximum lot
coverage is 45 %, with an additional 5% lot coverage permitted for patio covers
that are at least 50% open. The RLD -9 area along Ocean Avenue, between
First Street and Eighth Street, is permitted 60% lot coverage.
2. RHD -20 District, Old Town. In the RHD District, Old Town,
the maximum lot coverage is as set forth in Table 11.2.05.015: Development
Standards for Residential Districts. Provided below are the allowable lot
coverage for standard size, interior lots, with a 15 -foot alley in Old Town, based
on a minimum 6 -foot front yard in accordance with the average setback
provisions applicable to this District, and a maximum allowable 4.5 -foot second -
story overhang. Please contact the Planning Department to confirm the
maximum lot coverage allowable pursuant to Table 11.2.05.015: Development
Standards for Residential Districts.
CITY OF SEAL BEACH MUNICIPAL CODE
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DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
C. 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
11.4.40.065; 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
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 5,000
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.
D. 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
CITY OF SEAL BEACH MUNICIPAL CODE
17
Lot
Size
25' x
100'
37.5' x
100'
25' x
117.5'
37.5' x
117.5'
Minimum Front Yard
6'
6'
6'
6'
Maximum 2nd Story Overhang
4.5'
4.5'
4.5'
4.5'
Minimum Side Yard
3'
3.75'
3'
3.75'
Maximum Allowable Building
Coverage Area
89.5' x
19'
89.5' x
30'
107'x19'
107' x 30'
Total Lot Area
2,500
sq. ft.
3,750 sq.
ft.
2,937.5
sq. ft.
4,406.25
sq. ft.
Maximum Lot Coverage
68.02%
71.6%
69.2%
72.85%
C. 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
11.4.40.065; 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
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 5,000
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.
D. 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
CITY OF SEAL BEACH MUNICIPAL CODE
17
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
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 5 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.
E. RLD -15 District Development Standards. The development
standards for the RLD -15 District are set forth in Table 11.2.05.015.E.1: Specific
Tract Development Standards, Tract 6345, Table 11.2.05.015.E.2: Specific Tract
Development Standards, Tract 6346, and Table 11.2.05.015.E.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 -15 District that have an legally
constituted Architectural Committee, as has been submitted to the City.
CITY OF SEAL BEACH MUNICIPAL CODE
18
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05. Residential Districts
TABLE 11.2.05.015.E.1
RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS
TRACT 6345
Development Standard
Required Standard
Building Setbacks:
Front Yard: First Floor
6 feet — Lot 30 and 31.
8 feet — All remaining lots.
Front Yard: Second Floor
50 feet.
Rear Yard
2 feet.
Interior Side Yard
6 feet on one side — opposite side yard is 0 -foot
minimum setback.
Street Side Yard
3 feet.
Maximum Height Limit:
25 feet overall — 10 feet at Zero Side Yard for
single story portion of residential structure, 12
feet at Zero Side Yard for two -story portion of
residential structure.
Number of Stories:
2 -Story Lots — Maximum of 24 lots.
Allowable Floor Areas:
First Floor
1,250 square feet minimum.
Second Floor
300 square feet minimum; 800 square feet
maximum.
Fence Height:
3 feet in front yard setback area.
8 feet outside of front yard setback area.
Projections:
Chimney
2 feet into required interior side yard: not
exceeding 6 feet in length (Chimney projection
not allowed in front, rear, or exterior side yard).
Roof eaves — Rear Yard
1 foot into public alley (includes garage door in
open position).
Required landscaping:
40% of required Front Yard.
Patio Covers:
Not permitted in front, rear, or side yard setback
area.
CITY OF SEAL BEACH MUNICIPAL CODE
19
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015.E.2
RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS
TRACT 6346
Development Standard
Required Standard
Development Standard
Required Standard
Building Setbacks:
Front Yard: First Floor
8 feet - All lots except Lots 1 and 6.
7 feet - Lot 1; 4 feet - Lot 6.
Front Yard: Second Floor
50 feet.
Rear Yard
2 feet.
Interior Side Yard
6 feet.
Opposite Side Yard
0 feet.
Street Side Yard
3 feet.
Height Limit:
25 feet overall - 10 feet at Zero Side Yard for
single story portion of residential structure, 12
feet at Zero Side Yard for two -story portion of
residential structure.
Number of Stories:
2 -Story Lots - Maximum of 38 lots.
Allowable Floor Areas:
First Floor
1,250 square feet minimum.
Second Floor
300 square feet minimum; 800 square feet
maximum.
Fence Height:
3 feet in front yard setback area.
8 feet outside of front yard setback area.
Projections:
Chimney
2 feet into required interior side yard: not
exceeding 6 feet in length (Chimney projection
not allowed in front, rear, or exterior side yard).
Roof eaves - Rear Yard
1 foot into public alley (includes garage door in
open position).
Required landscaping:
40% of required Front Yard.
Patio Covers:
Not permitted in front, rear, or side yard setback
area.
CITY OF SEAL BEACH MUNICIPAL CODE
20
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PARTY: BASE DISTRICT REGULATIONS
Chapter 2.05. Residential Districts
TABLE 11.2.05.015.E.3
RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS
TRACT 9814
Development Standard
Required Standard
Building Setbacks:
Front Yard. First Floor
12 feet - Lot 1, 4, 6, 9, 15, 17, 20, 24, 25, 27, 29,
31, 33.
10 feet - Lot 2, 5, 8, 10, 12, 16, 19, 21, 23, 26,
30.
8 feet - Lot 3, 7, 11, 13, 14, 18, 22, 28, and 32.
6 feet - Lot 34, 35.
Front Yard. Second Floor
30 feet except as follows:
20 feet - Lot 13, 34, 35.
Rear Yard
2 feet - Lots 1 through 24.
8 feet - Lots 25 through 35.
Interior Side Yard
(Southwesterly Side)
6 feet.
Interior Side Yard
(Northwesterly side)
0 feet - All lots except Lot.12 and 35.
Street Side Yard
6 feet - Lot 1, 24 and 25.
Height Limit:
25 feet overall - Lots 12, 13 and 35.
25 feet overall - 12 feet within 3 feet of an
exterior Side Yard - All other Lots.
Number of Stories:
1 -Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28.
2 -Story Lots - All remaining lots.
Fence Height:
3 feet in front yard setback area.
8 feet outside of front yard setback area.
Architectural Projections:
2 feet - except no fireplace or chimney structure
allowed in first floor front yard setback area or
rear yard setback area.
Required landscaping:
Entire front yard setback area except entry walks
and driveways.
6 square feet minimum in rear yard setback area.
CITY OF SEAL BEACH MUNICIPAL CODE
21
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PARTY. BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
TABLE 11.2.05.015.E.3 (Continued)
RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS
TRACT 9814
Development Standard
Required Standard
Trash Enclosure:
Minimum 2 -foot by 4 -foot area adjacent to rear
yard setback area — all lots except 31, 32, 33, 34,
and 35.
Patio Area:
240 square foot minimum - adjacent to 6 -foot side
yard setback area
Patio Covers:
Not permitted in front, rear, or side yard setback
area.
Must have 50% open roof area and cannot be
enclosed.
Comment [I6]: Stab I
suogests deletion of this I
provision and incorporation
I into an Interim Design
Guidelines- document that j
would be adopted by City
Council Resolution.
CITY OF SEAL BEACH MUNICIPAL CODE
22
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Standard Rear Yard Regtrired
Red rctiao in RearYard Setback
a ftwed with Administrataoe Use
Permit
nunum
equii•ed
or yi-d
G. Flood Zone Heights. In special flood hazard zones as defined in Title
9: Public Property, Public Works and Building Regulations, Chapter 9.45: Floodplain
Management, the maximum height is increased by the increase in elevation required
to reach the base flood elevation.
H. Building Height — RLD -9, RMD 18, and RHD -20 Districts. Building
height in the RLD -9 District in Old Town, the RMD -18 District, and the RHD -20
District in Old Town 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.
structures is:
2. 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
CITY OF SEAL BEACH MUNICIPAL CODE
23
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Rear 1/2 of lot: 35 feet
3. RHD -20 District — Old Town. The maximum building height for
residential structures is 25 feet.
I. 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
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 11.2.05.015.1: Special Requirements for Downslope Lots.
Figure 11.2.05.015.1
Special Requirements for Downslope Lots
CITY OF SEAL BEACH MUNICIPAL CODE
24
i
Maximum height
��� ��
Al
of downslope
In
L III
skirt wall: 6 k
I III
or 8 ft if lot slope
n'
(
is more than 40%
Street
n 11 !1 {'; 11
�i
I
shrub or tree
planting required
7.
III
l,l
CITY OF SEAL BEACH MUNICIPAL CODE
24
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
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 2 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
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.
Comment [I7]: Provisions
deleted based on City Council
adoption of Zone TextAmendment
10.2 on Mav 10, 2010. I
CITY OF SEAL BEACH MUNICIPAL CODE
25
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART H: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
4. Projections — RLD -15 District. Refer to Section
11.2.05.010.E: RLD -15 District Development Standards, Table 11.2.05.015.E.1
through Table 11.2.05.015.E.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.
Figure 11.2.05.015.J
Projections Into Required Yards — Residential Districts
Internal Lot
Corner Lot
i n s•.airY. bakomes, decks � ___ —_ l_.__ —_I
lin— /� �w 12 feet in length may Mimmum
Rear Yard pro;sr_ upm 6 feet born RearYard
;-
a r
______._.; yard setback I .3 +F_6�
ArY,inecnrral feature rrq
i project upm 3 feet inm
:: required rarprd s tba;k
II
13
- 31.-
k
k.
i Open stairs, baknn.es.
--i.
decks and architemral
.
features rota "'d wrddrt
3 feet from aide lot line
project upm 3 fee[ mto Froncffird
—_ —. —. rcqured fromserback L_J__
I-- Mnimum
Corner
Side Yard
Fa comer bu.strr esid%
�- amhnecorral features not
% allowed wntmr S feet from
side b: line
j
K. Minimum Distance Between Buildings and Minimum Size of
Courts — RMD and RHD 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.
Comment [18]: Staff I
suggests deletion of this
provision and incorporation
i into an Interim Design
I Guidelines" document that
would be adopted by City
i Council Resolution. ,
CITY OF SEAL BEACH MUNICIPAL CODE
26
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
5'" "C" s""" nave m Icwl ,"e Plvlctuwl ul lmmb OI ICWI -r ICCI Ill ucpul, ar cwo
or recesses at least 1.5 feet in depth, for every 25 linear feet of wall.
Comment [I9]: Staffsuaaests f
deletion of this provision and
incorporation into an "Interim
Design Guidelines" document that
would be adopted by City Council
Resolution.
Comment [110]: staffsugaests I
=.77
has in depth t hat mWent, F;al deletion of this provision an
a _PteFsat and s.
d
incorporation into an Interim
torn, OF an alternotmain desoon that Fneets this el�eefil le Design Guidelines" document that
by the Direet—W-
would be adopted by City Council I
Resolution. I
O. Porches. Front porches may extend into the front setback up to 6 feet
if all of the following standards are met.
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 fagade. Greater width may be approved pursuant to an
Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits.
CITY OF SEAL BEACH MUNICIPAL CODE
27
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART H: BASE DISTRICT REGULATIONS
Chapter 2.05., Residential Districts
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 11.2.05.015.0: Front Porch Projections.
Figure 11.2.05.015.0
Front Porch Projections
Fran[ Faxrb � i" .
Stairs m porch
112 facade width —
Facade widda —_a-
Required 6nnt yardsetb -xk
6 ' maxi mum ,croje: don
•4 'additional'
stairprioje:tion
i
Comment [Ili]: Staff
•--------------•-•---------•------ ------ ------------ ----- -- -- ---- --- ----------•-- -----: --- i suaaests deletion of this
ftEfflt
i
provision and incorooration
elevatieA Shall be Stepped bask fr-em the fFeRt aetbaek line a dist f - - 'Qnri into an "Interim Desion
c.,. s cf.,�. Guidelines" document that
would be adopted by
Abova 14 --f
City
Council Resolution.
CITY OF SEAL BEACH MUNICIPAL CODE
28
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PARTY: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Comment [112]: Staffsuoaests i
1 deletion of this provision and
Incorporation into an Interim
Design Guidelines" document that
1 would be adopted by CitV Council i
' Resolution. !
CITY OF SEAL BEACH MUNICIPAL CODE
29
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART H. BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
CITY OF SEAL BEACH MUNICIPAL CODE
30
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
. - --- ----- ------ ------ ----- - -- --- --- - - - - --
Comment (113]: Staffsuogests i
deletion of this provision and
=incorporation into an 'Interim
Design Guidelines" document that
would be adopted by City Council
I Resolution. i
CITY OF SEAL BEACH MUNICIPAL CODE
31
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
Chapter 2.05, Residential Districts
4apW 306ng Emffmw, Fortmnal Design Fewures.
Ac.-
Smelts Archliecual Comp-wem%
Encouraged Discouraged
EncouqAed
Infill sidence
Infill R 'dence
I
x t
IL
Encouraged
y Discouraged
CITY OF SEAL BEACH MUNICIPAL CODE
32
0
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
S. 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.S: Limits on
Multiple Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District.
Figure 11.2.05.015.S
Limits on Multiple Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District
T. 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.T: Limits on Curb Cuts, Driveways, and Front Yard Paving —
RLD -9 District.
CITY OF SEAL BEACH MUNICIPAL CODE
33
i
S
j
A
I
1
1
I
I
j
j
1
j
7
.l.c. 547WCM Nbe - j
!
j
20 or 35 foat front
a° a + d z drivavray wkith I
Yird iaS44Ci
i
j
t
- j
fir R r.r.
`
T. 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.T: Limits on Curb Cuts, Driveways, and Front Yard Paving —
RLD -9 District.
CITY OF SEAL BEACH MUNICIPAL CODE
33
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART /I. BASE DISTRICT REGULATIONS
Chapter Z05: Residential Districts
Figure 11.2.05.015.T
Limits on Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District
Modmum wdth
of driveway
ii
� F o n t y o r d
sveet Maximum of
one curb cut
I
I
i
I
f
I— Maximum or 5D%
of front yard area
j— may be paved
U. 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 11.2.05.015.0: Detached Garage Standards.
TABLE 11.2.05.015.0
DETACHED GARAGE STANDARDS
Maximum
Lot
District
Height (ft.)
Coverage
Location
(sq. 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
of lot with approval of an
RHD
15
__
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
34
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART /1. BASE DISTRICT REGULATIONS
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 facade. Exceptions may be allowed by Administrative Use Permit
pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.U.2:
Residential Districts — Limitations on Garage Frontage.
Figure 11.2.05.015.U.2
Residential Districts — Limitations on Garage Frontage
i-------- - - - - --
I
I
I
I
I
Garage
I
i4 x = facade length -�
No MM dnn 50 Percent of facade
length may be devoted to garage
Comment [114]: StaHsuggests I
M::=:=_ — deletion of this provision and I
incorporation into an "Interim
Design Guidelines" document that
would be adopted by City Council
Resolution,
CITY OF SEAL BEACH MUNICIPAL CODE
35
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART H: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
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
36
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
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 11.5.20: Development Permits. See Figure 11.2.05.015.U.6: Location of
Parking for Multi -Unit Dwellings.
Figure 11.2.05.015.U.6
Location of Parking for Multi -Unit Dwellings
--------------------------
- - - - -. -- - - - -.... — -
I
I
Parking in Rear Yard
I
I
Muft,fM y strumrre
I
I
i
---------------- - - - - -I
I I
IParking at grade h I
the rear portion of i
e ground floor ,
I
'- TI
`raiun
3otoraKeoac I
P''oPV4 iTl.
b. app.waa , i i
use pemrs s —j—
tnbby or ground floor unit I .
T
No par4np is
=.d wma
30 h d ere irmrc
or a -xr W.
praperq Me
EugpSOm nu}
6e:apmd vM�
CITY OF SEAL BEACH MUNICIPAL CODE
37
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
V. 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.
W. 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.Y: Open Space Requirements for applicable open
space requirements in the RLD -9 and RHD -20 Districts.
X. 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 11.2.05.015.1: Special
Requirements for Downslope Lots.
Comment [115]: Staff
suggests deletion of this
provision and incorporation
into an "Interim Design I
Guidelines" document that i
would be adopted by City I
i Council Resolution.
CITY OF SEAL BEACH MUNICIPAL CODE
38
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
that sush spsee iss se and leeated- as te be fully usable by the reside...-
the Single
E.,,.....t:.,., i.,. D11.[l °fin 1 ..a.. L...w al..... a� e
A& 1-4m An t1313 �g=Ic- foehil M-mej ho nonaddeun! no are
nomhum-finn of conand flow
Rem
deek&=e�e@Aies haven!
Q.- apen spaee aFea shall only be eel
FaquiFed shall Rat be limited by
shape FequiFern-ent.;
d. Oponness- Thwe shall be
a 1 ^^�.^^ A1 �1 A1 �ncC
IIA..r�•1EY4�I,k}' 0 6 FPF 5
Z. 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.
AA. 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
39
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART Il: BASE DISTRICT REGULATIONS
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.
BB. 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 height limit provisions of Table
11.2.05.015. The provisions of Section 11.2.05.015.H: Projections Beyond Height
Limits, are not applicable to roof decks.
CC. 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 OS /PR District.
CITY OF SEAL BEACH MUNICIPAL CODE
40
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART IL BASE DISTRICT REGULATIONS
Chapter 2.05. Residential Districts
§ 11.2.05.020 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
41
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II: BASE DISTRICT REGULATIONS
Chapter 2.05: Residential Districts
Page has been intentionally left blank
CITY OF SEAL BEACH MUNICIPAL CODE
42
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
Chapter 11.2.10 Commercial and Mixed -Use Districts
Sections:
§ 11.2.10.005
Applicability
§ 11.2.10.010
Land Use Regulations
§ 11.2.10.015
Development Standards
§ 11.2.10.020
Review of Plans
§ 11.2.10.005 Applicability.
The provisions of this Chapter are applicable to the following Zoning
Code district designations:
LC -RMD: Limited Commercial/ Residential Medium Density Zone.
To allow limited commercial and office uses in conjunction with residential
uses.
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.
§ 11.2.10.010 Land Use Regulations.
Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use
Districts prescribes the land use regulations for commercial and mixed -use
districts. The regulations for each district are established by letter designations
as follows:
"P" — Uses permitted as-of -right that require no discretionary review if in
compliance with all standards.
CITY OF SEAL BEACH MUNICIPAL CODE
41
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
"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
42
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Residential Use Types
See Section
Single Unit
11.2.10.015
Residential
P
--
L -1
—
—
and Section
11.4.05.060
Second Unit
—
--
--
—
—
Two -Unit Residential
P
_
L -1
--
—
(Duplex)
Multiple Unit
P
—
L -1
--
--
Residential
Family Day Care
Small Family
P
—
—
--
--
Large Family
C
C
—
C
C
See Section
11.4.05.045
Group Housing
--
C
—
—
--
Senior Citizen
--
--
--
—
—
Housing
Public, Semi - Public, and Service Use Types
Clubs and Lodges
--
—
—
C
C
See Section
11.4.05.080
Community Center
C
C
—
C
C
Community Social
C
—
C
C
Service Facilities
Cultural Institutions
--
C
--
C
C
See Section
11.4.05.080
Day Care Center
C
C
--
C
C
See Section
11.4.05.045
Government Offices
A
A
A
A
A
Hospitals and Clinics
Hospitals
--
C
—
C
C
Clinics
--
C
—
C
C
CITY OF SEAL BEACH MUNICIPAL CODE
43
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
I PO
MSSP
SC
GC
Additional
Regulations
Public, Semi - Public, and Service Use Types (Continued)
Park and Recreation
Facilities
P
P
P
P
P
Parking Facilities,
C
C
C
C
C
See Chapter
Public
11.4.20
Public Safety
A
A
A
A
A
Facilities
Religious Facilities
--
C
--
C
C
Residential Care
See Section
Facilities
11.4.05.105
Residential Care,
General
_
C
-
C
C
Residential Care,
_
C
-
C
C
Limited
Residential Care,
Senior
_
C
--
C
C
vate
Schools, Private
C
C
--
C
C
ee Section
11.4.05.080
Commercial Use Types
Adult Business
See Chapter
Establishments
_
__
_
P
11.4.50
Animal Sales and
Services
_
_
A
A
A
Artists' Studios
P
P
P
P
P
CITY OF SEAL BEACH MUNICIPAL CODE
44
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11 — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Commercial Use Types (Continued)
Automobile/Vehicle
Sales and Services
Automobile Rentals
—
--
--
A
A
Automobile/Vehicle
—
--
-_
--
P
Sales and Leasing
Automobile/Vehicle
--
—
--
C
C
See Section
Service and Repair,
11.4.05.040
Major
Automobile Service
Stations/Vehicle
_
_
__
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
nth Drive- Through
—
C
C
C
C
See Section
Facilities
11.4.05.050
Automated Teller
—
A
A
A
A
See Section
Machines (ATMs)
11.4.05.030
Building Materials and
Services
—
—
-_
-_
C
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
45
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS
LCJRMD
PO
MSSP
SC
GC
Additional
Regulations
Commercial Use Types (Continued)
Eating and Drinking
Establishments
Bars
-
--
C
C
C
Coffee House/
P; L -5;
Dessert Shop
-
_
L -6
P
P
Restaurants, Fast
See Section
Food
__
_
_
C
C
11.4.05.050
Restaurants, Full
-
--
P, C
P, C
P, C
See Section
Service
11.4.05.015
Restaurants,
See Section
Limited Service
_
P
P
P
11.4.05.015
Restaurants, Take
Out Only
_
P
A
A
With Drive - Through
C
C
See Section
Facilities
11.4.05.050
With Outdoor
See Section
Eating Areas
'-
--
A, C
A, C
A, C
11.4.05.090
Extended Hour
C
--
--
C
C
See Section
Business
11.4.05.055
Food and Beverage
Sales
Catering Services
--
--
--
—
P
Convenience
_
—
P, C
P, C
See Section
Market
11.4.05.015
General Market
P, C
P, C
P, C
See Section
11.4.05.015
Liquor Stores
C
C
C
See Section
11.4.05.070
Funeral Parlors and
Mortuaries
—
�-
—
--
P
Home Improvement
—
—
—
—
C
See Sections
11.4.05.090 and
Sales and Services
11.4.05.140
CITY OF SEAL BEACH MUNICIPAL CODE
46
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2. 10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS"
LCIRMD
PO
MSSP
SC
GC
additional
Regulations
Commercial Use Types (Continued)
Hotels and Motels
--
--
--
—
C
Kennel
--
--
--
C
C
Kiosks
--
--
--
A
A
See Section
11.4.05.065
Laboratories
--
P
L -2, L -3
P
P
Maintenance and
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
See Section
11.4.05.090
Large Format
See Section
--
_
--
P
P
11.4.05.140
Tattoo Establishments
--
_
__
—
C
See Chapter
11.4.65
Theaters
--
—
C
—
C
Light Manufacturing Use Types
Contractors' Yards
--
—
--
—
—
Handicraft/Custom
P
P
P
P
P
Manufacturing
Industry, Limited
--
—
--
—
--
Industry, General
--
--
--
—
—
CITY OF SEAL BEACH MUNICIPAL CODE
47
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2. 10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS'- COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Light Manufacturing Use Types (Continued)
Warehousing and
Storage
Indoor Commercial
Storage
-
—
Outdoor Storage
—
--
—
--
--
Personal Storage
—
--
—
--
—
Transportation, Communication, and Utility Use Types
Wireless
See Chapter
Communication
11.4.70
Facilities
Antennae and
Transmission
P, A, C
P, A,
P, A, C
P, A,
P, A,
Towers
C
C
C
Facilities Within
P, A, C
P, A,
P, A, C
P A,
P, A,
Buildings
C
C
C
Recycling Facilities
See Section
11.4.10.025
Recycling
_
_
C
C
Collection Point
Recycling
--
--
—
—
C
Processing Facility
Reverse Vending
P
P
P
P
P
Machines
Utilities, Major
Hazardous Waste
_
C
See Chapter
Facility
11.4.60
Utilities, Minor
P
P
P
P
P
CITY OF SEAL BEACH MUNICIPAL CODE
48
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.010 (Continued)
USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Agriculture Use Types
Nurseries
I —
I —
I P
P
P
Other Applicable Use Regulations
Accessory Use
See Section 11.4.05.010: Accessory Business Uses and
Activities
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses, Structures, and
Lots
Temporary Use
See Chapter 11.5.25: Director Determinations
Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40:
L -1
Nonconforming Uses, Structures, and Lots
Not allowed on the ground floor along Main Street without a Conditional
L -2
Use Permit; allowed on side streets as a permitted use
L -3
If on the ground floor along Main Street permitted if an existing use; new
uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures,
and Lots
L -4
Bakery production sold at retail on premise
L -5
Permitted use if less than 1,000 square feet and less than 10 seats
L -6
Administrative Use Permit required if 1,000 square feet or more and 10 seats or
more
§ 11.2.10.015 Development Standards.
Table 11.2.10.015: Development Standards — Commercial and Mixed -
Use Districts prescribes the development standards for the commercial and
mixed use districts. The "Additional Regulations" column indicates more detailed
explanations or regulations that follow the table (by letter designation) or that are
located elsewhere in this Zoning Code.
CITY OF SEAL BEACH MUNICIPAL CODE
49
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// — BASE DISTRICT REGULATIONS
Chapter 11.2. 10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015
DEVELOPMENT STANDARDS —
COMMERCIAL AND MIXED -USE DISTRICTS
LCfRMD
PO
MSSP
SC
GC
Additional
Regulations
Lot Size and Density
Minimum Lot Size
2,500
7,000
2,750
7,000
10,000
(sq. ft.)
Maximum Floor
Area Ratio
0.90
--
—
--
--
Maximum
Residential Density
— lot area per unit
(sq. ft.)
Base Density
2,500
--
--
--
--
(A)
Density for Mixed
Use
2,000
—
--
—
--
(A)
Development
See Chapter
Density —
See
11.4.55:
Affordable
Additional
—
--
__
__
Affordable
Housing Bonus
Regulations
Housing
Bonus
Building Form and Location
Maximum Building
Height (ft.)
35
35
30
35
35
(B)
Building Setback on
Street Frontages
varies
varies
varies
varies
varies
(C)
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
50
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015 (Continued)
DEVELOPMENT STANDARDS -
COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Landscaping and Open Space
Public Open Space
Yes
(E)
Minimum lot area
5%
10%
0%
10%
10%
See Chapter
11.4.30:
to be landscaped
Landscaping
and Buffer
Yards
Minimum required
front yard area to
60%
-
-
--
-
be landscaped
Circulation and Parking
Limitations -
Yes
(F)
Location of Parking
Limitations on Curb
Yes
(G)
Cuts
Limitations -
Location of Truck
Yes
(H)
Docks; Loading and
Service Areas
Off - Street Parking
Yes
See Chapter
and Loading
11.4.20: Off -
Street
Parking and
Loading
Reduced Parking
Yes
See Chapter
Requirements
11.4.20: Off -
Street
Parking and
Loading
CITY OF SEAL BEACH MUNICIPAL CODE
51
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015 (Continued)
DEVELOPMENT STANDARDS —
COMMERCIAL AND MIXED -USE DISTRICTS
LC/RMD
PO
MSSP
SC
GC
Additional
Regulations
Building Design
;Building Design_
Features-----------------------------
Y�es ----------------------------- - - - - --
---------(1)--------
Blan Walls
-------------- - - - - --
---------------------------- - - - - -- Yes----------------------------- - - - - --
--------- (J)--- - - - - --
Building
Orientation
Yes
(K)
,Ground Floor
- -------------------------------------------- Requirementnts
- es----------------------------- - - - - --
---------(L7--------
Building
Transparency (%
60%
60%
70%
60%
50%
(M)
of linear street
frontage with
openings into
occupied space)
Special Requirements for Residential Development
Open Space (sq.
100
--
--
--
--
(N)
ft. per unit)
Side and Rear
Yes
--
--
--
--
(0)
Yard Setbacks
Other Applicable Development Standards
Consistency with Council Adopted Design
(P)
Guidelines, Area Plans, or Specific Plans
Pedestrian Access to Buildings Setback
(0)
from the Street
Projections in to Required Yards and
(R)
Above the Height Limits
General Site Standards
See Chapter 11.4.10: General Site
Standards
Fencing
See Chapter 11.4.15: Fences, Hedges,
and Walls
CITY OF SEAL BEACH MUNICIPAL CODE
52
Comment [I3]: Staffsugaests
deletion of this Provision and
incorporation into an `Interim
Design Guidelines" document that
would be adopted by City Council
Resolution. Existing provisions in
Chapter 28 regarding the Main
Street Specific Plan District would
be retained.
Comment [12]: Staffsuggests
deletion of this provision and
incorporation into an Interim
Design Guidelines" document that
would be adopted by City Council
Resolution. Existing provisions in
Comment [13]: Staff suggests
deletion of this provision and
incorporation into an Interim
Design Guidelines" document that
would be adopted by City Council
Resolution. Existing provisions in
Chapter 28 regarding the Main
Street Specific Plan District would
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015 (Continued)
DEVELOPMENT STANDARDS —
COMMERCIAL AND MIXED -USE DISTRICTS
5,000 sq. ft. or less
LC /RMD
PO
MSSP
SC
GC
Additional
Regulations
Other Applicable Development Standards
Parking and Loading
See Chapter 11.4.20: Off - Street Parking
and Loading
Signs
See Chapter 11.4.25: Sign Regulations
Landscaping and Buffer Yards
See Chapter 11.4.30: Landscaping and
Buffer Yards
Coastal Development Permit
See Chapter 11.4.35: Coastal
Development Permit
Nonconforming Structures and Lots
See Chapter 11.4.40: Nonconforming
Uses, Structures, and Lots
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
11.2.10.015.A: Non - Residential FAR — LC -RMD District.
TABLE 11.2.10.015.A
NON - RESIDENTIAL FAR - LC -RMD DISTRICT
Lot Size
Maximum FAR
5,000 sq. ft. or less
0.90
More than 5,000 sq. ft.
0.75 - minimum 4,500 sq. ft.
2. Density Bonus for Mixed Use Projects. See Chapter
11.4.55: Affordable Housing Bonus regarding allowable density bonus programs.
CITY OF SEAL BEACH MUNICIPAL CODE
53
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART ll — BASE DISTRICT REGULATIONS
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 11.2.10.015.B: Building Height— Commercial and Mixed -Use Districts.
TABLE 11.2.10.015.8
BUILDING HEIGHT —
COMMERCIAL AND MIXED -USE DISTRICTS
Commercial District
Height
LC -RMD District
Lots less than 37.5 feet in width
30 feet
Lots greater than 37.5 feet in
width
Front % of lot
25 feet, 2 story maximum
Rear % of lot
35 feet, 3 story maximum
PO District
District 1
30 feet
District lI
35 feet
MSSP District
30 feet, 2 story maximum
SC District
District /
30 feet, 3 story maximum
District 11
35 feet, 3 story maximum
GC District
District /
30 feet, 3 story maximum
District ll
35 feet, 3 story maximum
District VI
35 feet, 3 story maximum
1. Additional Height. Additional height may be allowed at
specific locations designated in design guidelines, planned unit developments, or
specific plans adopted by the City Council.
CITY OF SEAL BEACH MUNICIPAL CODE
54
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART lI — BASE DISTRICT REGULATIONS
Chapter 11.2.10— Commercial and Mixed Use Districts
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 11.2.10.015.C.1: Building
Setbacks from Street Frontages — Commercial and Mixed -Use Districts, Table
11.2.10.015.C.2: Building Setbacks from Alleys — Commercial and Mixed -Use
Districts, and Table 11.2.10.015.C.3: Building Setbacks from Interior Lot Lines —
Commercial and Mixed -Use Districts.
CITY OF SEAL BEACH MUNICIPAL CODE
55
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART /I —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015.C.1
BUILDING SETBACKS FROM STREET FRONTAGES -
COMMERCIAL AND MIXED -USE DISTRICTS
Commercial District
Street Frontage Building Setback
LC -RMD District
Commercial Use
6 foot average; 3 foot minimum
Side Street
10% lot width; 5 foot maximum
Residential Use
12 foot average; 6 foot minimum
Side Street
10% lot width; 8 foot maximum
PO District
District 1
10 feet minimum
Side Street
15% lot width; 3 foot minimum; 10 foot
maximum
District 11
18 feet minimum
Side Street
15% lot width; 5 foot minimum; 15 foot
maximum
MSSP District
0 feet
SC District
District 1
0 feet
District 11
35 feet, 3 story maximum
Side Street
15% lot width; 6 foot maximum
Rear Street
6 feet minimum
GC District
District I
0 feet
District Il
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
56
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015.C.2
MINIMUM BUILDING SETBACKS FROM ALLEYS -
COMMERCIAL AND MIXED -USE DISTRICTS
Commercial District
Minimum Setback Distance
from Alley
LC -RMD District
Commercial Structure
Rear Alley
22 feet
Side Alley
4 feet
Residential Structure (includes
garage)
15 foot wide alley
9 feet
12 foot wide alley
12 feet
13 foot wide alley
11 feet
Second Story and Above
May encroach' / the required first floor
setback
PO District
District i
15 foot wide rear alley
9 feet
12 foot wide rear alley
12 feet
13 foot wide rear alley
11 feet
Side alley
4 feet
District ll
Rear alley
0 feet
Side alley
0 feet
MSSP District
Rear Alley
22 feet
Side Alley
4 feet
CITY OF SEAL BEACH MUNICIPAL CODE
57
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART /I — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015.C.2 (Continued)
MINIMUM BUILDING SETBACKS FROM ALLEYS -
COMMERCIAL DISTRICTS -
Commercial District
Minimum Setback Distance
from Alley
SC District
District I
Rear alley
22 feet
Side alley
4 feet
District ll
Rear alley
4 feet
Side alley
4 feet
GC District
District I
Rear alley
22 feet
Side alley
4 feet
District H
Rear alley
4 feet
Side alley
4 feet
District VI
Rear alley
4 feet
Side alley
4 feet
CITY OF SEAL BEACH MUNICIPAL CODE
58
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.10— Commercial and Mixed Use Districts
TABLE 11.2.10.015.C.3
BUILDING SETBACKS FROM INTERIOR LOT LINES -
COMMERCIAL AND MIXED -USE DISTRICTS
Commercial District
Setback Distance from
Interior Lot Lines
LC -RMD District
Commercial Structure
0 feet
Residential Structure (includes
garage)
3 feet minimum, 10 feet maximum
PO District
District I
Side yard
10% lot width; 10 feet maximum
Rear yard
10 feet minimum
District H
Side yard
10% lot width; 15 feet maximum
Rear yard
18 feet minimum
MSSP District
Side yard
0 feet
Rear yard
10% lot width; 10 feet maximum
SC District
District I
Side yard
0 feet
Rear yard
10% lot width; 5 feet minimum, 10 feet
maximum
District I/
Side yard
0 feet
Rear yard
6 feet minimum
CITY OF SEAL BEACH MUNICIPAL CODE
59
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART/1 — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
TABLE 11.2.10.015.C.3 (Continued)
BUILDING SETBACKS FROM INTERIOR LOT LINES -
COMMERCIAL DISTRICTS
Commercial District
Setback Distance from
Interior Lot Lines
GC District
District I
Side yard
0 feet
Rear yard
0 feet
District H
Side yard
0 feet
Rear yard
6 feet minimum
District VI
Side yard
10% lot width; 10 feet maximum
Rear yard
18 feet minimum
1. Building Setbacks and Landscaping Adjacent to Front
Property Line.
a. LC -RMD and MSSP Districts. Buildings in the LC-
RMD and MSSP districts shall be located between zero and 10 feet from
property lines facing a street, for at least 80 percent of the linear street frontage
of the property. See Figure 11.2.10.015.C.1.a: Building Setback on Streets - LC-
RMD and MSSP Districts. Up to 25% of the area between the property line and
the building may be landscaped, subject to the following standards; all other
setback areas shall be paved for public use.
i. Landscaping along the building frontage
shall not exceed a depth that prevents pedestrian access up to building
windows or detracts from a pedestrian street frontage, generally 2 feet.
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
60
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART //—BASE DISTRICT REGULATIONS
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
=, _ .... ... x
BuJdngs mAt ba loaced !)ecween
0 and 10 fee( from frwr plope• ty
Ina f61 eL I bL 80% of f1011L2ye.
Sre.
1
1
! 10 focc n"mum badckT sea. -k
as sweet L'era_ges. Ac kasi 75»
,—... .. • rest Se pavtd.
. t
Figure 11.2.10.015.C.1.b
Building Setback on Streets — PO District
lox • X—•;
' Suif: inp m jx; be Igcaaed bet+roron
C ud 10 Free `.rom frcn: proP;ry
line for at Icas( lox or fmmv.
APIA
=�wLJL
I
Sd^Lxt
I
- Y + 10 Lmat maximum bltikfinr setback
'I ( an street frwtapm May be paw d or
fendssapet.
CITY OF SEAL BEACH MUNICIPAL CODE
61
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 1I — BASE DISTRICT REGULATIONS
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
62
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
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
CommerdaOMxed Use Zone
Maximum
Height 50 it
(requires CUP
in CC Zone)
Residential Zone _ RM
Minimum Minimum
FmntYard FromYard
Required for 10 it
Residential
Zone: 10 ft
CommeroallMixed Use Rear Yard Abutting Rear Yard of Residential
Maximum
Height 50 it
(requires CUP
in CC Zone)
CommercialWixed Use Zone I Residential Zone - RrA
Mimmum
RearYard Rear Yard
Required for 15 ft
Residential
Zone: 15 it
CITY OF SEAL BEACH MUNICIPAL CODE
63
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
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, and /or landscaping.
ii. The site is small and constrained such that
underground parking or surface parking located more than 40 feet from street
frontages is not feasible.
3. Additional Parking Facility Requirements. See Chapter
11.4.20: Off - Street Parking and Loading for additional parking facility
requirements.
CITY OF SEAL BEACH MUNICIPAL CODE
64
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PARTY -BASE DISTRICT REGULATIONS
Chapter 11. 2. 10 - Commercial and Mixed Use Districts
Figure 11.2.10.015.F
Limitations on Parking and Curb Cuts
Maximum Curb Cut Width
t:np"� behind surface loo;
—,d, htowards he of �e
property.
_jj
..Sid.
.Ah 25 ft
Maximum Number crCrb Cm
parWr" undergound. Mdd
W ._1. wrface Im
towards the rear of the properly.
H.— —1 ld*, 25 ft
Curb Cuts on Comer Properties
Lone parldng undergoundbehind
cammertal f ';=rt
towards the roar rf I— ----------
Property.
T_2S
S_
CITY OF SEAL BEACH MUNICIPAL CODE
65
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
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
11.2.10.015.F: Limitations on Parking and Curb Cuts.
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 and /or service area better protects the
pedestrian environment of the commercial district and /or better shields adjoining
residential neighborhoods from noise and visual impacts.
1. Exception — MSSP District. Truck docks are not permitted
in the MSSP District. All loading and service shall be accomplished from either
Main Street or the alleyways in such a manner as to not impede traffic to the
maximum extent practicable.
CITY OF SEAL BEACH MUNICIPAL CODE
66
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
Illli+!' d N5YYNIMRYf�I �I
all . -i1FYMl,
.... YlAilllMilll
��dIYYY�MY1.lYI11111Y: _
CITY OF SEAL BEACH MUNICIPAL CODE
67
Comment [I4]: Staffsuagests
deletion of this provision and
incorporation into an "Interim
Design Guidelines" document that
would be adopted by City Council
Resolution. Existing provisions in
Chapter 28 regarding the Main
Street Specific Plan District would
be retained.
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11 — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
�errrt :rtes- mi= r_�r..r.�r:r_�r_Ttz _
m one third of roof orea has a change in pitch, plane,
orientation. Example o f variety in roof forms.
I • may+' +� f-; - -
s
• • r.
CITY OF SEAL BEACH MUNICIPAL CODE
68
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.10— Commercial and Mixed Use Districts
..
.. ._
CITY OF SEAL BEACH MUNICIPAL CODE
69
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART It — BASE DISTRICT REGULATIONS
Chapter 11.2. 10 — Commercial and Mixed Use Districts
C
• ■1'S�i�Z17Sf!YIT,� Z1Ti�,�i1T.....
CITY OF SEAL BEACH MUNICIPAL CODE
70
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2. 10 — Commercial and Mixed Use Districts
J.
CITY OF SEAL BEACH MUNICIPAL CODE
71
Comment [15]: Staff suagests
deletion of this provision and
incorporation into an Interim
Desion Guidelines" document that
would be adopted by City Council
Resolution. Existing orovisions in
Chapter 28 regarding the Main
I Street Specific Plan District would
1 be retained.
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART 11- BASE DISTRICT REGULATIONS
Chapter 11.2.10 - Commercial and Mixed Use Districts
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
-- ' -
1. High Qualky Building Matffia'G- SUildincl rn-ilzc 8 Fall; "red
on 0he gFound -hall be high quality dwable=Fmatapkal�-'17
CITY OF SEAL BEACH MUNICIPAL CODE
72
Comment [I6]: Staffsuguests
deletion of this provision and
incorporation into an "Interim
Design Guidelines" document that
would be adopted by City Council
Resolution. Existing provisions in
Chapter 28 regarding the Main
Street Specific Plan District would
be retained
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010
PART ll - BASE DISTRICT REGULATIONS
Chapter 11.2.10 - Commercial and Mixed Use Districts
--
M--s
w
• �- - - - -
low•
• • ON
Greater level of
articulation on
ground floor
E- Rr
Minimum building transparency.
60% of frontage with views to interior
:�- High quality building
materials: concrete
stone, tile, masonry
Minimum 2 ft base of
high quality durable
materials - not glass
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.
O. Required Side and Rear Yards for Residential Uses. In order to
provide light and air for residential units, the following minimum setbacks apply
CITY OF SEAL BEACH MUNICIPAL CODE
73
Comment [I7]: Staffsuaaests
deletion of this provision and
incorporation into an Interim
Desian Guidelines" document that
would be adopted by City Council
Resolution.
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART lI — BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
for any side or rear yard not fronting a street. When the site is adjacent to a
residential district, the standards of subsection 11.2.10.015.D - Minimum Yard
Requirements: Building Transition Zone Adjacent to Residential Districts,
above also apply, and the project must comply with whichever standard is
stricter. The length of the required setbacks must be at least the width of the
window plus 3 feet on either side and never less than 10 feet:
1. 5 feet for any wall with windows.
2. 10 feet for any wall with bedroom or kitchen windows.
3. 15 feet for any wall with living room or other primary
windows.
4. The building shall be set back 1 foot for every 2 feet of
height above 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
SEC770N
l I 1 1 1
MIn. Min. i �I •'
Isfc 10 ft. Sh!I —'
i L�1
i
Primary Living Bedroom and All Other
Area Wmdows Kitchen Windows Windows
PLAN
Primary Citing Bedroom and All Omer
AreaWmdows Knchen Windows
Windows Length of the setback must
i • be at Mast the width of
the window plus 3 feet on
each side.and never less
Mm. -- 1 than 10 feet.
Is =. Min. -Y! +- Mhn.3
10 R on each side + Min.
!_— _— _— _______ h —`�! 5k
Adjacent Property Mhn.
10 ft.
CITY OF SEAL BEACH MUNICIPAL CODE
74
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
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.
Q. Pedestrian Access to Buildings Set Back from the Street. If an
Administrative Use Permit is approved for buildings in the LC /RMD 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 (i.e. at driveways), the auto and
pedestrian paths shall be separated from each other by a curb. The pedestrian
access shall be integrated with the parking lot landscaping so as to provide a
shaded walkway.
3. To Transit. Safe
shall be provided from transit stops to
and pedestrian walkways. Sidewalk
required at potential bus stops.
and convenient pedestrian connections
building entrances with public sidewalk
"bulb-outs" or bus "pull- outs" may be
4. Pedestrian Walkway Design.
a. Primary pedestrian routes and access points shall be
specially treated and include trees at regular intervals, adequate fighting, 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:
a. Architectural Features. Architectural features, such
as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and
CITY OF SEAL BEACH MUNICIPAL CODE
75
DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.10 — Commercial and Mixed Use Districts
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.
ow------------- - -------- - -------- - - -------
- -- - - - - - - - - - - - - - - -
b.
§ 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
76
Comment [18]: Provisions
deleted based on City Council
adoption of Zone Text Amendment
10-2 on May 10, 2010.
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
Chapter 11.2.15 Light Manufacturing and Oil Extraction Districts
Sections:
§ 11.2.15.005
Applicability
§ 11.2.15.010
Land Use Regulations
§ 11.2.15.015
Development Standards
§ 11.2.15.020
Review of Plans
§ 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.
§ 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
77
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART// — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
"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.
TABLE 11.2.15.010
USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION
DISTRICTS
LM
OE
Additional Regulations
Light Manufacturing Use Types
Contractors' Yards
C
--
Drilling Operations
--
C
Limited to the extraction of
oil, gas, or other
hydrocarbon products
Handicraft/Custom Manufacturing
P
--
Manufacturing, Light
P
--
Manufacturing, Medium
P
--
Maintenance Yards, Outside
C
C
See Section 11.4.05.090
Separation Facilities
__
C
Limited to oil and gas
separation facilities.
Storage Tanks
A
C
Veterinary Hospital
A
--
Warehousing and Storage
P
--
Indoor Commercial Storage
P
--
Outdoor Storage
C
--
See Section 11.4.05.090
Personal Storage
C
--
CITY OF SEAL BEACH MUNICIPAL CODE
78
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.15.010 (Continued)
USE REGULATIONS - LIGHT MANUFACTURING AND OIL EXTRACTION
DISTRICTS
LM
I OE
I Additional Regulations
Transportation, Communication and Utility Use Types
Wireless Communication Facilities
C
C
See Chapter 11.4.70: Wireless
Telecommunications Facilities
Antennae and Transmission
Towers
C
C
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
Agriculture Use Types
Nurseries
P
--
Other Applicable Use Regulations
Accessory Use
See Section 11.4.05.010: Accessory Business
Uses and Activities
Temporary Use
See Chapter 11.5.25: Director Determinations
§ 11.2.15.015 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
79
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts
TABLE 11.2.15.015
DEVELOPMENT STANDARDS — LIGHT MANUFACTURING AND OIL
EXTRACTION DISTRICTS
LM
OE
Additional Regulations
Lot Size and Density
Minimum Lot Size (sq. ft.)
10,000
--
Width
100
Depth
100
Maximum Floor Area Ratio
5.0
Building Form and Location
Maximum Building Height (ft.)
Site less than 10 acres
35
Site more than 10 acres
75
Accessory Structure (ft)
Site less than 10 acres
15
Site more than 10 acres
20
Minimum Yard Requirements (ft)
Front Yard
15
Side Yard
Abutting Street
15
Interior Lot Line
15
Rear Yard
Abutting Street
15
Interior Lot Line
15
Landscaping and Open Space
Minimum lot area to be landscaped
10%
10%
Minimum required front yard to be
landscaped
70%
--
CITY OF SEAL BEACH MUNICIPAL CODE
80
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.15.015 (Continued)
DEVELOPMENT STANDARDS — LIGHT MANUFACTURING AND OIL
EXTRACTION DISTRICTS
Other Applicable Development Regulations
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.
Inq 1,7VAIM-r-M- H offi
• •
CITY OF SEAL BEACH MUNICIPAL CODE
81
Comment [I3]: Staffsuggests
deletion of this entire section and
incorporation into an `Interim
Design Guidelines" document that
would be adopted by City Council
Resolution.
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
50 ft
4I Repeated pattern of offsets of smaller depth
I
Soft
Offset of significant depth
min.
i
50 4
—�
2 ft.
min.
50 ft
4k
r
2 ft.
I�B tc I I
min. 1 I `
50 k 25 ft 25 k
CITY OF SEAL BEACH MUNICIPAL CODE
82
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART ll — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
CITY OF SEAL BEACH MUNICIPAL CODE
83
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
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. Comment [12]: Section has
::-7 ----------------------
-------- - - - - -" been deleted pursuant to City
StaiF towers, + + flagpoles, + Council adoption of Zone Text
tanks, and Feet + building makinted WiFeleSS WOW , Amendment 10 -2 on May 10,
2010.
•
E. Other Applicable Development Regulations. The following
regulations shall also apply:
❑ General Site Standards See Chapter 11.4.10
❑
Fences, Hedges, and Walls
See Chapter 11.4.15
❑
Off - Street Parking and Loading
See Chapter 11.4.20
❑
Sign Regulations
See Chapter 11.4.25
❑
Landscaping and Buffer Yards
See Chapter 11.4.30
❑
Coastal Development Permit
See Chapter 11.4.35
❑
Nonconforming Uses, Structures, and Lots
See Chapter 11.4.40
CITY OF SEAL BEACH MUNICIPAL CODE
84
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
§ 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
85
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
Page has been intentionally left blank
CITY OF SEAL BEACH MUNICIPAL CODE
86
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
Chapter 11.2.20 Public and Semi - Public Facilities Districts
Sections:
§ 11.2.20.005
Applicability
§ 11.2.20.010
Land Use Regulations
§ 11.2.20.015
Development Standards
§ 11.2.20.020
Review of Plans
§ 11.2.20.005 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.
§ 11.2.20.010 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:
"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 11.2.20.010: 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
87
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART// — BASE DISTRICT REGULATIONS
Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts
"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.
TABLE 11.2.20.010
USE REGULATIONS — PUBLIC AND SEMI- PUBLIC FACILITIES DISTRICTS
PS
I RG
Additional Regulations
Residential Use Types
Single -Unit Residential
__
C
See Chapter 11.2.05 and only
in conjunction with a golf
course
See Chapter 11.2.05 and
Multiple -Unit Residential
__
C
Section 11.4.05.110 and only
in conjunction with a golf
course
Public, Semi - Public, and Service Use Types
Cemeteries
C
--
Limited to facilities for
Clubs and Lodges
C
--
nonprofit organizations and
governmental buildings and
uses.
Community Center
C
--
Community Social Service Facilities
--
Cultural Institutions
C
--
Day Care Centers
C
P
P - Only in conjunction with
a golf course facility
Government Offices
C
--
CITY OF SEAL BEACH MUNICIPAL CODE
88
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART ll —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.20.010 (Continued)
USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS
PS
I RG
Additional Regulations
Public, Semi - Public, and Service Use Types (Continued)
Park and Recreation Facilities
P
P
Parking Facilities, Public
L -1
L -2
See Chapter 11.4.20: Off -
Street Parking and Loading
Public Maintenance and Service
A
Facilities
Public Safety Facilities
A
--
Commercial Use Types
Only as an accessory use,
Driving Range
--
C
when in connection with a
private golf course.
Eating and Drinking Establishments
--
Restaurants, Full Service
Only as an accessory use,
Restaurants, Limited Service
C
C
when in connection with a
Restaurants, Take Out Only
club, lodge, or private golf
course.
See also Sections
11.4.05.015 and
11.4.05.090.
Golf Course, Private
--
C
Clubhouse
--
C
Conference Facilities
--
C
Parking Facilities
__
P
See Chapter 11.4.20: Off -
Street Parking and Loading
Only as an accessory use,
when in connection with a
Personal Improvement Services
--
C
club, lodge, or private golf
course.
CITY OF SEAL BEACH MUNICIPAL CODE
89
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART ll — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.20.010 (Continued)
USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS
PS
I RG
I Additional Regulations
Transportation, Communication, and Utility Use Types
Communication Facilities
C
C
See Chapter 11.4.70: Wireless
Telecommunications Facilities
Utilities, Major
C
C
Utilities, Minor
C
C
Other Applicable Use Regulations
Accessory Use
See Section 11.4.05.010: Accessory Business
Uses and Activities
Nonconforming Use
See Chapter 11.4.40: Nonconforming Uses,
Structures, and Lots
Temporary Use
See Chapter 11.5.25: Director Determinations
L -1: 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
§ 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
90
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
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. The following
regulations shall also apply:
❑ General Site Standards
❑ Fences, Hedges, and Walls
❑ Off - Street Parking and Loading
❑ Sign Regulations
❑ Landscaping and Buffer Yards
❑ Coastal Development Permit
§ 11.2.20.020 Review of Plans.
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
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
91
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART ll — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
Page has been intentionally left blank
CITY OF SEAL BEACH MUNICIPAL CODE
92
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART lI — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
Chapter 11.2.25 Open Space, Parks, and Recreation Districts
Sections:
§ 11.2.25.005
Applicability
§ 11.2.25.010
Limits on Calculation of Parks
§ 11.2.25.015
Land Use Regulations
§ 11.2.25.020
Development Standards
§ 11.2.25.025
Review of Plans
§ 11.2.25.005 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.
§ 11.2.25.010 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.
§ 11.2.25.015 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.
"L" — 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
93
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART// —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
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.
TABLE 11.2.25.015
USE REGULATIONS -.OPEN SPACE AND PARKS DISTRICTS
OS - N
OS - PR
Additional
Regulations
Public, Semi - Public, and Service Use Types
Cemeteries
—
C
Clubs and Lodges
--
—
Community Center
—
L -1
Cultural Institutions
—
C
See Section 11.4.05.080
Day Care Centers
—
C
See Section 11.4.05.045
Park and Recreation Facilities
L -2
P
See Chapter 11.4.20:
Parking Facilities, Public
L -1
L -1
Off - street Parking and
Loading
For the accommodation
of operations which are
Public Safety Facilities
A
A
essential to the maintenance of public
safety, including fire
stations.
CITY OF SEAL BEACH MUNICIPAL CODE
94
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.25.015 (Continued)
USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS
OS - N
OS - PR
Additional
Regulations
Public, Semi - Public, and Service Use Types (Continued)
Commercial Use Types
Commercial Recreation
Large -Scale (Greater Than 20,000
_
C
Sq. Ft.)
Small -Scale (Less Than 20,000 Sq.
_
A
Ft.)
Eating and Drinking Establishments
Restaurants, Full Service
Limited only to
Restaurants, Limited Service
_
A
concessions for snacks
Restaurants, Take Out Only
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
Limited only to
concessions for snacks
Convenience Market
—
A
and beverages as an
accessory use in
connection with any
other authorized use.
Limited only to
concessions for snacks
General Market
—
A
and beverages as an
accessory use in
connection with any
other authorized use.
CITY OF SEAL BEACH MUNICIPAL CODE
95
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART II — BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
TABLE 11.2.25.015 (Continued)
USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS
OS - N
OS - PR
Additional
Regulations
Transportation, Communication, and Utility Use Types
See Chapter 11.4.70:
Communication Facilities
Wireless
Telecommunications
Facilities
Utilities, Major
C
C
Utilities, Minor
j A j
A
Agricultural Use Types
Crop Raising
A
A
Nurseries
L -1
L -1
Other Use Types
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
96
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART ll —BASE DISTRICT REGULATIONS
Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts
§ 11.2.25.020 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. The following
regulations shall also apply:
❑ General Site Standards See Chapter 11.4.10
•
Fences, Hedges, and Walls
See Chapter 11.4.15
•
Off - Street Parking and Loading
See Chapter 11.4.20
❑
Sign Regulations
See Chapter 11.4.25
❑
Landscaping and Buffer Yards
See Chapter 11.4.30
❑
Coastal Development Permit
See Chapter 11.4.35
❑
Nonconforming Uses, Structures, and Lots
See Chapter 11.4.40
CITY OF SEAL BEACH MUNICIPAL CODE
97
REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008
PART 11— BASE DISTRICT REGULATIONS
Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts
§ 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
98
ATTACHMENT 12
PROPOSED "INTERIM COMMUNITY GUIDELINES"
INTERIM
COMMUNITY
GUIDELINES
Draft
June 14, 2010
City of Seal Beach
SEAi�
of d -of°'
Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
`Ry�INTr. CP
Information: (562) 431 -2527 FAX: (562) 430 -8763
INTERIM
COMMUNITY
GUIDELINES
Draft
June 14, 2010
DE S1-1 B
+�;,oF,�
City of Seal Beach
Department of Development Services
^ANTS
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 FAX: (562) 430
-2527 -8763
Interim Community Guidelines
STAFF CONTACTS
Carmen Alvarez, Executive Assistant
Phone: (562) 431 -2527, Ext 1324
E -Mail: calvarez @ci.seal - beach.ca.us
Jerry Olivera, AICP, Senior Planner
Phone: (562) 431 -2527, Ext 1316
E -Mail: jolivera @ci.seal- beach.ca.us
Mark Persico, AICP
Director of Development Services
Phone: (562) 431 -2527, Ext 1313
E -Mail: mpersico @ci.seal- beach.ca.us
Draft —June 14, 2010
Purpose of Community Guidelines
The Community Guidelines allow for construction of new residential,
commercial, mixed -use, and industrial projects with maximum architectural
freedom while recognizing that community character and context matter. The
Guidelines convey a set of clear and concise community goals and desires
related to new construction.
The intent of these guidelines is to retain and encourage architectural
variety, promote quality development, and ensure that new development:
❑ Is compatible in size, scale, and appearance with the character of
Seal Beach.
❑ Is attractive and an asset to the community.
❑ Considers incorporation of quality articulation, multiple building
forms, desirable building details, and other elements that display
excellence in design.
❑ Provides pedestrian- oriented design to enrich the pedestrian
experience.
❑ Promotes the use of high quality materials
The guidelines have been written to make it easy for a property owner, architect,
developer, and City staff, to use. The guidelines describe desirable architectural
design concepts for consideration by a property owner and architect for
residential, commercial, industrial, and mixed -use projects.
The guidelines serve as an information tool that can provide a link between a
property owner, the designer or developer, and the City and will clarify the
desired aspects of quality design for Seal Beach.
The following guidelines are intended to provide a general framework for design,
and do not mandate specific architectural styles, themes, or details.
Draft —June 14, 2010
City of Seal Beach
iot SEA'B�f
Department of Development Services
o; tRa
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Purpose of Community Guidelines
The Community Guidelines allow for construction of new residential,
commercial, mixed -use, and industrial projects with maximum architectural
freedom while recognizing that community character and context matter. The
Guidelines convey a set of clear and concise community goals and desires
related to new construction.
The intent of these guidelines is to retain and encourage architectural
variety, promote quality development, and ensure that new development:
❑ Is compatible in size, scale, and appearance with the character of
Seal Beach.
❑ Is attractive and an asset to the community.
❑ Considers incorporation of quality articulation, multiple building
forms, desirable building details, and other elements that display
excellence in design.
❑ Provides pedestrian- oriented design to enrich the pedestrian
experience.
❑ Promotes the use of high quality materials
The guidelines have been written to make it easy for a property owner, architect,
developer, and City staff, to use. The guidelines describe desirable architectural
design concepts for consideration by a property owner and architect for
residential, commercial, industrial, and mixed -use projects.
The guidelines serve as an information tool that can provide a link between a
property owner, the designer or developer, and the City and will clarify the
desired aspects of quality design for Seal Beach.
The following guidelines are intended to provide a general framework for design,
and do not mandate specific architectural styles, themes, or details.
Draft —June 14, 2010
City of Seal Beach
SEA('°`
°f'�y Department of Development Services
Ag 211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Overview
Any good design should take into consideration fundamental design principals
including continuity, mass, scale, rhythm, and proportion. All new buildings and
remodels should incorporate 360- degree architecture, which is encouraged to
consider the full articulation of all building facades, including variation in massing,
roof forms, wall planes, and surface articulation.
The following guidelines are intended to provide a general framework for design,
and do not mandate specific architectural styles, themes, or details.
Residential District Community Guidelines
A. RLD -9 District — Ratio of Second Floor to First Floor. In the
RLD -9 District, a ratio of second floor living area to first floor building area of
75% is recommended, except for the RLD -9 District area along Ocean
Avenue between First Street and Eighth Street, which does need to consider
such a ratio..
B. RLD -9 District - Minimum Rear Yards. In the RLD -9 District,
a minimum rear yard setback of 15 feet is recommended, except for the
RLD -9 District area along Ocean Avenue between First Street and Eighth
Street, which has a 96 -foot rear yard setback requirement.
1. Reduced Rear Yard — RLD -9 District. The
recommended rear yard setback set forth above may be reduced to 10 feet
for single -story portions of single -unit dwellings in the RLD -9 District if all of
the following can be provided:
a. The rear half of the lot still contains a usable yard
area at least equal to the recommended minimum rear yard (determined by
multiplying the recommended rear setback by the actual width of the lot).
See Figure RG B.1: Useable Rear Yard — RLD -9 District.
b. The recommended rear yard dimension reduction
will avoid or reduce an upper -story addition, and there will be no adverse
impact on adjacent properties.
Draft —June 14, 2010
City of Seal Beach
of SEAL P Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
�hT Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Y
Figure RG B.1
Useable Rear Yard - RLD -9 District
U
Shaded area with H T !
Minimum
endured sr (ss k R at ' h 10 k ' Minimum
bast cq� a1 ra s!asded ^"°" I °" 9 reyuited
area (X - Y) in I Maximum , rear yard
Wndarerca_ yard. i Gnc Story ►
I
I j
j
I
Standard ReorYord Required Reduction err ReorYard Setback
aftwed ue tir admFnwatirc Use
Permit.
C. Building Entrance. The principal entryway of each residential
building should incorporate a projection, recess, or combination of projection and
recess of at least 20 square feet, with a minimum depth of 4 feet.
D. Facade 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 should 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 should 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 RG D: Facade Articulation - Lots
Greater than 25 Feet in Width.
Draft — June 14, 2010
City of Seal Beach
�E SEAI g
a _ Department of Development Services
�` MFG 4C'
z+."d �•l �S
B2 211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Figure RG D
Facade Articulation — Lots Greater than 25 Feet in Width
Oft
2.5 ft
25 ft
25 ft
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.S feet in depth, for every 25 linear feet of wall.
E. Windows and Trim. All street - facing windows should have
articulation at least 2 inches in depth that creates architectural interest and
shadow, achieved either with a window recess, trim, or an alternative design.
F. Additional Front Setback Above 14 Feet. Any portion of the
building above 14 feet that exceeds 70% of the maximum front building
elevation should be stepped back from the front setback line a distance of at
least 8% of the lot depth, up to 12 feet. See Figure RG F: Front Setback
Above 14 Feet.
Draft —June 14, 2010
City of Seal Beach
of sEac s
Department of Development Services
ps =a• 211 Eighth Street, Seal Beach, CA 90740
J 99s •- v
`eG�g Information: (562) 431 -2527 FAX: (562) 430 -8763
Cz,tikT,
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Figure RG F
Front Setback Above 14 Feet
G. 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 should 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, should be provided. Such wall plane perpendicular wall
articulation is required on one side of the structure. See Figure RG G.1: Side
Wall Articulation Above 14 Feet — Lots Less than 37.5 Feet Wide.
Draft —June 14, 2010
of SEA`BF
City of Seal Beach
Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Figure RG G.1
Side Wall Articulation Above 14 Feet —
Lots Less than 37.5 Feet Wide
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 should 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 RG G.2: Side Stepback Above 14 Feet —
Lots 37.5 Feet Wide or Wider.
Draft —June 14, 2010
City of Seal Beach
io�F✓SEBF Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Figure RG G.2
Side Stepback Above 14 Feet — Lots 37.5 Feet Wide or Wider
e srep-
I feet
H. 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, should not be designed in a manner
which is substantially and obviously incompatible with the design elements of the
existing building. See Figure RG H: Design of Building Additions.
Draft —June 14, 2010
Residential Districts Community Guidelines (Continued)
Figure RG H
Design of Building Additions
D!:-i1KA11LL LUVATInN
J,L-qfjj,tO
I MMS11EAVUE FLEVAIJ0.1;
City of Seal Beach
Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
r !.n or 41-d
Information: (562) 431-2527 FAX: (562) 430-8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
Figure RG H
Design of Building Additions
D!:-i1KA11LL LUVATInN
J,L-qfjj,tO
I MMS11EAVUE FLEVAIJ0.1;
I
4apped Wl&g Elmmmiis, FortmrAn' Design Featires, anJ
Smaller Ar&k&cwra! Con—pments
T
Encouraged
InSI Residence
2 Z
Encouraged
Of SULABLE sol AAN
;7NOMAKA8LE Srrc rL.%.x
Addion
6
Encouraged
Discouraged
Infill Residence
T
Discouraged
Draft — June 14, 2010
r !.n or 41-d
,' i1h fit M.-IM
I
4apped Wl&g Elmmmiis, FortmrAn' Design Featires, anJ
Smaller Ar&k&cwra! Con—pments
T
Encouraged
InSI Residence
2 Z
Encouraged
Of SULABLE sol AAN
;7NOMAKA8LE Srrc rL.%.x
Addion
6
Encouraged
Discouraged
Infill Residence
T
Discouraged
Draft — June 14, 2010
`
City of Seal Beach
Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
e�cF�o� *:Y�`�
411
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
I. 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
should be offset at least 5 feet from the face of the main residence. See Figure
RG I: Additional Offset for Garage Facing Street.
Figure RG I
Additional Offset for Garage Facing Street
i
f
S' addirianai
seroack foraaraae
Buudir-g fa--a de
-setback
J. Open Space Guidelines.
1. RLD -9 District - Single -Unit Residences. A minimum of
800 square feet of outdoor usable open space should be permanently
maintained.
Draft — June 14, 2010
SEAIBF
City of Seal Beach
ioE
°•
Department of Development Services
p' .w- -i;
211 Eighth Street, Seal Beach, CA 90740
Information: 431 FAX: 430
(562) -2527 (562) -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
2. RHD -20 District — Single -Unit Residences. A minimum of
225 square feet of outdoor usable open space should be permanently
maintained.
3. Open Space Standards. Usable open space permanently
maintained should conform to the following standards:
a. Usability. A surface should be provided which
inhibits dust and allows convenient use for outdoor activities. Such surface
should be any practicable combination of lawn, garden, flagstone, wood planking,
concrete, asphalt or other serviceable surface. Slope should not exceed 10
percent. Areas devoted to off - street parking or loading facilities, including access
ways and service areas are not considered usable open space.
b. Location. The space may be located anywhere on
the lot, excluding the roof of the building, garage or carport, should not be located
within a required street setback, and such space should be designed and located
as to be fully usable by the residents of the single -unit residence.
i. Consideration for RHD -20 Lots less than
37.5 Feet Wide. At least 40 percent (90 square feet) should 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 should 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. Consideration for RHD -20 Lots less than
37.5 Feet Wide. A ground level open space area should 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 should be no obstructions above
the space except for devices to enhance the usability of the space.
i. Consideration for RHD -20 Lots less than
37.5 Feet Wide. No more than 33 percent of a ground level open space
area should be covered.
Draft —June 14, 2010
City of Seal Beach
�E SEA( B
Department of Development Services
ost Faa 211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Residential Districts Community Guidelines (Continued)
K. 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.
Draft —June 14, 2010
City of Seal Beach
SERI (r�Department of Development Services
Z d Eat 211 Eighth Street, Seal Beach, CA 90740
�@C/A NiY'CA�E Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Overview
Building forms and facades influence cohesiveness, comfort, and aesthetic pride
and at the same time can generate pedestrian activity, encourage shopping, and
increase a sense of security. Where commercial buildings are neighbors to
residential buildings or where infill buildings are being constructed, consideration
of scale, detail, and materials is very important. At the same time, any good
design should take into consideration fundamental design principals including
continuity, mass, scale, rhythm, and proportion.
The following guidelines are intended to provide a general framework for design,
and do not mandate specific architectural styles, themes, or details.
Commercial and Mixed Use Districts
Community Guidelines
A. Building Design Features. Commercial or mixed- use structures
should provide adequate design features to create architectural interest and
avoid a large - scale, bulky, and "box -like" appearance. Different ways that this
guideline may be met, include, but are not limited to, those listed and illustrated
below. See Figures C /MU A.1 through CMU A.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.
1. Variety in Wall Plane. The planes of the exterior walls
should vary in depth and /or 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 C /MU G A.1:
Variety in Wall Plane.
Draft — June 14, 2010
City of Seal Beach
Department of Development Services
��FFO 4 =pa
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines (Continued)
5 fc
min.
1
Figure C /MU G A.1
Variety in Wall Plane
�4fc 2� ft
I` —min. j
50 ft 25 ft 25 ft
Offset o f signf cant depth
i�so ft '�= 50 ft
Repeated pattem of o f (sets of smaNer depth
50 ft 50 ft
T
5 ft
min.
r
I
2 ft.
A min.
i
Draft —June 14, 2010
City of Seal Beach
°`.'` of Department of Development Services
4"WUN
211 Eighth Street, Seal Beach, CA 90740
.� Information: (562) 431 -2527 FAX: (562) 430 -8763
1 -NTN
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines (Continued)
2. Variety in Roof Forms. The roof forms or roof heights vary
over different portions of the building. See Figure C /MU G A.2: Variety in Roof
Forms.
Figure C /MU G A.2
Variety in Roof Forms
One -frfth to one third of roof area has a change in pitch, plane,
height or orientation.
I
Example of variety in roof forms.
Simple pitched roof on buildings over 50 feet in length do not Fake mansard roofs (without structural integrity) do not meet
meet this guideline. this guideline.
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 C /MU G A.3: Variety of Height for Different Massing
Elements and Modules Articulated by Change in Plane, Color, or Materials.
Draft —June 14, 2010
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
4. Modules Articulated by Change in Plane, Color, or
Materials. The different modules of a building's fagade are articulated by use of
a change in plane, color, arrangement of fagade elements, or a change in
materials. See Figure C /MU G A.3: Variety of Height for Different Massing
Elements and Modules Articulated by Change in Plane, Color, or Materials.
Figure C /MU G A.3
Variety of Height for Different Massing Elements and
Modules Articulated by Change in Plane, Color, or Materials
Draft —June 14, 2010
City of Seal Beach
of SS+EAt B
• 1il �f
Department of Development Services
pt� a
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
4. Modules Articulated by Change in Plane, Color, or
Materials. The different modules of a building's fagade are articulated by use of
a change in plane, color, arrangement of fagade elements, or a change in
materials. See Figure C /MU G A.3: Variety of Height for Different Massing
Elements and Modules Articulated by Change in Plane, Color, or Materials.
Figure C /MU G A.3
Variety of Height for Different Massing Elements and
Modules Articulated by Change in Plane, Color, or Materials
Draft —June 14, 2010
City of Seal Beach
�E SElhgf
;�,f�,�1�a Department of Development Services
a1R° 211 Eighth Street, Seal Beach, CA 90740
We
4 .' F
Information: (562) 431 -2527 FAX: (562) 430 -8763
w,�3Tr La��
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
5. Facade Design Incorporates Architectural Detail. A flat
building fagade 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 fagade are
incorporated into the rear and side elevations. See Figure C /MU G A.5: Facade
Design Incorporates Architectural Detail.
Figure C /MU G A.5
Facade Design incorporates Architectural Detail
I�t���l•I��■ t�� J����
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 fagade. This is most typically found
on buildings that includes small retail spaces, office, or residential uses. See
Figure C /MU G A.6: Use of Projections and Recesses.
Draft —June 14, 2010
City of Seal Beach
of sEBF
Department of Development Services
�a
i`1 211 Eighth Street, Seal Beach, CA 90740
. yp?P
.t`- O
� � Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
Figure C /MU G A.6
Use of Projections and Recesses
B. Blank Walls. No unadorned blank walls greater than 20 feet in
length should be provided on the storefront side. Other building walls over
24 feet in height or 50 feet in length should 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 C /MU G B: Blank Walls.
Draft — June 14, 2010
sEat�
City of Seal Beach
_
Department of Development Services
c
211 Eighth Street, Seal Beach, CA 90740
q�dLMTY GA
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
Figure C /MU G B
zF
Blank Walls
i 1 I
'�— 20 ft ---
Maximum i
Maximum length of blank
wall on storefront side
C. Ground Floor Requirements. The following guidelines should be
considered with respect to ground floor construction.
1. High Quality Building Materials. Building materials used
on the ground floor should be high quality durable materials such as concrete,
stone, tile, masonry, or other equivalent quality materials. The portions of the
building 2 feet above grade that front the public sidewalk should be constructed
of such materials, rather than glass, wood, or stucco.
2. Greater Level of Detail and Articulation. There should be
a greater level of detail and articulation of the ground floor than the upper floors
of a building. See Figure C /MU G C.2: Ground Floor Requirements and Building
Transparency.
Draft — June 14, 2010
City of Seal Beach
o� sEat�BF Department of Development Services
211 Eighth Street, Seal Beach CA 90740
l -SJI1 a Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Commercial and Mixed -Use Districts Community
Guidelines(Continued)
3. Building Transparency. A minimum of 50 percent of a
building's frontage should 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 Figure C /MU G C.2: Ground Floor Requirements
and Building Transparency.
Greater level of
ardculadon on
ground floor
Figure C /MU G C.2
Ground Floor Requirements and Building Transparency
�_ , .
� I
Minimum building transparency:
60% of frontage with views to interior
High quality building
materials: concrete,
stone, tile, masonry
Minimum 2 ft base of
high quality durable
materials -not glass
D. 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.
Draft — June 14, 2010
Eat� City of Seal Beach
611,50r:ll Q�'� Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Light Manufacturing and Oil Extraction
Districts Overview
High quality, innovative and imaginative architecture is encouraged.
Developers are encouraged to utilize these guidelines as a tool to design
quality buildings as opposed to traditional unadorned warehouse structures.
The elements most desired for well- designed industrial buildings are:
❑ Variation of building forms and planes.
❑ Enhanced building entries.
❑ Screened loading facilities and storage areas.
❑ Landscaping.
Elements that are discouraged are as follows:
❑ Blank walls.
❑ Unscreened loading facilities.
❑ Structures that are box like and contain no architectural elements.
Light Manufacturing and Oil Extraction Districts
Community Guidelines
A. Building Design Features. Main structures should provide
adequate design features to create architectural interest and avoid a large- scale,
bulky and "box -like" appearance. Different ways that this may be accomplished
include but are not limited to those listed and illustrated below. See Figure
LM /OE G A.1 through Figure LM /OE G A.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 and /or 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 LM /OE G A.1: Variety in Wall Plane.
Draft — June 14, 2010
City of Seal Beach
sE.i'm Department of Development Services
i :r.rWi, q
S
o ems° 211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Light Manufacturing and Oil Extraction Districts
Community Guidelines (Continued)
Figure LM /OE G A.1
Variety in Wall Plane
5 ft Offset of signipcont depth 51ft.
min. min.
r
50 ft 'IE 50 fr.
2 ft
min.
Repeated pattern of offsets of smaller depth
50 ft 50 ft
�4k
2 ft.
I`—mn�
50 ft 25 ft 25 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 LM /OE G A.2: Variety of Height for Different
Massing Elements.
Draft — June 14, 2010
City of Seal Beach
Bf@ Department of Development Services
c �9y
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Light Manufacturing and Oil Extraction Districts
Community Guidelines (Continued)
3. Modules Articulated by Change in Plane, Color, or
Materials. The different modules of a building's fagade should be articulated by
use of a change in plane, color, arrangement of fagade elements, or a change in
materials. See Figure LM /OE G A.3: Modules Articulated by Change in Plane,
Color, or Materials.
Figure LM /OE G A.2
Variety of Height for Different Massing Elements
Draft — June 14, 2010
City of Seal Beach
r a`�Department of Development Services
211 Eighth Street, Seal Beach, CA 90740
Information: (562) 431 -2527 FAX: (562) 430 -8763
Interim Community Guidelines
Light Manufacturing and Oil Extraction Districts
Community Guidelines (Continued)
Figure LM /OE G A.3
Modules Articulated by Change in Plane, Color, or Materials
B. 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.
Draft — June 14, 2010
ATTACHMENT 13
ORDINANCE NO. 1598, AN ORDINANCE OF
THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE BY
REPEALING CHAPTER 28, ZONING, AND
ADOPTING A NEW TITLE 11, ZONING AND
ADOPTING ZONE CHANGE 10 -2
ORDINANCE NUMBER 1598
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 ADOPTING ZONE CHANGE 10 -2
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby deletes Chapter 28, Zoning, in its
entirety and adopts a new Title 11, Zoning, to read as set forth in that document
titled "Draft Title 11: Zoning, February 2010, as revised with the following
additional revisions:
a. All revisions set forth in "Exhibit A ", attached hereto and
incorporated herein; and
b. Removal of the following sections of Part 11 — Base District
Regulations:
❑ Chapter 11.2.05 — Base District Regulations — Residential Districts:
❑ Table 22.2.05.015 — Ratio of 2nd Story Building Area to 1St Story
Building Area;
• Section 11.2.05.015.E — RLD -9 District — Minimum Rear Yards;
• Section 11.2.05.015.L — Building Entrance;
❑ Section 11.2.05.015.M — Fagade Articulation — Lots Greater then 25
Feet in Width;
❑ Section 11.2.05.015.N —Windows and Trim;
❑ Section 11.2.05.015.P — Additional Front Setback Above 14 feet;
• Section 11.2.05.015.Q — Additional Side Setback or Stepback Above
14 Feet;
• Section 11.2.05.015.R — Design of Building Additions;
❑ Section 11.2.05.015.U.3 — Additional Offset for Garage Facing Street;
and
❑ Section 11.2.05.015.Y — Open Space Requirements.
❑ Chapter 11.2.10 — Base District Regulations — Commercial and Mixed -Use
Districts:
❑ Section 11.2.10.015.1 — Building Design Features;
❑ Section 11.2.10.015.J — Blank Walls;
❑ Section 11.2.10.015.E — Ground Floor Requirements; and
❑ Section 11.2.10.015.M — Building Transparency
❑ Chapter 11.2.15 — Base District Regulations — Light Manufacturing and Oil
Extraction Districts:
❑ Section 11.2.15.015.6 — Building Design Features.
SECTION 2. The City Clerk is directed to incorporate the above revisions,
as set forth in Section 1.a and Section 1.b, above, and all other required
conforming revisions to Section Numbers, Table and Figure references, cross
references, and other non - substantive conforming revisions, into Title 11: Zoning
for public distribution.
SECTION 3. The City Council hereby adopts Zone Change 10 -2.
SECTION 4. 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
Ordinance Number 1598
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 regular meeting held on the day of , 2010.
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, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 14th day of June , 2010 and was passed, approved and adopted by the
City Council at a regular meeting held on the day of ,2010 by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1598 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Ordinance Number 1598
Exhibit A
(Note: Text to be added is indicated by bold and double - underline and text to be
deleted is indicated by )
Part I: General Provisions
Record of Interpretations: Section 11.1.10.015.C.3:
Revise Section 11.1.10.015.C.3 to read as follows:
"3. Record of Interpretations. Official interpretations shall be:
a. Written, and shall quote the provisions of the Zoning
Code being interpreted, and the applicability in the particular or
general circumstances that caused the need for interpretations, and
the determination; and
b. Distributed to the Council, Commission, City Manager,
City Attorney, City Clerk, and Department staff within 3 days of
0ssuina such written interpretation."
(See Part I, page 9 for current language)
Part II: Base District Regulations
2. Table 11.2.05.010: Use Regulations — Residential Districts — Revise to read
as follows:
TABLE 11.2.05.010 (Continued)
USE REGULATIONS — RESIDENTIAL DISTRICTS
RLD
RMD
RHD
Additional
Regulations
Transportation, Communication, and Utility Use Types
Communication Facilities
See Chapter 11.4.70
Antennae and Transmission
Towers
la Q
—
la _Q
—
R C
—
Sate / /ite dishes /ess than 39" in
P
P
P
d/ametff
(See Part 11 page 5 for current language)
3. Table 11.2.05.015, Development Standards for Residential Districts:
Clarify language in Table 11.2.05.015, Development Standards for
Residential Districts, to add the clarifier "(E)" to the following development
standard for the RLD -15 District to indicate that there are additional
specific standards regarding the various Tracts in Bridgeport, depending
on which tract a property is located in:
❑ Minimum Floor Area (sq. ft.) — Primary Dwelling Unit; revise to read
"1,200 Lff'
❑ Maximum Height (ft.); revise to read "25 tE "
❑ Projections; revise to read "Yes L "
❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes
L"; and
❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes
Xi".
(See Part 11, pages 7 through 12 for current language)
4. Non - Habitable Architectural Features: Section 11.2.05.015.A, Standards for
Surtside:
Add a new subsection 11.2.05.015.A.6: Non - Habitable Architectural Features
to read:
Ordinance Number 1598
-• • • 11111MMINTIMMIM 1 •• 1'
• I"l 1 •I u
• 1 • rM • I • G 1 f • • .. 1 _X 11 I
• •.1 �tll 1 11 1 _F 1 • 1•.• - 1
1 1 1 1 • L f f •• • 1-
1 • • f,� - • •.1 •�-1
• • 11 • • &Csli 1 FS i R I til i oil I i M77TVIII-MM ill 1 • • MU
F. P -
1 1 1' 1 • 1 � � • � • 1.
1' 1 1 •1 •1 el 11f F
Revise existing Section 11.2.05.015A.6: General Requirements to new
section 11.2.05.015.A.Z.
(See Part II page 15 for current language)
Delete Section 11.2.05.015.J.3: Projections above the Height Limit, in its
entirety.
(See Part II, page 25 for current language)
Revise Table 11.5.20.010: Review Authority to add AUP item regarding
subsection 11.2.05.015.A.6: Non - Habitable Architectural Features, and revise
other AUP references regarding Surfside to read as follows:
TABLE 11.5.20.010 (Continued)
REVIEW AUTHORITY
hapter
Use Permit Required
Land Use Entitlement or
Activity
Requirement is in
Section:
Administrative
Use Permit
Conditional
Use Permit
Surfside — non - habitable
§ 17.2.05.015.A.6
x
architectural features
Surfside — zero side yard
§ 112.05.015.A.7.c
X
Surfside — nonconforming
building expansion
§ 11.2,05.015.A.7.a
X
Ordinance Number 1598
Any conforming revisions to cross - references to these sections will also be
made.
Projections: Section 11.2.05.015.J
Revise Section 11.2.05.015.J by deleting subsection 3, Projections above the
Height Limit in its entirety, and renumbering subsection 4, Projections — RLD-
15 District, and subsection 5, Projections — RHD -20 District to new
subsections 3 and 4, respectively.
(See Part 11, pages 25 -26 for current language)
6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.13
Revise Section 11.2.05.015.P to read as follows:
"P. Additional Front Setback Above 14 Feet. Any portion of the
building above 14 feet that exceeds 70% of the maximum front building
elite width 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.P: Front Stepback Above 14 Feet."
(See Part II, page 28 for current language)
Required Garage Exception — Surfside: new subsection 11.2.05.015.U.6.
Add new subsection 11.2.05.015.U.6, Required Garage Exception — Surfside,
to read as follows:
To accommogate vemcies.--
(See Part II, page 36 for current language)
Required Garage Exception — RHD -20 District: new subsection
11.2.05.015.U.7.
Add new subsection 11.2.05.015.U.7, Required Garage Exception — RHD -20
District, to read as follows:
7 Required Garage Exception — RHD -20 District. The
number of garage parking spaces required pursuant to Table
1.4.20.015.A: Required Parking, for single -unit dwellings in the
RHD -20 District shall be reduced by one space for single -unit
dwellings of 6 bedrooms or more if the subiect property provides
a minimum clear area of 9 feet by 22 feet between the alley
property line and the face of a two -car garage equipped with
roll -up door to accommodate vehicles."
(See Part II, page 36 for current language)
Re -letter existing subsection 11.2.05.015.U.6, Location of Parking for Multi -
Unit Dwellings, to new subsection 11.2.05.015.U.8.
(See Part II, page 37 for current language)
Revise Table 11.4.20.015.A: Required Parking, to include the following
language in "Additional Regulations" for Single Unit Dwelling:
"See also Section 11.2.05.015.U.6: Reauired Garage Exception —
"See also Section 11.2.05.015.U.7: Required Garage Exception —
RHD -20 District"
(See Part IV, page 101 for current language)
Revise Table 11.5.20.010: Review Authority regarding "Exception to allowable
parking locations — multi-unit residential' to indicate "11.2.05.015. U.8 ".
Ordinance Number 1598
(See Part V, page 37 for current language).
9. Table 11.2.15.010: Use Regulations — Commercial and Mixed Use Districts —
Revise to read as follows:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/
RMD
LC/
I PO
MSSP
I SC
I GC
Additional
pay oa /So
RMD
—
Regulations
Transportation, Communication and Utili
Use Types
—
See Chanter
Establishments
Personal Improvement
Services
See Chapter
Wireless Communication
P
P
P
assaae. Accessory
11.4.70: Wireless
Facilities
A
A
A
See Chanter
5.45. Massage
Telecommunicatio
Personal Services
P
P
P
P
P
ns Facilities
Antennae and
A
—
A
—
A
—
A
—
A
—
See Chanter
Massage
Transmission Towers
13C
PC
—
�C
—
PQ
Satellite dishes less than
P
P
79" in diameter
(See Part II page 48 for current language)
10. Massage Land Uses: Chapter 11.2.10: Base District Regulations —
Commercial and Mixed -Use Districts.
Establish a definition for "Spa" and "Day Spa" in Title 11, and require a
Conditional Use Permit for Spa, Day Spa, and Massage establishments.
a. Revise Table 11.2.10.010, Use Regulations — Commercial and Mixed
Use Districts, as indicated below:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC/
RMD
PO
MSS
P
SC
GC
Additional
Regulations
Commercial Use Types Continued
pay oa /So
=
—
See Chanter
5.45. Massage
Establishments
—
—
See Chanter
Establishments
Personal Improvement
Services
P
P
P
P
P
assaae. Accessory
A
A
A
A
A
See Chanter
5.45. Massage
Establishments
Personal Services
P
P
P
P
P
assaae. Accessory
A
—
A
—
A
—
A
—
A
—
See Chanter
Massage
blishments
Establishments
(See Part II, page 45 through 49 for current language)
b. Part IV: Section 11.4.85.025, Commercial Use Classifications:
1. Revise "Personal Improvement Services" to read as follows:
"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; 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.
Ordinance Number 1598
This classification does not include massaae except as
an accessory use.
1. Massage, Accessory. A use where massages
occur as an accessory to a Personal Jmmvement
Services use, either permanently or temporarily and the
area where the massage occurs occupies less than 20
percent of the Gross floor area of the principal Persona
Improvement Services use."
(See Part IV, page 286 for current language)
2. Revise "Personal Services" to read as follows:
"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 agents.
This classification does not include massage except as
an accessory use.
1. Massage, Accessory. A use where massages
occur as an accessory to a Personal Services use.
either permanently or temporarily and the area where
e massage occurs occupies less than 20 percent o
the aross floor area of the principal Personal Services
use.,,
(See Part IV, page 286 for current language)
Part VI: Section 11.6.05.010 — Definitions of Specialized Terms and
Phrases
Add the following definitions in the appropriate sub - sections:
"Day SAal's a spa offering a variety of professionally administered
spa services to clients on -a day -use basis.
films ------ ::. .--- r:&:- C. n.._:.- .-.-.- ::------ _ -� c .-...: .a:......
Wi %mil •"• Ar
- • 1 .
•' 111•.1 " l • 11 • •
•. 1 ! � l• % � 1' 1 Ile • •
Commercial Use Types Continue
Day Spa /So
1 •11 f
WT-rd
Mr, 1
TIM _
•u
IM-W
>1•f
d. Revise Part IV: Table 11.4.20.015.A.1: Required Parking, to read as
follows:
TABLE 11.4.20.015.A.1 (Continued)
REQUIRED PARKING
Use Classification
Required Off - Street
Parking Spaces
Additional
Regulations
Commercial Use Types Continue
Day Spa /So
1 space per 300 square feet.
Massage Establishment
1 space per 300 square feet.
Massage. Accessonr
1 space per 300 square feet.
Ordinance Number 1598
(See Part IV, pages 106 -108 for current language)
Conforming Amendments to Title 5 re: Massage:
The following amendment would be required in Title 5, § 5.45.035.13.11:
"11. The applicant has obtained a conditional use permit
or administrative use permit pursuant to Title 11: Zoning
11. Projections: Section 11.2.10.015.R
Revise Section 11.2.10.015.R by deleting subsection 2, Allowed Projections
above Height Limit in its entirety.
(See Part II, pages 75 -76 for current language)
12. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction
Districts — Revise to read as follows:
TABLE 11.2.15.010 (Continued)
USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION
DISTRICTS
LM I OE I Additional Regulations
Transportation, Communication and
tility Use Types
Wireless Communication
N
PR
See Chapter 11.4.70: Wireless
Facilities
Communication Facilities
__
I Telecommunications Facilities
Antennae and Transmission
P C
la
—
Towers
=
—
Satellite dishes less than 79"
P
P
in diameter
(See Part II page 79 for current language)
13. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities
Districts — Revise to read as follows:
TABLE 11.2.20.010 (Continued)
USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS
PS I RG I Additional Regulations
Transportation, Communication, and Utility Use Types
Communication Facilities
P C
—
PC
See Chapter 11.4.70: Wireless
I Telecommunications Facilities
(See Part II page 90 for current language)
14. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts —
Revise to read as follows:
TABLE 11.2.25.015 (Continued)
USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS
OS -
OS_
I
Additional Regulations
N
PR
Transportation, Communication, and Utility Use Types
Communication Facilities
__
C
See Chapter 11.4.70: Wireless
_
—
Telecommunications Facilities
(See Part II page 96 for current language)
Part III: Overlay District Regulations
15. General Provisions — Section 11.3.05.015.6
Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below:
Ordinance Number 1598
"B. Overlay Zone Use. The uses specified in Section 11.3.05.010.13 are
permitted in the Residential Conservation Overlay District subject to
compliance with the following standards:
1. Distance to Pao-fie Geasi Highway, The subjeet PFOP"
Structure Qualifications. A residential structure may qualify for such
use if it meets either of the following standards:
a. Is a residential structure constructed prior to
1925.
b. Is a residential structure that has been
reconstructed to replicate a previously existing residential structure
was constructed prior to 1925 on the same lot that.
92. Minimum Lot Size. The subject property shall have a
minimum
1 1 and shall not lot size of 5.000 square
fit.
62. Owner /Operator Requirement
(All remaining sub - sections renumbered accordingly)
(See Part III, pages 4-5 for current language)
Part IV: Regulations Applying in Some or All Districts
16. Allowable Incidental Business Activities —Section 11.4.05.010.D.1.d:
Revise subsection 11.4.05.010.D.1.d to read as follows:
"Live, unamplified tableside entertainment performed by awe nQ
more than 2 individuals (including but not limited to a singer, musician,
instrumentalist, magician, balloon entertainer, face painter or comedian) in a
retail store, gallery, restaurant, or cafd, and"
(See Part IV, page 9 for current language)
17. Child Day Care Facilities — Section 11.4.05.045
Revise subsection 11.4.05.045, Child Day Care Facilities, to read as follows:
"§ 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
of licensing by the California State Department of Social Services,
Community Care Licensing.
A. Permit Requirement. Conditional Use Permit approval
pursuant to Chapter 11.5.20: Development Permits 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.
Ordinance Number 1598
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 alsta Wei, We
0# 8Rd Pi8l(iF19 WP Ghffi'dF8R 6101811 Mt.-
12 PSFk at aR�40m&,l
el Wee dFiY8WSYS Of Mighbffi!910
Was tha, 20 feef-
9. Woups of Operation. Heums. at G-peFatieR shall
445. 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-
Ordinance Number 1598
Qfi. Wall Requirements — Outdoor Play Area. A 7- S-
foot high, solid fence or substantially equivalent barrier shall be
required to separate the outdoor play area of a large family day care home
from adjacent residential properties. The fence shall be provided pursuant
to Chapter 11.4.30: Landscaping and Buffer Yards.
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."
(See Part IV, pages 23 -26 for current language)
18. Sound and Music: Outdoor Dining, Display, and Sales Standards - Outdoor
Dining and Seating Areas - Section 11.4.05.090.D:
Revise subsection 11.4.05.090.D.6, Amplified Sound and Music, to read as
follows:
"6. Amp"fied Sound and Music. Un- amplified sound and music
that Is limited to no more than 1 entertainer is permitted within an
outdoor dining or seating area upon approval of an
Administrative Use Permit or Conditional Use Permit pursuant to
Ordinance Number 1598
Chapter 11.5.20, Development Permits. Amplified sound and music
is prohibited within " an outdoor dining or seating area unless
approved by a Conditional Use Permit pursuant to Chapter 11.5.20,
Development Permits.
(See Part IV, page 44 for current language)
Revise Table 11.5.20.010, Review Authority, to reflect the above revision, as
follows:
TABLE 11.5.20.010 (Continued)
REVIEW AUTHORITY
Chapter 11.4.05 — Standards for Specific Uses (Continued)
(See Part V, page 34 for current language)
19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses,
Structures, and Vehicle Parking — Garage Sales
Revise Subsection Section 11.4.05.100.13, Garage Sales, to read as follows:
"B. Garage Sales. Garage sales shall be limited to 2 4 per calendar
year per site, and a maximum of 2 days each following approval by the
City."
(See Part IV, page 47 for current language)
20. Mechanical Equipment Screening - Section 11.4.10.015
Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as
follows:
"§11.4.10.015 Mechanical Equipment Screening.
All mechanical and electrical equipment, except solar
collectors. and antennas shall be screened or incorporated into
the building design so as not to be visible
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.
nmu,.e.e
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nRmtO
Lot L Public Right-0FWay �L
e' el z'e '11'1 �- 1' 1 1 • 1'
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Use Permit Required
Land Use Entitlement or
Requirement is in
Administrative
Conditional
Activity
Section:
Use Permit
Use Permit
Outdoor Dining
Area — Amplified Sound and
Music
§ 11.4.05.090.D.6
x
X
(See Part V, page 34 for current language)
19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses,
Structures, and Vehicle Parking — Garage Sales
Revise Subsection Section 11.4.05.100.13, Garage Sales, to read as follows:
"B. Garage Sales. Garage sales shall be limited to 2 4 per calendar
year per site, and a maximum of 2 days each following approval by the
City."
(See Part IV, page 47 for current language)
20. Mechanical Equipment Screening - Section 11.4.10.015
Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as
follows:
"§11.4.10.015 Mechanical Equipment Screening.
All mechanical and electrical equipment, except solar
collectors. and antennas shall be screened or incorporated into
the building design so as not to be visible
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.
nmu,.e.e
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sue.•
�'vcY[49�Vi ,
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Lot L Public Right-0FWay �L
e' el z'e '11'1 �- 1' 1 1 • 1'
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Ordinance Number 1598
MW "Mf
B. Exceptions. Administrative Use Permit
approval pursuant to Chapter 11.5.20: Development Permits. is
required for exceptions to the screening of mechanics
eauffigment ere the screening enclosure may substantially
increase the visual mass of the roof line of a structure and
alternative treatment may be preferable."
(See Part IV, page 72 for current language)
21. Storm Drainage and Storm Water Runoff - Section 11.4.10.020.1-1
Revise Subsection 11.4.10.020.H.1, Prevention of Runoff, to read as follows:
111. 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.
b. On -site drainage systems.(i.e. roof drains, downspouts.
french drains. swales._etc.) shall be designed and maintained to
(See Part IV, page 79 for current language)
22. Standards for Signs in Commercial, Mixed -Use, and other Non - Residential
Districts —Table 11.4.25.025.A
Revise Table 11.4.25.025.A, Standards for Signs in Commercial, Mixed -Use,
and other Non-Residential Districts, to read as follows:
TABLE 11.4.25.025.A (Continued)
STANDARDS FOR SIGNS IN COMMERCIAL, MIXED -USE, AND OTHER
NON - RESIDENTIAL DISTRICTS
Maximum
Maximum
Horizontal
Maximum
Area per
Maximum imum
Projection
Additional
Sign Type
Number
Individual
from Wall
Regulations
Permitted
Sign
or
(Subsection)
Supporting
Structure
Portable A-
1 per
g sq. ft.
(6) tQ
Frame Sign
tenantluse
(See Part IV, page 140 for current language)
23. Portable A -Frame Signs - Section 11.4.025.C.6
Revise Subsection 11.4.25.025.C.6, Portable A -Frame Signs, to read as
follows:
"6. Portable A -Frame Signs. Portable A -Frame Signs shall
comply with the following standards:
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.
L. ...:LL. .JI _- _..._._.._ _s .a._ _t n__.
(See Part IV page 142 for current language)
Please refer to Attachment A to review the Proposed "City of Seal Beach
Standards for Portable A -Frame Signs"
Ordinance Number 1598
24. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10
Revise Subsection 11.4.25.025.C.10, Main Street Specific Plan District —
Additional Requirements, to add a new subsection "h" to read as follows:
"h.
C. Compliance with all provisions of the "City of Seat
Beach Standards for Portable A -Frame Sians."
Re -letter remaining subsections h, i, and j to new subsections i, j, and k,
respectively.
(See Part IV page 147 for current language)
25. Section 11.4.70.015.E — Revise to read as follows:
"E. Esquipment cabinets or rooms to service
existi g antennas when completely located inside of permitted structures;
and"
(See Part IV page 248 for current language)
26. Section 11.4.70.015.G.1.a — Revise to read as follows:
"a. Satellite dishes antennas 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."
(See Part IV page 248 for current language)
27. Section 11.4.70.015.G.1.b — Revise to read as follows:
"b. Satellite Aantennas may be installed on, or attached to, any
existing building or other structure that does not exesed 25 fee
so long as the height of the antenna measured from existing grade does
not exceed the permitted height was in the distblei
Base District Zone. 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."
(See Part IV page 248 for current language)
28. Section 11.4.70.015.G.2 — Revise to read as follows:
"2. Commercial, Public, and Semi - Public Districts.
a. A satellite d" antenna 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 satellite 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. Satellite Antennas mounted on the roof of an existing
building
Ordinance Number 1598
so Iona as the height of
the antenna measured from existing grade does not exceed the
permitted height in the Base District Zone."
(See Part IV page 249 for current language)
29. Section 11.4.70.020 — Revise to read as follows:
"§ 11.4.70.020 Submittal Requirements.
An Applicant shall file a written application for
a Conditional Use Permit with the Director in accordance 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:"
(See Part IV page 249 for current language)
30. Section 11.4.70.025 — Revise to read as follows:
"§ 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 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:"
(See Part IV page 251 for current language)
31. Section 11.4.70.025.A.7 — Revise to read as follows:
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 -6hapteF of the applicable Base District
Zone"
(See Part IV page 252 for current language)
32. Section 11.4.70.025.C.1 — Revise to read as follows:
"1. A freestanding antenna or monopole shall not exceed the
height limit of the diMdd applicable Base District Zone in which the antenna
or monopole is located.
(See Part IV page 253 for current language)
33. Section 11.4.70.025.C.2 — Revise to read as follows:
"2. Building- mounted wireless telecommunications facilities shall
net exseed the height all-woed lie. pejeetions above the height MA
�s comply with the height renuireme its of the applicable Base
District Zone."
(See Part IV page 253 for current language)
34. Section 11.4.70.025.C.4 — Revise to read as follows:
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 Ghapte e
Ordinance Number 1598
applicable Base District Zone, if camouflaged as part of the structure
design."
(See Part IV page 253 for current language)
35. Section 11.4.70.025.1.4 — Revise to read as follows:
"4. When antennas are co- located, the PJannitl
Commission may limit the number of antennas with related equipment to
be located at any 1 site by any provider to prevent negative visual
impacts.
(See Part IV page 257 for current language)
36. Section 11.4.70.030 — Revise to read as follows:
"§ 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
Residential. Commercial, Semi - Public, or Public district subject to the
Director's determination of compliance with the applicable requirements of
this Chapter:
1.
Satellite antennas pursuant to the provisions of SectiQp
11.4.70.015.G.
2. A facility co- located on an existing legally established
monopole, utility tower, or support structure in any zoning district
pro_v_ided the following conditions are met:
a. The existing facility on which the co- located
facility will be located: (i) was approved after January 1. 2007 by
discretionary permit: (ii) was approved subject to an environmental
report, negative declaration, or mitigated negative
declaration; and i) otherwise complies with the requirements of
Government Code Section 65850.6(b) for wireless
telecommunications collocation facilities.
b. The co- located facility does not increase
the t or location of the existing permitted towerlstructure. or
otherwise change the bulk, size, or other physical attributes of the
existing permitted wireless communication facility.
a- publoo safety Gem-munin2samns
(66) tGOt 11911919091914 OF 19681
4 .3. Temporary wireless telecommunications facilities.
G@. Conditional Use Permit. All other wireless
telecommunications facilities, specifically including but not limited to any
new ground- mounted tower or monopole, and public safety
communications towers sixty -five (65) feet in height or less shall
require the approval of a Conditional Use Permit pursuant to Chapter
11.5.20: Development Permits.
9C Minor Modifications. The Director 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
Ordinance Number 1598
this Chapter and all existing conditions of approval based on written
notification to the Director."
(See Part IV page 259 for current language)
37. Section 11.4.70.035.A — Revise to read as follows:
"A. General Findings. The Planning Commission,
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:"
(See Part IV page 259 for current language)
38. Section 11.4.70.035.B — Revise to read as follows:
"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 Planning Commission deeisiem make
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:"
(See Part IV page 260 for current language)
39. Section 11.4.70.035.0 — Revise to read as follows:
"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 Planning Commission
shall find that:
(See Part IV page 260 for current language)
40. Section 11.4.70.035.D — Revise to read as follows:
"D. Additional Findings for Setback Reductions. To approve a
reduction in setback, the Planning Commission aksf shall make
one or more of the following findings:"
(See Part IV page 260 for current language)
41. Section 11.4.70.035.E — Revise to read as follows:
"E. Additional Findings for Any Other Exception to Standards.
The Planning Commission may waive or modify requirements of
this Chapter upon finding that strict compliance would result in noncompliance
with applicable federal or state law."
(See Part IV page 261 for current language)
42. Section 11.4.70.040.6 — Revise to read as follows:
"B. Exercise of Permits. Any
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."
(See Part IV page 262 for current language)
Part VI: Definitions of Specialized Terms and Phrases:
43. "Extended Hour Business" definition be revised to read as follows:
"Extended Hour Business ": any business that is open to the public
between the hours of 12:01 a.m. and 6 a.m. See Section
11.4.05.055; Extended Hour Businesses in Chapter 11.4.05:
Standards for Speck Uses."
(See Part VI, page 23 for current language)