This chapter establishes standards applicable to specific uses listed in Part II: Base Districts, that are in addition to standards listed in this zoning code including, but not limited to, development standards in the base zoning districts, Chapter 11.4.10: General Site Standards, Chapter 11.4.15: Fences, Hedges and Walls, Chapter 11.4.20: Off-Street Parking and Loading, Chapter 11.4.25: Sign Regulations, Chapter 11.4.30: Landscaping and Buffer Yards, and Chapter 11.4.35: Coastal Development Permit. Where a standard of this chapter conflicts with another provision of this zoning code, the stricter standard shall apply.
(Ord. 1598)
This section establishes minimum standards for the development
and operation of accessory manufacturing, and accessory retail sales
and services that are located within, and incidental to a primary
commercial use. Examples of these uses include the manufacture of
small products in support of an on-site retail business that is the
primary use of the site, food service businesses within office complexes,
pharmacies and gift shops within hospitals, and other similar uses.
The intent of these standards is to provide for accessory business
activities that will support the primary use, but will not supplant
the dominance of the primary use.
A.
Relationship
to Primary Use.
1.
Exterior Appearance. Accessory uses are allowed, provided there will
be only minor external evidence of the accessory commercial activity,
so that the appearance of the site is defined by the primary use.
2.
Public Access. Public access to the accessory use shall only be from
within the structure which houses the primary use.
3.
Floor Area Limitation. The floor area of the accessory use shall
not exceed 1,000 square feet or 20% of the total floor area of the
primary use, whichever is less.
B.
Commercial
Zoning Districts.
1.
Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hotels, hospitals, and other medical facilities, to serve the needs of employees and guests, and pharmacies are allowed within hospitals and other medical facilities. A restaurant that is proposed to serve other than office, hotel, hospital or medical facility guests shall require separate approval as a restaurant in compliance with Section 11.4.05.120: Restaurant—Alcohol Sales.
2.
Light assembly or manufacturing is allowed in the commercial zoning
districts for the creation or manufacture of small clothing, art and
craft products (e.g., apparel, jewelry, sculpture), accessory to on-site
retail sales. The use of toxic or otherwise hazardous chemicals or
materials shall comply with all state and federal requirements.
C.
Criteria
for Approval. An accessory manufacturing, retail, or service use shall
be allowed only where the director first determines that the use will
not result in harm to adjoining existing or potential residential
use due to excessive noise, traffic, or other adverse effects generated
by the accessory use.
D.
Allowable
Incidental Business Activities.
1.
Allowed Uses. The following activities with or without using amplified
equipment or instruments are allowed when deemed incidental to a legally
established commercial business, when approved at the time of issuance
of the business license, and when conducted in compliance with the
operational standards identified in paragraph 3.a of this subsection:
a.
Book or poetry readings in a cafe, restaurant, or bar;
b.
Fashion show in a cafe, restaurant, or bar;
c.
Parlor games or party games in a cafe, restaurant, or bar;.
d.
Live, amplified or unamplified tableside entertainment performed
by no more than 4 individuals (including, but not limited to, a singer,
musician, instrumentalist, magician, balloon entertainer, face painter
or comedian) in a retail store, gallery, restaurant, café,
or any other business or use; and
e.
Other uses as determined by the director to be of the same general
character as those listed above, and not objectionable or detrimental
to surrounding properties and the neighborhood.
3.
Compliance with Zoning and Land Use Approvals. All incidental business
activities shall be conducted in accordance with the requirements
of the zone in which they are located, and in compliance with all
conditions and provisions of any conditional use permit or other permit,
approval or entitlement issued for the subject property, and all other
applicable requirements of this code.
a.
Compliance with Operational Standards. In order to ensure that the
entertainment shall be only accessory and incidental to the primary
use, and that the entertainment does not interfere with any other
business, use or activity in surrounding areas, all incidental business
activities shall comply with all of the following operational standards:
i.
Duration: Expiration Date. The approval of incidental business activities
shall expire on the same date that the business license expires. No
incidental business activities shall be conducted at any business
that does not have a valid business license.
ii.
Location. The incidental business activities shall take place
only within the enclosed interior area of the business or other use,
and only during the primary business activity without replacing the
primary business activity at any time.
iii.
Hours of Operation. Except as otherwise provided in any conditional
use permit or other land use entitlement, all incidental business
activities shall be limited to the hours of 12:00 p.m. to 9:45 p.m.
on Sunday through Thursday and the hours of 12:00 p.m. to 10:45 p.m.
on Friday and Saturday.
iv.
Outside Promoters. The incidental business activities shall
be part of the primary business use and shall not be sponsored by
an outside promoter or other outside person, entity, or organization;
however, the entertainment may benefit a non-profit organization directly
engaged in civic or charitable efforts.
v.
Admission Charges. There shall not be admission charges to enter
the business or any other cover charges based on the incidental business
activities.
vi.
Noise Impacts. All incidental business activities shall comply
with Section 11.4.10.020.B: Noise and all sound and noise requirements
set forth in this chapter.
vii.
Traffic and Parking. The incidental business activities shall
not generate enough additional traffic to warrant the need for additional
off-street parking on a regular basis.
viii.
Adverse Impacts on Adjacent Areas: Public Nuisance. The incidental
business activities shall not cause any additional adverse impacts
on neighboring residential or commercial property owners or tenants,
including, but not limited to, loitering, consumption of alcoholic
beverages in any parking lot or on any other private or public property,
public drunkenness, disorderly conduct, littering, obstruction of
free access on any public sidewalk or public street, fighting, or
any other conduct that constitutes a public nuisance.
ix.
Freedom of Speech. No condition may be imposed pursuant to this
chapter that suppresses or regulates expression in any manner contrary
to law.
x.
Stage. No stage shall be allowed.
xi.
Occupancy Limit. The occupancy limit established for the business
or other use shall be clearly posted at the front and rear of the
interior building and shall not be violated at any time.
xii.
Display of Conditions. A copy of the approval of the incidental
business activities and all restrictions and conditions of approval
shall be kept on the premises at all times and made available to any
code enforcement officer, city peace officer or other city employee
upon request. The approval shall also be displayed along the front
window facing the public right-of-way.
xiii.
Acceptance of Conditions. Approval of incidental business activities
shall not be effective for any purpose until the applicant signs and
returns a notarized "City Acceptance of Conditions" form confirming
their agreement to abide by all provisions of this section.
xiv.
Maximum Noise Level Near Residentially Zoned Property. Live
and amplified music shall not exceed a maximum noise level Lmax of
50 dBA when measured at any residentially-zoned property exterior
location (front, side and rear yard, property line, patio and or balcony).
b.
Land Use Permits or Approvals—Compliance Required. Approval of incidental business activities pursuant to this chapter shall not constitute approval or modification of any conditional use permit, variance or other land use permit, entitlement or approval required under Title 11 or any other provision of this Code. At all times the business operator and property owner shall comply with all applicable requirements and conditions of any other permit, entitlement or approval applicable to the property and/or use, and all other requirements of this Code in conducting the incidental business activities in the building or other premises. Violation of any provision of this section, any other permit, entitlement, or approval, or any provision of the Code, may result in imposition of an administrative citation, revocation and/or nonrenewal of the city's approval of incidental business activities, or such other civil and criminal remedies as provided in this Code. No business license shall be issued which includes incidental business activities except upon written business license zoning clearance from the director confirming that incidental business activities are allowed by the underlying zoning and any applicable conditional use permit, variance or other land use permit, entitlement or approval issued under this title.
c.
Approval Not Transferable. The city's approval of incidental business
activities pursuant to this chapter is not transferable to any other
person, use, building, premises, or location.
(Ord. 1598; Ord. 1659)
A.
Permit Requirement. Conditional use permit approval pursuant to Chapter 11.5.20: Development Permits is required for all alcoholic beverage establishments.
B.
Compliance
with City Council Policy. The conditional use permit shall include
all appropriate conditions of City Council Policy 600-1: Standard
Conditions for Alcohol Related Land Uses.
C.
Display
of Permit Required. The conditional use permit issued for the alcoholic
beverage establishment and a copy of the conditions of approval for
the permit shall be displayed on the premises of the establishment
in a place where it may readily be viewed by any member of the general
public.
D.
Considerations for Approval of a Conditional Use Permit. In making the findings required for the approval of a conditional use permit pursuant to Chapter 11.5.20: Development Permits, the following additional issues shall also be considered.
1.
Undue Concentration. Whether the proposed use will result in an undue
concentration of establishments dispensing alcoholic beverages, pursuant
to the regulations of the California Department of Alcoholic Beverage
Control (ABC).
3.
Noise Levels. Whether the noise levels generated by the operation
of the establishment would exceed the level of background noise normally
found in the area or would otherwise be intrusive.
E.
Nonconforming Uses and Structures. Alcoholic beverage retail establishments that were legally operating prior to the adoption of Ordinance No. 1348, January 27, 1992, may continue to operate as nonconforming uses in compliance with the provisions of Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. In addition to those provisions, nonconforming establishments shall be required to apply for a conditional use permit in compliance with Chapter 11.5.20: Development Permits, if any of the following occur:
1.
The existing establishment requests permission from the ABC to allow
the serving of distilled spirits in addition to its original license
to sell or serve beer and wine only;
2.
The establishment's liquor license is revoked;
3.
The establishment's liquor license is suspended for more than 45
days by the ABC; or
4.
There is a proposed expansion of the area within the establishment
that is designated for the sale or consumption of alcoholic beverages.
(Ord. 1598)
Where allowed by Part II: Base District Regulations, animal
keeping shall comply with the regulations of this section.
A.
Type
and Number of Animals Allowed. The keeping of animals and birds for
non-commercial purposes shall be limited to the following number of
animals. Any animal or number of animals other than the following
shall be prohibited.
B.
Reptile
Location Requirements. Reptiles maintained on a property out of doors
shall be kept in a fully enclosed structure located a minimum distance
of 10 feet from any lot line, 50 feet from any dwelling unit, and
100 feet from any school, hospital, or similar institution.
(Ord. 1598)
A.
Applicability. The following criteria apply to all assisted living facilities, including congregate care, board and care, and skilled nursing facilities. Congregate care housing facilities are multiunit residential projects reserved for senior citizens, where each dwelling unit has individual living, sleeping, and bathing facilities, but where common facilities are typically provided for meals and recreation. See also Section 11.4.05.125: Senior Citizen Apartments and Independent Living Facilities.
B.
Permit Requirement. Conditional use permit approval pursuant to Chapter 11.5.20: Development Permits is required to construct and operate assisted living facilities, including congregate care, board and care, and skilled nursing facilities.
C.
General
Standards. All assisted living facilities are subject to the following
standards:
1.
Compatibility with Surrounding Properties. The use does not create
impacts on surrounding properties and neighborhoods that are more
significant than would be caused by standard multi-unit rental projects.
2.
Provision of Common Areas. Common indoor business, recreational,
and social activity areas of a number, size, and scale consistent
with the number of living units shall be provided, with not less than
5% of the total indoor floor area devoted to educational, recreational,
and social facilities (e.g., library, multi-purpose common room, recreation
room, TV room).
3.
Laundry Facilities. Common laundry facilities of sufficient number
and accessibility, consistent with the number of living units.
4.
Residency Limitations. Residents shall be limited to those in need
of an assisted living environment, together with a spouse or partner
in each unit.
5.
Conversion to Other Residential Living Type. If a congregate care/assisted
living facility approved in compliance with this section is changed
to another use (for example, the project converts to a conventional
unrestricted multi-unit project), the project shall be modified to
meet all applicable standards of this zoning code.
6.
Required Safety Equipment. Indoor common areas and living units shall
be provided with necessary safety equipment (e.g., safety bars), as
well as emergency signal/intercom systems, subject to the approval
of the director and building official.
7.
Security Lighting. Adequate internal and external lighting shall
be provided for security purposes. The external lighting shall be
stationary, directed away from adjacent properties and public rights-of-way,
and of an intensity compatible with the surrounding neighborhood,
in compliance with Section 11.4.10.020.A: Lighting.
8.
Premises Security. The entire project shall be designed to provide
maximum security for residents, guests, and employees.
9.
Allowable Common Facilities. The project may provide one or more
of the following specific common facilities for the exclusive use
of the residents:
10.
Transit Facilities. Transit facilities shall be provided as follows:
a.
A bus turnout and shelter along the street frontage shall be provided
if the facility is on an established bus route, and is coordinated
with the transit authority.
b.
Facilities with 50 or more dwelling units shall provide private dial-a-ride
transportation shuttles, with the exact number and schedule to be
determined by the review authority.
(Ord. 1598)
A.
Permit Requirement. Minor use permit approval pursuant to Chapter 11.5.20: Development Permits is required to establish an ATM on the exterior of a structure.
B.
Location
Requirements. ATMs proposed on the exterior of structures shall be:
1.
Set back from an adjacent street curb by a minimum of 8 feet;
2.
Located a minimum of 30 feet from any property line corner at a street
intersection;
3.
Located to not eliminate or substantially reduce any landscaped areas;
4.
Drive-through access to an ATM from a vehicle shall comply with Section 11.4.05.050: Drive-In and Drive-Through Facilities; and
5.
Be approved by the director or the city engineer to ensure safety
and adequate circulation area around the ATM.
C.
Architectural
Design. All construction and modifications to the exterior of the
structure pertaining to the installation of an ATM shall be completed
in a manner consistent with the architectural design of the structure.
D.
Trash
Disposal. Each exterior ATM shall be provided with a receptacle sufficient
in size and design to safely accommodate daily trash and any smoking
materials discarded by users of the ATM.
E.
Lighting.
Each exterior ATM shall be provided with security lighting in compliance
with Section 11.4.10.020.A: Lighting, or state law, whichever is most
restrictive.
(Ord. 1598)
Requirements for the establishment, reconstruction, and operation
of automobile service stations shall be subject to the following criteria
and standards:
A.
Permit Requirement. The establishment of a new service station, or the reconstruction, enlargement or alteration of an established service station may be approved only through the granting of a conditional use permit. In addition to all other application materials required for the conditional use permit the applicant shall also provide a photo-simulation showing the new or remodeled service station facilities in place on the project site, together with its relationship to existing surrounding land uses. The commission shall make the following findings in addition to the findings required by Chapter 11.5.20: Development Permits:
1.
The proposed use will not substantially increase vehicular traffic
on any public rights-of-way in the immediate vicinity, especially
those serving residential uses;
2.
The proposed use will not create increased traffic hazards to pedestrians
when located near a religious institution, school, theater, or other
place of assembly; and
3.
The products offered for sale will be displayed with consideration
to their visual impacts.
B.
Automobile
Service Station Development and Operational Standards. New and reconstructed
service stations shall comply with the following standards:
1.
Major Intersections. Service stations shall be allowed only at the
intersections of either 2 major streets or at the intersections of
a major street and a primary, secondary or minor street.
2.
Maximum Number of Stations at an Intersection. A maximum of 2 service
stations shall be allowed at an intersection.
3.
Minimum Site Area. The minimum site area shall be 22,500 square feet.
4.
Minimum Frontage. The minimum frontage shall be 150 feet on each
street.
5.
Minimum Street Setbacks. Structures shall be set back at least 30
feet from a street property line.
6.
Minimum Side and Rear Setbacks Adjacent to Residential Districts.
Structures shall be set back at least 30 feet from the side and rear
property lines where the adjoining parcels are located in a residential
zoning district.
7.
Minimum Side and Rear Setbacks Adjacent to Nonresidential Districts.
The setback shall be determined by the conditional use permit when
structures are adjacent to nonresidential zoning districts.
8.
Vehicular Access Points. There shall be no more than 2 vehicular
access points to/from each public right-of-way;
9.
Distance between Curb Cuts. There shall be a minimum distance of
30 feet of full height curb between curb cuts along a public right-of-way.
10.
Location of Driveways. Driveways shall not be located closer than
25 feet to the end of a curb corner; closer than 25 feet to a common
property line when adjacent to a residential district; and at a location
approved by the reviewing authority when the adjoining property is
located in a commercial or industrial district.
11.
Driveway Widths. The width of a driveway shall not exceed 25 feet,
measured at the sidewalk.
12.
Parking. On-site parking shall be provided at a minimum ratio of one space for each pump island; plus one space for each service bay; and if a convenience market is provided, additional parking to serve the convenience market shall be provided in compliance with Chapter 11.4.20: Off-Street Parking and Loading.
13.
Pump Islands.
a.
Pump islands shall be set back a minimum of 30 feet from any residential
property line to the nearest edge of the pump island. A canopy or
roof structure over a pump island may encroach up to 12 feet within
this distance.
b.
Pump islands shall be set back a minimum of 20 feet from any nonresidential
property line to the nearest edge of the pump island. A canopy or
roof structure over a pump island may encroach up to 12 feet within
this distance, but no closer than 8 feet to the property line.
14.
Cashier Location. The cashier location shall provide direct visual
access to the pump islands and the vehicles parked adjacent to the
islands.
15.
Canopies. Canopy height shall be limited to a maximum of 18 feet.
17.
Landscaping. Landscaping shall comprise a minimum of 15% of the service station site area, exclusive of required setbacks, and shall be provided and permanently maintained in compliance with the following regulations, as well as those identified in Chapter 11.4.30: Landscaping and Buffer Yards:
a.
A minimum 4-foot wide, inside dimension, and 6-inch high curbed landscaped
planter area shall be provided along the street property lines, except
for openings to facilitate vehicular circulation, and along side and
rear property lines adjoining residentially zoned properties;
b.
Where the planter area(s) is adjoining a peripheral wall, trees planted
not more than 16 feet apart shall be included in the planter area(s)
which shall be a minimum of 6 feet wide, inside dimension;
c.
An on-site planter area of not less than 200 square feet shall be
provided at the corner of the two intersecting streets. Landscaping
shall not exceed a height of 42 inches at this location;
d.
A minimum of 50 square feet of planter area shall be located along
those portions of the main structure fronting on public rights-of-way;
e.
Additional landscaping may be required to screen the service station from adjoining public rights-of-way and properties, in compliance with Chapter 11.4.30: Landscaping and Buffer Yards; and
f.
Street trees shall be planted as approved by the city engineer.
18.
Exterior Lighting.
a.
All exterior light sources, including canopy, flood, and perimeter
shall be energy efficient, stationary, and shielded or recessed within
the roof canopy to ensure that all light is directed away from adjoining
public rights-of-way and properties.
20.
Peripheral Wall.
a.
Where a service station adjoins property in a residential zoning
district, a solid decorative masonry wall shall be constructed along
the common property line. The height of the wall, which shall be between
8 and 10 feet in height, shall be measured from the finished grade
of the residential property. Colors, design, materials, and textures
of the wall shall be compatible with on-site development and adjoining
properties and subject to the approval of the director.
b.
When the wall reaches the established front or street side setback
line of a residentially zoned parcel adjoining the service station,
the height of the wall shall be between 36 and 42 inches, inclusive.
c.
Where a service station adjoins property in a commercial zoning district,
the provision of peripheral walls shall be determined through the
conditional use permit approval.
21.
Location of Activities. All activities and operations shall be conducted
entirely within the enclosed service station structure(s), except
as follows:
a.
The dispensing of petroleum products, air, and water from pump islands;
b.
The provision of emergency service of a minor nature;
c.
The sale of items via vending machines which may only be placed next
to the main structure in a designated area not to exceed 32 square
feet and which shall be roofed and screened from public view;
d.
The display of allowed automotive merchandise on each pump island,
provided that the aggregate display area on each island shall not
exceed 12 square feet and that the products shall be located in a
specially designed enclosed case; and
e.
Motor vehicle products displayed along the front of the structure
shall be within 36 inches of the structure, and limited to 5 feet
in height and not more than 5 feet in length.
22.
Vehicle Parking.
a.
Outside storage of motor vehicles is prohibited. For the purpose
of this section, outside storage shall mean the parking of a motor
vehicle in an unenclosed area of the service station for longer than
24 hours, unless the vehicle is in the process of being serviced,
in which case it may be parked for a maximum period of 72 hours.
b.
Vehicles shall not be parked on alleys, driveways, parkways, or sidewalks.
c.
Vehicles shall not be parked on the premises for the purpose of offering
same for sale.
d.
Parking shall be located and screened to minimize visibility of parked
vehicles from adjoining public rights-of-way.
e.
Vehicles shall not be parked on any public street or public right-of-way
in a commercial area for a period greater than 72 hours and must abide
by all posted rules and regulations.
f.
Vehicles shall not be parked on any public street in a noncommercial
area.
23.
Tow Services. Tow service operations may only be conducted upon the
approval of a conditional use permit and in compliance with all appropriate
conditions of the approved conditional use permit, which shall establish
conditions for operations to not create a public nuisance for adjoining
properties. Conditions may be imposed regarding the following operations:
24.
Sale of Beer and Wine. No alcohol shall be sold at an automobile
service station convenience market, except as follows:
a.
The service station convenience market shall comply with all requirements
for off-sale retail applications in City Council Policy 600-1: Standard
Conditions for Alcohol Related Land Uses, including, but not limited
to, the maximum proximity to residences, the proscription of an undue
concentration of alcohol uses, and the prohibition on onsite consumption;
and the conditional use permit shall contain the applicable Standard
Conditions for Alcohol Related Land Uses, pursuant to City Council
Policy 600-1.
b.
The service station convenience market shall be located in a zone
permitting an automobile service station use.
c.
The business shall not be located within 1,000 feet of a park, religious
institution or school, whether such use is within or outside of the
city.
d.
The distances specified in this section shall be measured in a straight
line, without regard for intervening structures, from the property
line of the lot containing the service station convenience market
to the property line of the lot containing the residence, park, religious
institution, school, or business.
e.
The determination on whether to permit the sale of beer and wine
at a service station convenience market shall be supported by written
findings, based on substantial evidence in view of the whole record.
25.
Site Maintenance.
a.
Used or discarded automotive parts or equipment, or permanently disabled
junked or wrecked vehicles shall not be located outside of the main
structure.
b.
A waste collection and disposal storage area, completely enclosed
with a masonry wall not less than 6 feet high with a solid gated opening,
and large enough to accommodate standard-sized commercial trash bins,
shall be located on the rear portion of the property in a manner which
is accessible to refuse collection vehicles.
c.
Driveways and service areas shall be maintained and kept free of
grease, oil, and other petroleum products in addition to litter. These
areas shall be periodically cleaned with equipment that dissolves
spilled grease, oil, and other petroleum products without washing
them into the drainage, gutter, or sewer systems.
26.
Public Service Facilities. All service stations shall:
a.
Provide restrooms on-site, at no charge, for public use during normal
business hours. The restrooms shall be continuously maintained in
compliance with the standards of the county health department;
b.
Provide and maintain in usable and good working order, an air pump
and radiator water hose for public use.
27.
Restroom Screening. Restroom entrances viewable from adjoining rights-of-way
or properties shall be concealed from view by planters or decorative
screening subject to the approval of the director.
28.
Noise. Service station noise (e.g., bells, loudspeakers, tools, etc.)
shall not be audible from residentially zoned or occupied parcels
between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays,
and before 10:00 a.m. and after 7:00 p.m. on Sundays and nationally
recognized holidays. All operations shall also comply with the noise
requirements of Section 11.4.10.020.B: Noise.
29.
Oil Collection Centers. All new service stations which have on-site
service bays where routine auto maintenance tasks are performed shall:
30.
Pollution Prevention. Permit applications for new or modified service
stations shall include plans to implement best management practices
to eliminate discharge into storm drains in compliance with the city's
NPDES criteria.
31.
Hazardous Materials. All necessary permits for the storage and use
of hazardous materials shall be obtained. All automotive fluids shall
be recycled or removed according to applicable state and federal standards.
32.
Prohibited Uses. The storage or repair of wrecked or abandoned vehicles,
vehicle painting, body or fender work, or the rental of vehicle storage
or parking spaces is prohibited.
(Ord. 1598; Ord. 1672)
Automobile/vehicle sales and services shall be located, developed
and operated in compliance with the following standards:
A.
Minimum
Lot Size. Automobile/vehicle sales and services may not be located
on any lot smaller than 10,000 square feet in area.
B.
Landscaping and Buffer Yards. In addition to the requirements of Chapter 11.4.30: Landscaping and Buffer Yards, which apply to any commercial use adjacent to a residential use, the following buffer and landscaping requirements apply to any automobile/vehicle service and repair use:
1.
For parking and other unenclosed areas along street-facing yards,
a solid wall, 2.5 to 3.5 feet in height shall be provided, located
between 6 and 10 feet from the back of the sidewalk. Landscaping between
the sidewalk and wall is required. Landscaped areas shall be enclosed
by a 6-inch high concrete curb to prevent damage from automobiles.
Chain-link fencing is prohibited.
2.
Notwithstanding any provision in Chapter 11.4.30: Landscaping and Buffer Yards to the contrary, landscaping shall comprise a minimum of 15% of the site area. All landscaped areas shall be permanently maintained in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. Additional landscaping may be required where necessary to prevent visual impacts to adjacent properties.
C.
Buildings.
All new sales buildings shall be built abutting the sidewalk and must
have views into the building or window displays at least 3 feet deep.
D.
Exterior
Lighting.
1.
All exterior light sources, including canopy, flood, and perimeter
shall be energy efficient, stationary, and shielded or recessed to
ensure that all light is directed away from adjoining public rights-of-way
and properties.
E.
Tow
Services. Tow service operations may only be conducted upon the approval
of a conditional use permit and in compliance with all appropriate
conditions of the approved conditional use permit, which shall establish
conditions for operations to not create a public nuisance for adjoining
properties. Conditions may be imposed regarding the following operations:
F.
Noise.
All body and fender work, or similar noise-generating activity, shall
be enclosed in a masonry or similar building with sound buffers to
absorb noise. Automobile/vehicle sales and services shall comply with
the noise requirements in Section 11.4.10.020.B: Noise.
G.
Work
Areas for Automobile/Vehicle Service and Repair Uses. All automobile/vehicle
service and repair activities, including disassembly and assembly
activities, shall be performed within an enclosed building. Vehicle
bays shall not directly face an existing residential development or
zoning district and shall be designed to minimize the visual intrusion
onto adjoining public rights-of-way and properties.
H.
Litter.
The premises shall be kept in an orderly condition at all times. No
used or discarded automotive parts or equipment or permanently disabled,
junked, or wrecked vehicles may be stored outside a building.
I.
Hazardous
Materials. All necessary permits for the storage and use of hazardous
materials shall be obtained. All automotive fluids shall be recycled
or removed according to applicable state and federal standards.
J.
Vehicle
Storage. All vehicle storage areas shall be in the rear of buildings
and shall not front sidewalks. Vehicle storage areas shall be screened
by a solid, 6-foot high masonry wall. All vehicles associated with
the business must be stored on-site, and shall not be stored in the
public right-of-way.
K.
Signs. All signs shall comply with the requirements of Chapter 11.4.25: Sign Regulations. Subject to those requirements, the use of signs and advertising displays may be permitted for occasional special events or temporary sales.
L.
Vehicle
Dismantling. Dismantling of vehicles for purposes other than on-site
repair is prohibited.
(Ord. 1598)
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 licensing
by the California State Department of Social Services.
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 a minor 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 one 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.
5.
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.
6.
Wall Requirements—Outdoor Play Area. A 6-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.
7.
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.
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.
(Ord. 1598)
A.
Permit Requirement. Drive-in and drive-through facilities shall be allowed only through a conditional use permit pursuant to the provisions of Chapter 11.5.20: Development Permits.
B.
Development
Standards. Any eating and drinking establishment, retail use, bank
or financial institution, or other use providing drive-in or drive-through
facilities shall be located, developed and operated in compliance
with the following standards:
1.
Drive-In and Drive-Through Aisles. Such facilities shall be designed
to allow safe, unimpeded movement of vehicles at street access points
and within the travel aisles and parking space areas. A minimum 15-foot
interior radius at curves and a minimum 12-foot width shall be required.
Each drive-in and drive-through entrance and exit shall be set back
at least 100 feet from an intersection of public rights-of-way, measured
at the closest intersecting curbs; exceptions may be allowed with
approval by the city engineer, so long as exceptions will not increase
the risk of pedestrian or automobile accidents. Each entrance to an
aisle and the direction of flow shall be clearly designated by signs
and/or pavement markings or raised curbs outside of the public right-of-way.
2.
Drive-In and Drive-Through Queue Area. Each drive-through aisle shall
provide a sufficient queue area based on an interior traffic study
modeling prepared by the applicant and reviewed and approved as part
of the conditional use permit. The queue area shall not interfere
in any manner with public rights-of-ways or streets, or on-site and
off-site circulation and parking.
3.
Landscaping. Landscaping shall be provided pursuant to Chapter 11.4.30: Landscaping and Buffer Yards. Each drive-through aisle shall be appropriately screened with a combination of decorative walls and landscaping to prevent headlight glare and direct visibility of vehicles from adjacent streets, parking lots, and adjacent properties.
4.
Menu Boards. Menu boards shall not exceed 20 square feet in area,
with a maximum height of 6 feet, and shall face away from public rights-of-ways
unless located at least 35 feet from the street and adequately screened
therefrom. Noise levels measured at the property line of a drive-in
or drive-through service facility shall not increase the existing
ambient noise levels in the surrounding area. Noise shall comply with
the standards in Section 11.4.10.020.B: Noise. All outdoor speakers
shall be directed away from any residential district and shall provide
volume controls which can be operated and controlled by the business
operator and which automatically adjust to ambient noise levels.
5.
Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in
or drive-through aisles, unless no alternative exists. In such cases,
pedestrian walkways shall have clear visibility, emphasized by enhanced
paving, markings or signage.
(Ord. 1598)
A.
Permit Requirement. Extended hour businesses shall be allowed through a conditional use permit pursuant to the provisions of Chapter 11.5.20: Development Permits.
B.
Traffic
Impacts. The facility shall be designed, developed, and operated to
minimize impacts on nearby residential neighborhoods resulting from
late night or early morning vehicle or pedestrian traffic generated
by the business.
C.
Crime Prevention. The facility shall be designed, developed, and operated to provide the maximum feasible patron and employee security and crime prevention. Specifically, the design, installation, and maintenance of landscaping, fences, walls, hedges, outdoor displays and storage, security lighting, and solid waste storage areas shall promote customer, neighborhood, and employee security and minimize opportunities for crime to the greatest extent feasible. A minimum of one armed security guard, P.O.S.T. certified, shall remain on duty during all hours from 12:01 a.m. to 6:00 a.m. that the business is open. The commission may waive or modify the security guard requirement if an alternative method is determined to be acceptable in meeting the intent of this subsection and upon the recommendation of the Police Chief.
D.
Light
and Glare. On-site screening shall be installed and maintained, to
the satisfaction of the director, to minimize light and glare on adjoining
residential properties and dwelling units, in compliance with Section
11.4.10.020.A: Lighting.
E.
Noise.
Precautions shall be taken to minimize the noise impacts of entertainment,
music sources, employees and patrons (both within and outside of motor
vehicles) on adjoining residential properties in compliance with Section
11.4.10.020.B: Noise. No deliveries shall occur during extended hours.
F.
Number of Employees on Duty. A minimum of 2 employees (in addition to the guard specified in subsection C of this section) shall be on duty at all times between the hours of 12:01 a.m. to 6:00 a.m. that the business is open or employees are present. The commission may authorize 1 employee after determining that the employee will operate the business from an adequately secured facility and upon the recommendation of the Police Chief.
G.
Parking. Existing on-site parking spaces adjoining residential properties and dwelling units shall not be used between the hours of 12:01 a.m. to 7:00 a.m., except for employee parking. This standard shall not be construed or interpreted so as to encourage on-street parking within or immediately adjacent to any adjoining residential neighborhoods. The design, installation, and maintenance of on-site parking areas shall comply with Chapter 11.4.20: Off-Street Parking and Loading Standards.
H.
Complaints. Upon receiving any combination of 3 substantiated complaints from 3 different residences within 300 feet of the extended hour business within 1 calendar year concerning noise, hours of operation, and traffic control as specified in subsections B, E and G of this section, or at the discretion of the director or the planning commission, the planning commission shall review the extended hour business operation at a noticed public hearing conducted in accordance with the procedures outlined in Chapter 11.5.10: General Procedures of this zoning code.
1.
Complaint Procedures. Before submitting a complaint to the city pursuant
to this subsection, a complainant shall first submit to the operator
of the extended hour business a written complaint, signed by the complainant
and setting forth the complainant's address and telephone number.
If after 10 calendar days from the submittal of a complaint to the
operator, the complainant remains dissatisfied with the performance
of the extended hour business, the complaint may then be submitted
to the planning department, including the original complaint letter,
and documentation of any and all contact with the operator to resolve
the issues identified in the original complaint. The department of
development services shall investigate complaints within 14 calendar
days of receipt of the complaint to determine their validity.
2.
Substantiated Complaint. A complaint shall be considered substantiated
if the director determines that the operator has failed to respond
appropriately to a complaint concerning hours of operation, traffic
control, or noise. Complaints shall be limited to alleged violations
of the standards for hours of operation, traffic control, and noise,
and may originate only from residences within 300 feet of the applicable
extended hour business.
(Ord. 1598)
A.
Permit Requirement. Home occupations shall be allowed as a permitted use or through a minor use permit, as set forth in this section below and pursuant to the provisions of Chapter 11.5.20: Development Permits. Notwithstanding the foregoing, the operation of a large family day care home in a single-unit dwelling is instead subject to the requirements of Section 11.4.05.045: Child Day Care Facilities.
B.
Basic
Operating Standards. All home occupations shall comply with the following
operating standards:
1.
Main Residence. The location of the business shall be the main residence
of the person(s) conducting the business and shall be clearly incidental
and secondary to the use of the property for residential purposes;
2.
Outdoor Storage Prohibited. Storage shall not occur out-of-doors,
within a carport, or within an accessory structure;
3.
Garage Conversion Not Allowed. Any required garage parking area shall
not be converted into a work area or storage area for the home occupation;
4.
Exterior Appearance. There shall be no exterior indication of the
home occupation activity from the adjoining public rights-of-way or
from surrounding properties;
5.
Alterations Prohibited. The home occupation shall not require any
alteration(s) or modification(s) to the dwelling incompatible with
residential use or that would change its occupancy classification
in compliance with the California Building Code;
6.
Displays or Signs Prohibited. The home occupation shall not display
window or advertising sign(s), merchandise, products, or stock in
trade, or other identification of the home occupation on the premises;
7.
Equipment. Mechanical or electrical equipment shall not be installed
or maintained other than that which is compatible with domestic residential
use;
8.
Articles Offered for Sale. Articles offered for sale shall be limited
to those produced on the premises, or direct product distribution;
9.
Vehicles. Only 1 vehicle, with a capacity not exceeding 1 ton, may
be used and kept on the premises by the occupant directly or indirectly
in connection with a home occupation;
10.
Fire Safety. Activities conducted and equipment or material used
shall not change the fire safety or occupancy classifications of the
premises;
11.
Nuisances. The home occupation shall not cause or create offensive
or objectionable levels of hazards or nuisances (e.g., cold, dirt,
dust, electrical interference, fumes, heat, humidity, gas, glare,
light, noise, odor, smoke, solid waste, toxic/hazardous materials,
vibration, etc.), in excess of that customarily associated with similar
residential uses;
12.
Traffic Generation. The home occupation shall not generate additional
pedestrian or vehicular traffic substantially greater than that normally
associated with residential uses in the surrounding area;
13.
Allowable Deliveries. The home occupation may receive up to 2 deliveries
each day;
14.
Maximum Hours of Operation. The home occupation shall not be conducted
between the hours of 10:00 p.m. and 7:00 a.m. (except for child day-care
facilities);
15.
Employees. Only family members or persons living full-time on the
property shall be permitted to work at a home-based business;
16.
Compliance with all city noise ordinance requirements; and
17.
Allowable On-site Visits. The home occupation may allow up to 6 clients,
patients, or pupils to be present at any one time (except for child
day-care facilities); provided that there are no more than 2 groups
of visitors per week.
C.
Limitations on Director Approval for Home Occupations. Home occupations approved by the director as a permitted use shall be subject to the provisions of subsection B, Basic Operating Standards, of this section and the following limitations:
1.
Location. Conduct of the home occupation shall be confined completely
to the residential dwelling unit, and not within an accessory structure(s).
A home occupation shall not impair the use of a garage in terms of
providing required parking;
2.
Maximum Allowable Floor Area. A home occupation shall not be allowed
which requires more than one room and may not exceed 20% of the gross
floor area of the residence;
3.
Access. Access to the space devoted to a home occupation shall only
be from within the main residential dwelling unit;
D.
Home Occupations Requiring a Minor Use Permit. The following list identifies home occupation activities that may be allowable subject to the approval of a minor use permit, in compliance with Chapter 11.5.20: Development Permits:
1.
Use of an accessory structure;
2.
Use requiring more than one room or 20% of the gross floor area of
the residence;
3.
Uses which entail food handling, processing, or packing;
4.
Musical performance or instruction in the use of musical instruments
when either amplification is used or when 2 or more persons are receiving
instruction or performing at a time;
5.
Specified additional uses: pet grooming, or any other use or occupation
which the director determines is similar in nature to the previously
listed uses;
6.
Having more than one home occupation in a dwelling unit;
7.
Having an employee on-site who is not a resident; and
8.
Having on-site visitors in excess of that allowed under paragraph
B.17 of this section.
E.
Terms
of the Home Occupation Permit.
1.
Permit Nontransferable. A home occupation permit shall only be in
effect as long as the approved business is operated by the original
resident applicant at the address of the property appearing on the
application.
2.
Change(s) Requires New Permit. Any change in ownership or tenancy
from that appearing on the approved application shall result in the
home occupation permit being deemed void.
F.
Business
License Required. A business license is required for the establishment
and operation of a home occupation.
G.
Prohibited
Home Occupations.
1.
Criteria. A home occupation is prohibited if it would result in any
of the following conditions:
a.
Not comply with the standards and criteria identified in the basic
operating standards set forth above;
b.
Be inconsistent with the general plan and any applicable specific
plan;
c.
Threaten the health and safety of the citizens of the city; or
d.
Represent a use that would clearly conflict with the normal residential
quality of the surrounding neighborhood.
2.
Examples of Prohibited Home Occupation Uses. The following is a nonexclusive
list of examples of nonresidential uses that are not incidental to
or compatible with residential activities, and are therefore prohibited
as home occupations:
a.
Adult businesses;
b.
Animal hospitals or the boarding, caring, harboring, raising, training,
or treatment of animals or birds for profit;
c.
Beauty shops and barber shops;
d.
Catering;
e.
Dance or night clubs;
f.
Maintenance and storage of equipment, materials, and other accessories
for the construction and service trades;
g.
Massage therapy;
h.
Medical and dental offices, clinics, and laboratories (not including
chiropractors and counselors/psychotherapists);
i.
Mini self-storage;
j.
Retail sales, except for artist's originals or products individually
made-to-order on the premises;
k.
Vehicle repair or storage (body or mechanical, including boats and
recreational vehicles), upholstery, automobile detailing and painting
and the display and sale of any vehicle(s);
l.
Welding and machining; and
m.
Other uses determined by the director not to be incidental to or
compatible with residential activities.
(Ord. 1598)
A.
Permit Requirement. Kiosks or a kiosk program for multiple kiosks shall require approval of a minor use permit in compliance with Chapter 11.5.20: Development Permits and shall be developed in compliance with an approved site plan, elevations, and materials board. The materials board shall include specifications for any security panels.
B.
Location
Requirements. Kiosks shall be:
1.
On private property in commercial zones only as identified in Table
11.2.10.010: Use Regulations—Commercial and Mixed-Use Districts;
2.
In multi-tenant projects of greater than 20,000 commercial square
feet with outdoor spaces of greater than 1,000 square feet;
3.
If a kiosk is proposed within 10 feet of the public right-of-way,
the applicant must have the site plan reviewed and approved by the
city engineer;
4.
Located in a manner that allows for proper handicap access around
the entire kiosk area; and
5.
Kiosks shall be stationary in an area designated by the approved
site plan.
C.
Architectural
Design. All construction and modifications to the kiosks shall:
D.
Parking.
There shall be no off-street parking required for this use per Section
11.4.20.015.E: Uses Not Specified.
E.
Trash
Disposal. Each kiosk shall provide a receptacle sufficient in size
to accommodate trash and any smoking materials (where applicable)
discarded by users of the kiosk or be provided receptacles in designated
areas by the management of the property where the kiosk(s) are located.
F.
Lighting.
Each kiosk shall be provided with lighting in compliance with Section
11.4.10.020.A: Lighting or state law, whichever is most restrictive.
G.
Signs. Each kiosk may provide signage of 3 square feet or less in size that shall be permitted on 2 sides of the kiosk that is exempt from the sign permit per Chapter 11.4.25: Sign Regulations. Kiosk signage may be provided on the roof or at the roof line. All other signage that does not meet this dimension requires issuance of a sign permit.
The owner or operator of a kiosk shall display, in a place readily
visible to the public, a telephone number and address where the owners
may be reached. Such display shall not count as signs for the purposes
of this section.
H.
Noise.
No music or amplified noise shall be permitted to emit from the kiosk.
I.
Location
of Merchandise. All items for sale shall be stored and displayed on
the kiosk only. No ancillary shelving units for display or storage
may be placed adjacent to the kiosk. Each side of the kiosk must have
items for display and sale.
J.
Food
Sales. Any kiosk supplying food for sale shall obtain proper health
department licensing.
K.
Business
Licensing. Any kiosk engaging in a business that requires a business
license must also obtain that license prior to operation of the kiosk.
L.
Building
Permits Required. Kiosks must obtain any applicable building permits.
M.
Outdoor Dining. Any outdoor seating accessory to a food kiosk(s) shall meet the requirements of Section 11.4.05.090: Outdoor Dining, Display and Sales Standards.
N.
Performance
Bond. Submission of a performance bond or other surety measures, satisfactory
to the director, is required to ensure that upon abandonment of the
use and removal from the site that the property will be cleaned of
debris, or other evidence of the structure, and the site restored
to its former condition.
(Ord. 1598)
A.
Permit Requirement. Liquor stores shall require a conditional use permit in compliance with Chapter 11.5.20: Development Permits, and as identified in Table 11.2.10.010: Use Regulations—Commercial and Mixed-Use Districts.
Liquor stores shall be located, developed and operated in compliance
with the following standards and the conditional use permit shall
contain the applicable standard conditions for alcohol related land
uses, pursuant to the City Council Policy 600-1. These standards apply
only to establishments selling alcohol for off-site consumption and
do not apply to full-service eating and drinking establishments.
B.
Standards.
2.
Hours of Operation. Operating hours will be determined by approval
of a conditional use permit.
3.
Litter. One permanent, non-flammable trash receptacle shall be installed
in the parking area adjacent to the entrance/exit of the store.
4.
State License. Liquor stores shall comply with all provisions of
any license required for such stores by the State of California Department
of Alcoholic Beverage Control.
(Ord. 1598)
A.
Required
Certification. A manufactured home shall constitute a permitted use
in all residential districts, provided that any such manufactured
home is certified under the standards set forth in the National Manufactured
Housing Construction and Safety Standards Act of 1976 (42 USC 5401
et seq.), as amended at the time of any application for placement
of such manufactured home.
B.
General
Requirements. A manufactured home developed in a residential district
outside a mobile home park shall be subject to the following requirements:
1.
Site Requirements. The site, and the placement of the unit on the
site shall comply with all zoning, subdivision, and development standards
applicable to a conventional single-unit dwelling on the same parcel.
2.
Permanent Foundation. The manufactured home shall be placed on a
permanent foundation in accordance with the standards set forth in
the California Building Code and Health and Safety Code Section 18551.
3.
Age of Home. No more than 5 years may elapse between the date of
the manufacture of the manufactured home and the date of the application
for issuance of a permit to install a home on a residential lot in
the city.
4.
Exterior Materials. Manufactured homes are to be covered with an
exterior material compatible with residential structures in the surrounding
area, and shiny or metallic finishes are prohibited. The exterior
covering material must extend to finished grade. If a solid concrete
or masonry perimeter foundation is used, the exterior covering material
need not extend more than 3 inches below the top of the foundation.
Alternative skirting materials, customarily used in conventional residential
structures, are permitted.
5.
Roofing. All roofs on manufactured homes shall be comprised of asphalt
tile, shingles or other materials and shall comply with the most recent
edition of the California Building Code for fire rating for residential
structures. Eave overhangs shall be at least 12 inches, but not more
than 16 inches, and the roof pitch shall be no less than 5:12.
6.
Utilities. Each manufactured home shall be provided permanent hookups
for electricity, gas, water, and sewer connections in the same manner
applicable to permanent buildings. Gas shutoff valves, meters, and
regulators shall not be located beneath the manufactured home, in
compliance with the requirements of the California Building Code for
comparable residential structures.
C.
Surrender
of Registration/Taxation. A mobile home which has been placed on a
foundation pursuant to this section shall be subject to local property
taxation pursuant to Section 18551 of the Health and Safety Code and
Section 109.7 of the Revenue and Taxation Code.
1.
Surrender of Registration Prior to Certificate of Occupancy. Prior
to occupancy, the owner shall request a certification from the Seal
Beach Building Department that a certificate of occupancy be issued
pursuant to Section 18551(b)(2) of the California Health and Safety
Code. Thereafter, for an existing mobile home, any vehicle license
plate, certificate of ownership and certificate of registration issued
by a state agency is to be surrendered to the appropriate state agencies.
2.
DMV Statement when not Previously Registered. Where the mobile home
is new and never has been registered with DMV, a statement to that
effect from the dealer selling the mobile home shall be submitted
to the city.
3.
Mobile Home Taxation and Exemptions. Mobile homes placed on a permanent
foundation pursuant to this section become exempt from vehicle license
fees and become subject to property tax laws. Such mobile homes become
eligible for exemptions.
(Ord. 1598)
Where allowed by Part II: Base District Regulations, public
and private meeting facilities, private schools, and similar institutional
uses shall comply with the regulations of this section.
A.
Permit Requirement. Conditional use permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to establish and operate such uses, except for public schools.
B.
Allowable
Accessory Uses. Only the uses specifically identified in and authorized
by an approved conditional use permit shall operate on the same site
as the principal use. For example, a day care center or private school
located on the site of a meeting facility used for other purposes
must be identified as an authorized use in the conditional use permit
for the facility. Otherwise, any additional use shall require an amendment
to the original conditional use permit.
C.
Parking
Restrictions in Neighborhoods. When a new meeting facility is established
in a new building in any residential zone, the required front yard
setback shall not be used for parking purposes.
D.
Compatibility with Surrounding Uses. Conditional use permit approval shall require that the commission first make the following findings in addition to those required by Section 11.5.20.020: Required Findings:
1.
That all buildings, structures, and landscaping will be developed
in a manner compatible with the desired character of the surrounding
neighborhood;
2.
That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses and in compliance with Chapter 11.4.30: Landscaping and Buffer Yards; and
3.
That all exterior lighting will be designed, oriented, and constructed
to shield adjacent properties from adverse glare effects and in compliance
with Section 11.4.10.020.A: Lighting.
(Ord. 1598)
A.
Permit Requirement. Minor use permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to establish a news or flower stand.
B.
Location
Requirements. A news or flower stand shall:
1.
Be located parallel and adjacent to the wall of a structure. A freestanding
news or flower stand is allowed only as a roofed kiosk; and
2.
Not be located:
a.
Within 3 feet of a display window of any structure abutting the sidewalk,
or so as to interfere with or restrict the reasonable use of the window
for display purposes;
b.
Within 100 feet of any residential use within a residential zoning
district;
c.
Within 1,000 feet of another news or flower stand, or florist, provided
that this distance may be reduced by the director if the proposed
use is determined not to be detrimental to public safety and welfare;
or
d.
So that the sidewalk is reduced to less than 8 feet on secondary
and major highways and 6 feet on other streets. This requirement may
be modified by the director where the clear passage provided is safe
and adequate, as determined by the city engineer.
C.
Design
and Construction Requirements.
1.
A stand shall be soundly constructed of wood, metal, or other suitable
permanent material, and designed in a manner and color to be compatible
with the adjacent structures whether the stand is opened or closed.
Security doors shall be designed as an integral part of the structure.
2.
Shelving shall not exceed 8 feet in height nor 2 feet in depth.
D.
Maintenance.
The news and flower stand shall be maintained in a clean and neat
condition and in good repair, at all times.
E.
Signs.
Signs shall be designed as an integrated part of the stand, and shall
comply with the following requirements:
1.
A stand shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 11.4.25: Sign Regulations.
2.
The owner or operator of an outdoor news or flower stand shall display,
in a place readily visible to the public, a telephone number and address
where the owners may be reached. Such display shall not count as signs
for the purposes of this section.
F.
Additional
Product Sales. In addition to the sale of newspapers, magazines, and
other periodicals, for newsstands, and flowers and plants, for flower
stands, the owners or operators may sell other related accessory products,
not to exceed 10% of the total merchandise displayed.
G.
Hours
of Operation. The allowable hours of operation of a news or flower
stand shall be established by the minor use permit approval.
H.
Encroachment
Permit. If a news or flower stand is proposed within a public right-of-way,
the owners or operators shall apply for an encroachment permit from
the city engineer before applying for approval of the stand by the
director.
I.
Performance
Bond. Submission of a performance bond or other surety measures, satisfactory
to the director, is required to ensure that upon abandonment of the
use and removal from the site that the property will be cleaned of
debris, or other evidence of the structure, and the site restored
to its former condition.
(Ord. 1598)
This section provides development and operational requirements
for the establishment of outdoor uses, including temporary, accessory,
and permanent outdoor displays and sales and similar uses where merchandise
is displayed for sale (e.g., garden nurseries, lumber yards), and
outdoor dining and seating areas, which shall be subject to the following
criteria and standards:
A.
Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a minor use permit, in compliance with Chapter 11.5.20: Development Permits and the following standards. In approving an application for a minor use permit, the planning commission may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by Section 11.5.20.020: Required Findings. These conditions may address any pertinent factors affecting the operation of the temporary use, and may include the following:
1.
Fixed Period of Time. Provision for a fixed period of time as specified
by the permit, or where not specified, not to exceed 10 consecutive
days;
2.
Landscaping. Landscaping may be required to ensure that the use has
a pleasing appearance and that the screening requirements identified
in paragraph C.6, of this section, are satisfied, subject to the approval
of the director;
3.
Nuisance Factors. Regulation of nuisance factors including prevention
of glare or direct illumination on adjoining parcels, dirt, dust,
gases, heat, noise, odors, smoke, waste, and vibration;
4.
Operating Hours. Regulation of operating hours and days, including
limitation of the duration of the temporary use, as stated above;
5.
Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation, if applicable, in compliance with Chapter 11.4.20: Off-Street Parking and Loading;
6.
Performance Bond. Submission of a performance bond or other surety
measures, satisfactory to the director, may be required to ensure
that any temporary facilities would be removed from the site within
a reasonable time following the activity, the property would be cleaned
of debris, or other evidence of the activity, and the site restored
to its former condition;
7.
Sanitary and Medical Facilities. Provision for sanitary and medical
facilities, as appropriate;
8.
Security. Provision for security and safety measures, if applicable;
9.
Setbacks. Provision of appropriate setbacks to ensure separation
from adjoining land uses and a safe environment for pedestrians and
vehicles, subject to the approval of the director;
11.
Temporary Structures. Regulation of temporary structures and facilities,
including placement, height and size, location of equipment and open
spaces, including buffer areas and other yards;
12.
Waste Collection and Disposal. Provision for solid, hazardous, and
toxic waste collection, recycling and/or disposal;
13.
Zoning Code Compliance. A requirement that the approval of the requested
minor use permit is contingent upon a finding, by the planning commission
that the activity would be in compliance with the applicable provisions
of this section, the zoning code, and successful approval of all required
permits from another department(s) or governing agency; and
14.
Other Conditions. Other conditions that would ensure the operation
of the proposed temporary activity in an orderly and efficient manner.
B.
Accessory Outdoor Display. Outdoor displays incidental and complementary to an allowed use on commercially or publicly zoned parcels shall be subject to the approval of a minor use permit approved pursuant to Chapter 11.5.20: Development Permits, and all of the following standards.
1.
Outdoor displays shall be:
a.
Approved with a defined fixed location entirely on private property
that does not disrupt the normal function of the site or its circulation,
and does not encroach upon driveways, landscaped areas, or parking
spaces. Displays shall not obstruct traffic safety sight areas or
otherwise create hazards for vehicle or pedestrian traffic. They shall
also be placed so that the clear space for the passage of pedestrians
upon any private walkways is not reduced to less than 8 feet. Placements
within the public right-of-way is prohibited;
b.
Directly related to a business occupying a permanent structure on
the same site, and shall display only goods of the primary business
on the same site;
c.
Limited to artwork and pottery, flowers and plants, handicrafts,
furniture, or other items which are determined by the director to
be similar in nature;
d.
Limited to the hours of operation of the business and portable and
removed from public view at the close of each business day;
e.
Managed so that display structures and goods are maintained at all
times in a clean and neat condition, and in good repair; and
f.
Placed to not block structure entrances and on-site driveways.
C.
Permanent
Outdoor Displays and Sales.
1.
Permit Requirement. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with Chapter 11.5.20: Development Permits, and shall comply with the following standards and guidelines:
2.
Height of Displayed Materials. The outdoor display/sale of merchandise
shall not exceed a height of 7 feet above finished grade.
3.
Location. Outdoor display/sale area(s) shall be located entirely on private property. They shall not encroach into required setbacks. In zoning districts where no setback is required, the outdoor area(s) shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of the conditional use permit, in compliance with Chapter 11.5.20: Development Permits.
4.
Location of Merchandise. Displayed merchandise shall occupy a fixed,
specifically approved, and defined location that does not disrupt
the normal function of the site or its circulation, and does not encroach
upon driveways, landscaped areas, parking spaces, or pedestrian walkways.
Displays shall not obstruct traffic safety sight areas or otherwise
create hazards for vehicle or pedestrian traffic.
5.
Relationship to Main Use. The outdoor display/sales area(s) shall
be directly related to a business occupying a permanent structure
on the subject parcel.
6.
Screening Required. Outdoor display/sales area(s), other than vehicle sales lots, produce stands, and nursery product sales, shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. Screening shall be provided to a height of 1 foot above the approved height of the merchandise and materials being displayed.
D.
Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants and other food service uses as an accessory and incidental use to a restaurant with indoor eating area on the same site subject to the approval of a minor use permit in compliance with an approved site plan which indicates the areas dedicated for outdoor dining and the maximum seating capacity for the outdoor dining area, in compliance with Chapter 11.5.20: Development Permits and the following standards.
Outdoor dining establishments shall also operate in compliance with Section 11.4.10.020: Performance Standards. In approving an application for a minor use permit, the planning commission may impose conditions deemed necessary to ensure that the permit would be in compliance with the findings required by Section 11.5.20.020: Required Findings and the minor use permit/conditional use permit shall contain the applicable standard conditions for alcohol related land uses, pursuant to the city council Policy 600-1. These conditions may address any pertinent factors affecting the operation of the outdoor dining or seating area, and include the following standards:
1.
Limitation on Seating. The number of seats in the outdoor dining
and seating area(s) shall not exceed 12 seats; otherwise, a conditional
use permit shall be required.
2.
Hours of Operation. The hours and days of operation of the outdoor
dining area shall be identified in the approved minor use permit or
conditional use permit.
3.
Separation by Physical Barrier. The planning commission may require
separation by a physical barrier. If required, such barriers must
be a minimum of 25% open and may not exceed 4 feet in height, except
as required by the California Building Code or the Alcoholic Beverage
Control Act. Only barriers composed of planters, or a retaining wall
may be solid. However, railings may have backings on the interior
(restaurant) side of the railing that are made of fabric or other
materials satisfactory to the planning commission. Pipe stanchions
linked by chains are not permitted as a railing. Railing designs must
be submitted to the director, the city engineer if adjacent to a public
right-of-way, and the building official for review and approval.
4.
Alcoholic Beverage Sales. Areas in which alcoholic beverages would
be served shall comply with the standards established by the State
Department of Alcoholic Beverage Control, and the following standards.
The dining and seating area(s) shall be:
a.
Accessible from inside the restaurant only, unless the director waives
or modifies this requirement in circumstances where this is not feasible
or practical;
b.
Clearly and physically defined. The area shall be clearly a part
of the restaurant it serves; and
c.
Supervised by a restaurant employee to ensure compliance with laws
regarding onsite consumption of alcoholic beverages.
5.
Landscaping. All outdoor dining areas shall include some landscaping. A landscape plan for the outdoor dining area may include the use of planter boxes and permanent vegetation, which shall comply with Chapter 11.4.30: Landscaping and Buffer Yards. Planter boxes may be constructed of wood, ceramics, stone, or metal. Plastic planter boxes are prohibited.
6.
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 a minor 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.
7.
Parking Requirements. Required parking for outdoor dining and seating area(s) shall be calculated in compliance with Chapter 11.4.20: Off-Street Parking and Loading.
8.
Clean-up. Outdoor dining area(s), whether part of a restaurant or
seating in common, shall be cleaned on a continual basis for removal
of litter and food items that constitute a nuisance to public health
and safety.
9.
Design Compatibility. To ensure compatibility with surrounding uses
and a high standard of design quality, the following standards shall
be implemented:
a.
Associated structural elements, awnings, covers, furniture, umbrellas,
or other physical elements that are visible from the public rights-of-way,
shall be compatible with the overall design of the main structure(s);
b.
Awnings, plants, umbrellas, and other human scale elements shall
be provided as necessary to enhance the pedestrian experience;
c.
The relation of the outdoor seating area to religious institutions,
hospitals, public schools, and residential uses shall be considered
by the reviewing authority. Proper mitigation measures shall be applied
to eliminate potential impacts related to glare, light, loitering,
and noise;
d.
Pedestrian or vehicular traffic flow shall not be obstructed, nor
shall existing pedestrian or vehicular movement areas be removed;
e.
Outdoor dining areas shall maintain adequate vehicular or pedestrian
traffic flow; and
f.
A minimum setback of 15 feet from adjoining residential district
property lines and 5 feet from adjoining parking lots shall be provided.
10.
Outdoor Cooking. Cooking within an outdoor dining area may occur
only with conditional use permit approval.
11.
Sound Buffering. A sound buffering, acoustic wall may be required
along property lines adjacent to the outdoor dining area. The design
and height of the wall shall be approved by the reviewing authority.
(Ord. 1598)
Recycling facilities shall be subject to the following standards:
A.
Reverse
Vending Machines. Reverse vending machines are permitted as specified
in Part II: Base District Regulations, and in addition, are subject
to the following criteria:
1.
Machines shall be located adjacent to the entrance of the commercial
host use and shall not obstruct pedestrian or vehicular circulation.
2.
Machines shall be clearly marked to identify the type of material
to be deposited, operating instructions, and the identity and phone
number of the operator or responsible person to call if the machine
is inoperative.
3.
Machines shall have a maximum sign area of 4 square feet exclusive
of operating instructions.
4.
Machines shall be illuminated to ensure comfortable and safe operation
between dusk and dawn.
5.
Machines shall provide a 40-gallon garbage can for non-recyclable
materials located adjacent to the reverse vending machine.
B.
Recycling
Collection Point. Recycling collection points are conditionally permitted
as specified in Part II: Base District Regulations, and in addition
are subject to the following criteria:
1.
Facilities shall be set back at least 10 feet from any street line
and not obstruct pedestrian or vehicular circulation.
2.
Facilities shall accept recyclable material as defined by the State
Department of Conservation.
3.
Containers shall be clearly marked to identify the type of accepted
material, the name and telephone number of the facility operator and
the hours of operation.
4.
Signs shall be a maximum of 20% per side of facility or container
or 16 square feet, whichever is larger. In the case of a wheeled facility,
the side is measured from the pavement to the top of the container.
5.
Facilities shall provide a 40-gallon garbage can for non-recyclable
materials adjacent to any receptacle where recyclable materials are
deposited.
6.
Visual screening is required around the recycling collection point,
the exact type, location, and amount to be determined by the reviewing
authority.
C.
Recycling
Processing Facility. Recycling processing facilities are conditionally
permitted as specified in Part II: Base District Regulations, and
in addition are subject to the following criteria:
1.
Facilities shall not abut a property zoned for residential use unless
specifically exempted by findings and conditions of the conditional
use permit.
2.
Facilities shall be screened from the public right-of-way by operating
within a fully enclosed building or within an area enclosed by a solid
block wall at least 6 feet in height with landscaping.
3.
Setbacks and landscape requirements shall be those provided for in
the base zone.
4.
No storage, excluding truck trailers and overseas containers, shall
be visible above the height of the fencing.
5.
Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. Signage shall conform to the provisions of Chapter 11.4.25: Sign Regulations.
6.
Facilities shall provide a 40-gallon garbage can for non-recyclable
materials on the property.
(Ord. 1598)
This section provides standards for residential accessory uses,
structures, and vehicle parking allowed in the zoning district applicable
to a parcel (see Table 11.2.05.015: Development Standards for Residential
Districts). Accessory uses include any use that is customarily related
to a residence, including carports, garages, greenhouses, storage
sheds, studios, above ground swimming pools/spas, and workshops; but
excludes accessory dwelling units and junior accessory dwelling units.
A.
Relationship
of Accessory Use to the Main Use. Accessory uses and structures shall
be incidental to and not alter the residential character or scale
of the parcel and may be established in compliance with this section
only on a parcel with an existing single-unit dwelling, or simultaneously
with the development of a new single-unit dwelling.
B.
Garage
Sales. Garage sales shall be limited to 4 per calendar year per site,
and a maximum of 2 days each following approval by the city.
C.
Attached
Accessory Structures.
1.
Structurally Part of the Main Structure. An accessory structure that
is attached to a main structure shall be compatible with, and made
structurally a part of the main structure (e.g., share a common wall
with the main structure, rely partially on the main structure for
structural support, or be attached to the main structure at a minimum
of 4 points within 20 feet).
2.
Compliance. An attached accessory structure shall comply with the
requirements of this zoning code applicable to the main structure,
including heights, setbacks, and site coverage.
3.
Exterior Design and Materials. An attached accessory residential
structure shall be architecturally compatible with the primary structure,
and have the same architectural style and materials.
D.
Detached
Accessory Structures.
1.
Minimum Separation. Detached accessory structures shall be separated
from the main structure by a yard, open to the sky, having a minimum
width of 6 feet;
2.
Side and Rear Setbacks and Height.
a.
Required Setbacks and Height. Detached accessory structures shall
not exceed 9 feet in height within 5 feet of any property line; 12
feet in height within 10 feet of any property line; and 15 feet at
the highest point of the roof; and shall not be placed closer than
5 feet to a side or rear property line. See Figure 11.4.05.100.D.2:
Detached Accessory Structure Setbacks and Height.
b.
Exceptions. The following structures are exempt from the detached
accessory structure setback requirements provided by subparagraph
2.a of this subsection:
i.
Pre-fabricated, detached accessory structures with an area of up
to 120 square feet, and an overall height not exceeding 8 feet, may
be placed adjacent to a side or rear property line.
ii.
Planter boxes and masonry planters with a maximum height of
36 inches.
iii.
Children's play equipment not exceeding 7 feet in height, movable
dog houses and similar structures.
iv.
Trash enclosures not exceeding 4 feet in height.
|
Figure 11.4.05.100.D.2 Detached Accessory Structure Setbacks
and Height
 |
3.
Prohibited in Specified Setbacks. Detached accessory structures are
prohibited in required front and street side setbacks.
4.
Maximum Lot Coverage. Maximum lot coverage for detached accessory
structures are set forth in Table 11.4.05.100.D.4: Maximum Lot Coverage—Detached
Accessory Structures.
|
Table 11.4.05.100.D.4
MAXIMUM LOT COVERAGE—DETACHED ACCESSORY STRUCTURES
| ||||
|---|---|---|---|---|
|
District
|
Maximum Height (ft.)
|
Maximum Lot Coverage (sq. ft.)
|
Location
|
Setbacks
|
|
RLD
|
15
|
225, up to 350 with a minor use permit
|
Rear one-half of lot
|
See paragraph 11.4.05.100.D.2
|
|
RMD
|
15
|
225, up to 350 with a minor use permit
|
Rear one-half of lot
|
See paragraph 11.4.05.100.D.2
|
|
RHD
|
15
|
225, up to 350 with a minor use permit
|
Rear one-half of lot
|
See paragraph 11.4.05.100.D.2
|
a.
This limitation shall not apply to a detached garage, or to a swimming
pool, barbecue, sport court, or other outdoor private residential
recreational facilities.
b.
This limitation also applies to the storage of recreational vehicles
and boats. See paragraph 11.4.05.100.O.2: Recreational Vehicles and
Boats.
5.
Height Limit. Detached accessory structures shall not exceed a height
of 15 feet.
6.
Compatibility. Construction and the use of materials and colors shall
be compatible with the main structure whenever feasible.
7.
Building Permit Required. A building permit shall be required for
all non-prefabricated accessory structures and for pre-fabricated
accessory structures larger than 120 square feet in area.
E.
Driveways,
Walkways, and Patios. Driveways, walkways, patio slabs, and other
areas paved with concrete, asphalt or similar materials, and wooden
decks, may be placed in up to 40% of the area within any required
setback, provided that the structures do not exceed a height of 12
inches. This requirement does not exclude the use of steps providing
access between areas of different elevation on the same site. At least
50% of all setback areas shall consist of permeable surface.
F.
Mechanical
Equipment. Ground-mounted air conditioners, swimming pool pumps, and
related and similar equipment may be placed within required rear setbacks,
provided that the equipment is:
G.
Antennas. Antennas are subject to the provisions of Chapter 11.4.70: Wireless Telecommunications Facilities.
H.
Garages. A detached accessory garage shall not occupy more than 600 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by a conditional use permit pursuant to Chapter 11.5.20: Development Permits.
I.
Guest
Rooms and Pool Houses. Guest rooms and pool houses shall be allowed
subject to the following limitations:
1.
No more than one guest room and one pool house shall be allowed on a single parcel unless a conditional use permit is obtained pursuant to Chapter 11.5.20: Development Permits.
2.
Kitchen facilities shall not be allowed within a guest room or pool
house; a pool house may have a sink and/or shower.
J.
Swimming
Pools/Spas/Hot Tubs. Private swimming pools, spas, and hot tubs are
allowed accessory to approved residential uses on the same parcel,
subject to the following provisions:
1.
Limitation on Use. The pool is to be used solely by occupants of
the dwelling(s) on the same parcel and their invited guests;
2.
Fencing. The swimming pool shall be secured by fencing and/or walls
to prevent uncontrolled access by children, in compliance with the
California Building Code.
|
See also Section 11.4.10.030: Swimming Pools and Hot Tubs, for additional regulations applicable to swimming pools, spas, and hot tubs located on residential properties.
|
K.
Minor
Accessory Structures—Freestanding Barbecues/Fireplaces, Sculptures,
and Fountains, etc. Minor accessory structures may be located in required
side and rear yard setbacks provided that the structure is located
in the rear two-thirds of the lot and a minimum 5-foot clearance is
maintained between such structure and dwelling if it is located in
the required side yard. Minor accessory structures that are decorative
such as landscape garden walls, fire pits, freestanding barbecues/fireplaces,
sculptures, and fountains may be located anywhere on the property
provided:
1.
They do not exceed 6 feet in height when located within the required
side and rear yard setback areas or exceed 42 inches in height when
located within the front yard setback; and
2.
Minor accessory structures greater than 6 feet in height and located in a required side or rear yard require minor use permit approval pursuant to Chapter 11.5.20: Development Permits.
3.
Rock formations shall be set back one foot from the side and/or rear
property lines for each foot of rock formation height, maximum 5-foot
setback required. See Figure 11.4.05.100.K.3: Rock Wall Setbacks Adjacent
to Property Line.
|
Figure 11.4.05.100.K.3 Rock Wall Setbacks Adjacent to
Property Line
 |
L.
Tennis
and Other Recreational Courts. Noncommercial outdoor tennis courts
and courts for other sports (e.g., racquetball, etc.) accessory to
a residential use are subject to the following provisions:
1.
Permit Requirement. Minor use permit approval pursuant to Chapter 11.5.20: Development Permits shall be required to establish a tennis or other recreational court.
2.
Fencing. Court fencing shall be subject to the height limits of Chapter 11.4.15: Fences, Hedges and Walls.
3.
Lighting. Court lighting fixtures shall not exceed a maximum height
of 15 feet, measured from the court surface. The lighting shall be
directed downward, shall only illuminate the court, and shall not
illuminate adjoining property, in compliance with Section 11.4.10.020.A:
Lighting.
M.
Workshops
or Studios. Any accessory structure intended solely or primarily for
engaging in artwork, crafts, light hand manufacturing, mechanical
work, etc. is subject to the following provisions when located in
a residential zoning district:
1.
Limitation on Use. An accessory structure may be constructed or used
as a studio or workshop in any residential zoning district solely
for the following noncommercial activities:
N.
Tents
and Portable Shelter Structures. The use of tents and other temporary
and portable shelter structures shall be allowed only within a rear
yard and subject to the provisions of paragraph D.4: Maximum Lot Coverage,
of this section.
O.
Restrictions
on Residential Parking within Residential Districts. The parking of
automobiles and recreational vehicles in residential zoning districts
shall comply with the following standards.
1.
Location. Automobiles shall not be parked between the street property
line and the front of a residential unit except on a driveway leading
to a garage or carport, or a semicircular driveway on a lot that has
a minimum frontage width of 80 feet. Semicircular driveways may be
approved only when the driveway interior is landscaped, and where
2 curb cuts are approved by the city engineer. See also subsection
11.2.05.015.L: Curb Cuts and Driveways—RLD-9 District.
2.
Recreational Vehicles and Boats. Recreational vehicles may be stored
or parked within single-unit residential districts only as follows:
a.
Recreational vehicles and boats may be stored only within the side
or rear yard behind the front line of the residential unit or, in
the case of a corner parcel, behind the front or street side line;
b.
A solid, minimum 6-foot high wall and/or gate shall screen recreational
vehicles and boats from view from public roadway and from adjoining
properties;
c.
Subject to the provisions of paragraph D.4: Maximum Lot Coverage,
of this section; and
d.
Recreational vehicles and boats may be temporarily parked on driveways
in front of residences for not more than 72 continuous hours.
P.
Driveway
Standards. Driveways providing site access shall be from an improved
street, alley, or other right-of-way and shall be designed, constructed,
and maintained as follows.
1.
Driveway Location. Driveways shall be located as far away from intersections
and as directly across from any existing driveway on the opposite
side of the street as is practical. Whenever a site has access to
more than 1 street, a driveway access shall be generally located on
the street with the lowest traffic volume, where the impact of a new
access will be minimized, provided that this location will not increase
traffic impacts on residential neighborhoods. All proposed driveways
are subject to approval by the city engineer.
2.
Number and Extent of Residential Driveways.
a.
Number of Driveways—Mid-block Parcels. As practical, the number
of driveways shall be limited to 1, provided that properties with
more than 80 feet of street frontage may devote an additional 18 feet
maximum to a second driveway if the additional driveway is separated
as much as is feasible from the main driveway, as approved by the
director, and if the city engineer determines that the second driveway
will not cause the loss of an on-street parking space in an area where
such a loss would cause significant harm to the general public welfare.
See also subsection 11.2.05.015.L: Curb Cuts and Driveways—RLD-9
District.
b.
Number of Driveways—Corner or Double Frontage Parcels. For
corner and double frontage parcels with residential uses other than
single-unit dwellings and duplexes, 1 access on each frontage may
be allowed if the city engineer determines that 2 driveways are needed
to provide safe access.
c.
Driveway Width. Driveway pavement shall be limited to a maximum width
of 20 feet, or 40% of the parcel width, whichever is less. Minimum
driveway width shall be 10 feet.
3.
Visibility Considerations. Driveways and driveway landscaping shall
be designed to maintain visibility and minimize interference with
passing pedestrians. Landscaping adjacent to a driveway and the walls
of the building shall be designed not to interfere with motorists'
views of the sidewalk and pedestrians' views of vehicles exiting the
project. See also subsection 11.4.20.030.C: Driveway Visibility.
(Ord. 1598; Ord. 1699)
Residential care facilities shall meet the following standards:
A.
Location.
If located in a residential district, the minimum distance from other
residential care facilities is 300 feet.
B.
Landscaping and Walls. A minimum 6-foot high perimeter wall, constructed of wood or masonry, is required to secure outdoor recreation areas and screen the site. Walls must be at least 75% opaque. Chain link fencing or barbed wire is prohibited. The project shall also comply with the provisions of Chapter 11.4.30: Landscaping and Buffer Yards.
C.
Traffic
Impacts. The operation of buses and vans to transport residents to
and from off-site activities shall not cause traffic operating conditions,
including street operation, intersection operation, and operation
of any turning movement in an intersection, to exceed Level of Service
"D" on collectors or local streets.
D.
Passenger
Loading. One passenger loading space is required, either curbside
or on-site.
E.
Deliveries.
If located in a residential district, delivery of goods shall occur
between the hours of 8:00 a.m. and 8:00 p.m., 7 days a week. Additional
hours may be allowed with approval of a conditional use permit.
(Ord. 1598)
A.
Applicability.
These provisions apply to new or remodeled multi-unit projects (50%
or more of building area remodeled).
B.
Open
Space Requirements. All multi-unit residential projects except duplexes
shall provide permanently maintained outdoor open space for each dwelling
unit (private space), and for all residents (common space).
1.
Area Required. Private open space shall be provided at a ratio of
200 square feet per dwelling unit. Common open space shall be provided
based on the size of the project, as indicated in Table 11.4.05.110.B.1:
Multi-Unit Open Space Requirements.
|
Table 11.4.05.110.B.1
MULTI-UNIT OPEN SPACE REQUIREMENTS
| ||
|---|---|---|
|
Project Size
|
Common Open Space Required
|
Private Open Space Required
|
|
3 to 4 units
|
200 sq. ft.
|
200 sq. ft. per unit
|
|
5 to 10 units
|
500 sq. ft.
| |
|
11 to 30 units
|
1,000 sq. ft.
| |
|
31 and more units
|
2,000 sq. ft. plus 500 sq. ft. for every 10 units above 40 units
| |
2.
Configuration of Open Space.
a.
Location on Site. Required open space areas:
i.
Shall be located adjacent to the primary entrance;
ii.
Shall be designed to be easily accessible;
iii.
Shall be provided as continuous, usable site elements, which
shall not include setback areas but may be contiguous to required
setbacks; and
iv.
Private open space shall be at the same level as, and immediately
accessible from, a kitchen, dining room, family room, master bedroom,
or living room within the unit. Variations from these dimensional
and locational standards may be allowed where it can be shown that
the required private open space meets the intent and purpose of this
section.
b.
Dimensions. All open space areas shall be of sufficient size to be
usable by residents.
c.
Elevation. A minimum of 60% of the required common open space shall
be located at grade or the level of the first habitable floor.
d.
Uncovered Areas Required. At least 33% of the perimeter of the private
open space of each unit, or 100% of the roof of the open space of
each unit, shall be open to the outdoors. Reference to this requirement
shall be included in the covenants, conditions, and restrictions of
any common interest development.
e.
Substitution of Private Open Space for Common Open Space. For every
square foot of private open space provided over and above that required,
the amount of common open space required may be reduced by one square
foot.
3.
Allowed Uses. Required common open space:
a.
Shall be available for passive and active outdoor recreational purposes
for the enjoyment of all residents of each multi-unit project; and
b.
Shall not include driveways, setbacks, public or private streets,
or utility easements where the ground surface cannot be used appropriately
for open space, parking spaces, or other areas primarily designed
for other operational functions.
4.
Maintenance and Control of Common Open Space. Required common open
space shall be controlled and permanently maintained by the owner
of the property or by a homeowners' association. Provisions for control
and maintenance shall be included in the covenants, conditions, and
restrictions of any common interest development.
5.
Surfacing. Open space areas shall be surfaced with any practical
combination of lawn, landscaping, paving, decking, concrete, or other
serviceable material.
6.
Landscaping. The applicant shall submit a landscape plan for approval. Landscape design, installation, and maintenance shall comply with Chapter 11.4.30: Landscaping and Buffer Yards.
7.
Slope. Required open space areas shall not exceed a slope of 5%.
C.
Facility
and Design Requirements.
1.
Accessory Structures. Accessory structures and uses (e.g., car washing
areas, bicycle storage, garages, laundry rooms, recreation facilities,
etc.) shall incorporate a design, including materials and colors,
similar to the dwelling units, and shall be located in an efficient
manner in compliance with this subsection.
2.
Front Façade. At least 50% of the front façade of all
buildings fronting public streets shall be habitable space. A project
shall have at least 1 private entry into the façade adjacent
to the right-of-way, with the entry at or within 5 feet of the finished
grade.
3.
Front Yard Paving. No more than 40% of the total area of the front
yard setback shall be paved for walkways, driveways, and other hardcover
pavement.
4.
Driveway Width. Driveway pavement shall be limited to a maximum width
of 20 feet, or 40% of the parcel width, whichever is less. Minimum
driveway width shall be 10 feet.
5.
Laundry Facilities. All residential developments with 5 or more dwelling
units shall provide common laundry facilities, except developments
with facilities provided within each unit.
6.
Outdoor Lighting. Outdoor lighting shall be installed and maintained
along all vehicular access ways and major walkways, in compliance
with subsection 11.4.10.020.A: Lighting. The lighting shall be directed
onto the driveways and walkways within the development and away from
adjacent properties. Lighting of at least 1 foot candle shall also
be installed and maintained within all covered and enclosed parking
areas and shall be screened to minimize glare onto public sidewalks.
All proposed lighting shall be shown on the required landscape plan.
7.
Storage Area. Each dwelling unit shall be provided a minimum of 100
cubic feet of lockable storage area with a minimum dimension of 30
inches, outside of the dwelling unit; provided that these storage
areas shall not be visible from a public street.
8.
Television Antennas. Dwelling units shall not have exterior television
antennas other than satellite dishes less than 39 inches in diameter.
A single common, central antenna may be allowed, with underground
cable service to all dwelling units. This restriction shall be included
in the covenants, conditions, and restrictions of any common interest
development.
9.
Solid Waste Recycling. Each project shall incorporate innovative designs, both interior and exterior, to make solid waste recycling more convenient and accessible to the occupants. See also Section 11.4.10.025: Recycling and Solid Waste Facilities.
(Ord. 1598)
A.
Purpose
and Applicability. The purpose of this section is to implement the
requirements of Government Code Sections 65852.2 and 65852.22 to allow
accessory dwelling units and junior accessory dwelling units in a
manner that encourages their development but simultaneously minimizes
impacts on traffic, parking, density, and other areas where the city
is still permitted to exercise local control.
B.
"Accessory dwelling unit" or "ADU"
"Attached accessory dwelling unit" or "attached ADU"
"Detached accessory dwelling unit" or "detached ADU"
"Existing structure"
"High quality transit corridor"
"Junior accessory dwelling unit" or "JADU"
"Major transit stop"
"Mixed use,"
"Multifamily dwelling," for purposes of this section only,
"Nonconforming zoning condition,"
"Primary dwelling,"
"Public transit"
"SB 9" or "Senate Bill 9"
Statewide exemption ADU"
Definitions. For the purposes of this section, the following definitions apply. Terms and phrases not defined in this section shall have the meaning ascribed to them in Section 11.6.05.010. In the event of any conflict or inconsistency between these definitions and the definitions contained in Section 11.6.05.010 or any other provisions of this code, the following definitions shall take precedence.
means an attached or a detached residential dwelling unit
which provides complete independent living facilities for 1 or more
persons. It shall include permanent provisions for living, sleeping,
eating, cooking (including a kitchen as defined herein), and sanitation
on the same parcel as the primary dwelling is situated. An accessory
dwelling unit also includes efficiency units, as defined in Section
17958.1 of Health and Safety Code, and manufactured homes, as defined
in Section 18007 of the Health and Safety Code.
means an ADU that is constructed within or attached to an
existing or proposed primary dwelling and shares a common wall with
the primary dwelling.
means an ADU that is constructed as a separate structure
from an existing or proposed primary dwelling, which does not share
any walls with the primary dwelling.
means an existing single-family dwelling, multifamily dwelling,
or accessory structure that can be safely converted into habitable
space under the California Building Standards Code, as amended by
the City, and other applicable law.
means a "high-quality transit corridor" as defined in Section
21155 of the Public Resources Code as the same may be amended from
time to time.
has the same meaning ascribed in Government Code Section
65852.22, as the same may be amended from time to time.
means a "major transit stop" as defined in Section 21155
of the Public Resources Code as the same may be amended from time
to time.
for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the this code where residential uses are permitted by-right or by conditional use.
means a property containing 2 or more attached dwelling units.
Multiple separate single-family residential structures on the same
lot do not qualify as a multifamily dwelling. Single-family dwellings
with an ADU, JADU, or both do not qualify as a multifamily dwelling.
for purposes of this section only, means a physical improvement
on a property that does not conform with current zoning standards.
for purposes of this section only, means the existing or
proposed single-family dwelling or multifamily dwelling on the lot
where an ADU would be located.
has the meaning ascribed in Government Code Section 65852.2(j),
as the same may be amended from time to time.
means Government Code Section 65852.21(b) and 66411.7(c),
as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same
may be amended from time to time.
means an ADU allowed by right pursuant to Government Code
Section 65852.2(e).
C.
Permits
Required. In addition to other requirements of this section, all accessory
dwelling units and junior accessory dwelling units shall be subject
to the following ministerial requirements.
1.
Zoning Conformance Review. Accessory dwelling units and junior accessory
dwelling units consistent with the requirements of this section are
allowed by right on a lot that is zoned to allow single-family use
or multifamily residential use. A JADU shall only be allowed within
an existing or proposed single-family dwelling. An application for
zoning conformance review shall be submitted to the community development
department on the city-approved form concurrently with the building
permit application, for confirmation of single-family or multifamily
zoning by the director or designee.
2.
Building Permit. A building permit application is required to be
filed with the Building and Safety Division. Approval of a building
permit is required for construction of an ADU, and all accessory dwelling
units and junior accessory dwelling units shall comply with all applicable
Building Code requirements.
3.
Nonconforming Zoning Code Conditions, Building Code Violations and
Unpermitted Structures.
a.
Except as otherwise required by this section, all construction, structural
alterations or additions made to create an ADU or JADU shall comply
with current development standards and building, electrical, fire,
plumbing and mechanical codes.
b.
An ADU or JADU application shall not be denied due to the correction
of nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety
and are not affected by the construction of the accessory dwelling
unit.
c.
Unpermitted ADUs Constructed Before 2018.
i.
As required by state law, the city may not deny a permit to legalize
an existing but unpermitted ADU that was constructed before January
1, 2018, if denial is based on either of the following grounds:
(A)
The ADU violates applicable building standards, or
(B)
The ADU does not comply with the state ADU law (Government Code
Section 65852.2) or this section.
ii.
Exceptions:
(A)
Notwithstanding subsection (c)(i) above, the city may deny a
permit to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if the city makes a finding that correcting
a violation is necessary to protect the health and safety of the public
or of occupants of the structure.
(B)
Subsection (c)(i) above does not apply to a building that is
deemed to be substandard in accordance with California Health and
Safety Code Section 17920.
d.
Notwithstanding any other provision of this section, subsections a through c shall not operate to legalize any nonconforming conditions, Building Code violations or unpermitted structures, and shall not prevent the city from requiring compliance with all applicable code provisions when reviewing an application related to a primary dwelling unit or other accessory structure that does not include an ADU or JADU.
D.
Statewide
Exemption ADUs.
1.
Pursuant to Government Code Section 65852.2(e), upon zoning conformance
review, the city shall ministerially approve an application for a
building permit within a residential or mixed use zone, to create
any of the following:
a.
ADU and JADU Within Single-Family Dwelling and ADUs Within Existing
Accessory Structures. One ADU and one JADU per lot with a proposed
or existing single-family dwelling if all of the following apply:
i.
The JADU is within the proposed space of a single-family dwelling
or existing space of a single-family dwelling (including any attached
garage).
ii.
The ADU is within the proposed space of a single-family dwelling
or existing space of a single-family dwelling (including any attached
garage) or accessory structure, and may include an expansion of not
more than 150 square feet beyond the same physical dimensions of the
existing accessory structure. An expansion beyond the physical dimensions
of the existing accessory structure shall be limited to accommodating
ingress and egress. ADUs constructed within the footprint of a proposed
space of a single-family dwelling, existing space of a single-family
dwelling (including any attached garage) or existing space of an accessory
structure shall not be subject to a maximum square-footage of living
area.
iii.
The ADU has an exterior access from the proposed or existing
single-family dwelling. Interior access between the primary unit and
the ADU shall be prohibited.
iv.
The side and rear setbacks are sufficient for fire and safety.
v.
The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection F of this section.
b.
Detached New Construction ADU for Single-Family Dwelling. One detached, new construction ADU for a lot with a proposed or existing single-family dwelling if all of the following apply. The ADU may be combined with a JADU described in subsection (D)(1)(a) of this section.
i.
The ADU shall be no more than 800 square feet in size.
ii.
The ADU shall not exceed a height limit of 16 feet, or a height
of 18 feet for an ADU within one-half mile walking distance of a "major
transit stop" or "high-quality transit corridor."
iii.
The ADU shall be set back a minimum of 4 feet from side and
rear lot lines. However, in districts which allow lesser side setbacks,
the lesser shall apply.
c.
ADUs on Parcel with Existing Multifamily Dwelling. A property owner
may be allowed to develop ADUs on a lot in accordance with only 1
of the following 2 categories (i or ii):
i.
ADU Within Non-Livable Space in Existing Multifamily Dwelling. One
ADU within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to:
storage rooms, boiler rooms, passageways, attics, basements, or garages,
if each unit complies with state building standards for dwellings.
If requested, multiple ADUs shall be allowed, within non-livable space,
but the total number of ADUs allowed shall not exceed 25% of the existing
multifamily dwelling units in the structure; or
ii.
Detached New Construction ADUs for Existing Multifamily Dwelling.
Not more than 2 detached ADUs located on a lot that has an existing
multifamily dwelling, subject to a height limit of 16 feet and minimum
4-foot rear yard and side setbacks. However, in districts which allow
lesser side setbacks, the lesser shall apply. For lots that are within
one-half mile walking distance of a "major transit stop" or a "high-quality
transit corridor", or for lots that have a multifamily dwelling that
is also multistory, the detached ADU is subject to a height limit
of 18 feet. Multiple separate single-family structures on the same
lot do not qualify as a multifamily dwelling.
2.
Lot Split Pursuant to Senate Bill 9. In the event that a property
owner in a single-family zone obtains approval of a lot split pursuant
to Senate Bill 9, any existing or proposed ADU or JADU shall count
toward the maximum 2 units allowed on each lot resulting from the
lot split.
E.
ADUs
Not Subject to Statewide Exemption.
1.
Pursuant to Government Code Sections 65852.2(a) through (d), approval
of zoning conformance review and a building permit shall be required
in accordance with this subsection.
2.
All ADUs shall satisfy the requirements of Title 9, Public Property,
Public Works, and Building Regulations, of the Seal Beach Municipal
Code. A building permit application is required to be filed with the
building division and approved by the building official or designee.
If demolition of a detached garage is proposed as part of the construction
of an ADU, a demolition permit application shall be filed concurrently
with the building division and approved by the building official or
designee at the same time as the building permit.
3.
In accordance with state law, ADUs are an accessory use or an accessory
structure to the primary dwelling on the lot. ADUs shall not be considered
to exceed the allowable density for the lot.
4.
The community development director shall ministerially review and
approve an application for zoning conformance review of a proposed
ADU, provided that the submitted application is complete and demonstrates
that the ADU complies with the requirements contained in this section
and any other applicable law. A public hearing is not required.
5.
Accessory dwelling unit applications for zoning conformance review
and building permit review subject to ministerial approval shall be
processed within the timelines established by California Government
Code Section 65852.2. The city shall act upon the zoning conformance
review and building permit within 60 days of receiving the application,
or as the deadline required by Government Code Section 65852.2, as
the same may be amended from time to time. Any required demolition
permit shall be processed within the same 60-day period. Notice of
decision on the application shall be mailed to the applicant. The
decision of the community development director on zoning conformance
review shall be final. The building permit application and any required
demolition permit application shall be reviewed in accordance with
the Building Code.
6.
Where an accessory dwelling unit application for an ADU is submitted with an application for a primary dwelling that is subject to discretionary review under Title 9 of the Seal Beach Municipal Code, the accessory dwelling unit application shall be processed in accordance with this section, separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review.
7.
Lot Split Under SB 9. In the event that a property owner in a single-family
zone obtains approval of a lot split pursuant to Senate Bill 9, any
existing or proposed ADU or JADU shall count toward the maximum 2
units allowed on each lot resulting from the lot split.
F.
Standards for ADUs. Except those ADUs approved pursuant to subsection (D)(1) of this section (statewide exemption ADUs), ADUs shall comply with the following development standards:
1.
Location Restrictions. One ADU shall be allowed on a lot with a proposed
or existing primary dwelling that is zoned to allow single-family
or multifamily residential use.
2.
Development Standards.
a.
Size Restrictions.
i.
Attached ADU (Existing Primary Dwelling). ADU shall not exceed the
lesser of: (1) 50% of the gross floor area for the primary dwelling;
or (2) 850 square feet in gross floor area if it contains 1 or fewer
bedrooms or 1,000 square feet in gross floor area if it contains more
than 1 bedroom. Notwithstanding the above, an ADU with a gross floor
area between 1,001 and 1,200 square feet is allowed provided a minimum
of 1 parking space is provided for the ADU.
ii.
Attached ADU (New Primary Dwelling). ADU shall not exceed 850
square feet in gross floor area if it contains 1 or fewer bedrooms
or 1,000 square feet in gross floor area if more than 1 bedroom. Notwithstanding
the above, an ADU with a gross floor area between 1,001 and 1,200
square feet is allowed provided a minimum of 1 parking space is provided
for the ADU.
iii.
Detached ADU. ADU shall not exceed 850 square feet in gross
floor area if it contains 1 or fewer bedrooms or 1,000 square feet
in gross floor area if more than 1 bedroom, whichever is less. Notwithstanding
the above, an ADU with a gross floor area between 1,001 and 1,200
square feet is allowed provided a minimum of 1 parking space is provided
for the ADU.
iv.
In no case shall the gross floor area of an ADU be less than
that of an "efficiency unit" as defined in Health and Safety Code
Section 17958.1.
b.
Height Restrictions. A newly constructed ADU shall not exceed 16
feet in height, except as provided in subparagraphs (i) through (iv).
i.
A newly constructed detached ADU shall not exceed 18 feet in height
when the lot is located within one-half mile walking distance of a
"major transit stop" or "high-quality transit corridor," as those
terms are defined by state law; and 2 additional feet shall be allowed
if necessary to accommodate a roof pitch in the ADU that is aligned
with the roof pitch of the primary dwelling unit.
ii.
A newly constructed detached ADU shall not exceed 18 feet in
height on a lot with an existing or proposed multistory multifamily
dwelling.
iii.
A newly constructed attached ADU shall not exceed 25 feet or
the height limit applicable to the primary dwelling, whichever is
lower. This clause shall not require the city to allow an accessory
dwelling unit to exceed 2 stories.
iv.
A detached ADU may be constructed above an existing detached accessory structure including a detached garage, subject to the height limits of the underlying zone and the size restrictions in subsection (F)(2)i), subject to recordation of a declaration of restrictions, in a form approved by the city attorney, agreeing to maintain the existing garage as functionally available for parking.
c.
Setbacks.
i.
No setback shall be required for an ADU that is within a legally
existing structure or new ADU that is constructed in the same location
and with the same dimensions as a legally existing structure. For
all other ADUs, the required minimum setback from side and rear lot
lines shall be 4 feet, except in districts which allow lesser side
setbacks, in which case the lesser shall apply.
ii.
An ADU shall comply with all required front yard setbacks otherwise
required by the Seal Beach Municipal Code, except where the application
of the front setback regulations would not permit construction of
an 800 square foot ADU with 4-foot side and rear yard setbacks, except
in districts that allow lesser side setbacks, in which case the lesser
shall apply. In this exception, the ADU may encroach into the front
setback only to the extent needed to construct a maximum sized unit
of 800 square feet. In the RLD-15 zone, where a second-floor step-back
in the front is required given the small lots and reduced setbacks
of that zone, in order to maintain the required second-floor step-back
and a consistent development pattern in that neighborhood. when an
ADU is proposed on the second floor, in cases where a second floor
does not already exist, the ADU shall be developed above the rear
portion of the primary structure and the wall of the ADU closest to
the rear property line shall be uniform in placement to the rear wall
of the primary structure. In cases where a second floor does already
exist, the ADU shall be constructed contiguous to the second-floor
section of the primary residence.
d.
Minimum Distance—Detached ADU. In accordance with Table 11.2.05.015 of Section 11.2.05.015 of this title (Minimum Distance Between Buildings on the Same Lot), the minimum distance between a detached ADU and the primary dwelling on the same lot shall not be less than 6 feet. The 6-foot distance shall be measured from the nearest point of any portion of the ADU to the primary dwelling. Notwithstanding the foregoing, this provision shall not preclude construction of an ADU that is at least 800 square feet in size.
e.
Lot Coverage. An accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in Section 11.4.05.115 (F)(2)(b), and compliant with a minimum 4-foot side and rear setback (or such lesser side or rear setbacks required under the zoning district), shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply.
f.
Design. A newly constructed ADU shall have the same design, colors
and materials and architectural details (including windows and roof
pitch) of the primary dwelling, and shall comply with any objective
design standards adopted by the city that are applicable to the zoning
district or specific plan area where the ADU is located.
g.
Access. An ADU shall have a separate exterior access. An ADU above
a detached garage may be accessed by an exterior staircase. Interior
access between the primary unit and the ADU shall be prohibited.
h.
Fire Sprinklers. ADUs are required to provide fire sprinklers if
required for the primary dwelling.
i.
Historic Resources. An ADU that has the potential to adversely impact
any historical resource listed on the California Register of Historic
Resources, shall be designed and constructed in accordance with the
"Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring,
and Reconstructing Historic Buildings" found at 36 CFR 68.3, as the
same may be amended from time to time. An ADU shall also comply with
all local historic register requirements, as well as all objective
local requirements, ordinances, or specific plans that pertain to
historic resources.
3.
Parking Requirements.
b.
Exception. If an ADU does not exceed the lesser of either 850 square
feet in gross floor area if it contains 1 or fewer bedrooms or 1,000
square feet in gross floor area if more than 1 bedroom, an additional
off-street parking space is not required for such ADU if any of the
following provisions are met:
i.
The ADU is located within one-half mile walking distance of public
transit; or
ii.
The ADU is located within an architecturally and historically
significant historic district; or
iii.
The ADU is an attached ADU proposed with a new single-family
development, or a proposed conversion of an existing primary dwelling
or accessory structure; or
iv.
The ADU is located in an area where on-street parking permits
are required but not offered to an ADU occupant; or
v.
The ADU is located within 1 block of a city-approved and dedicated
parking space for a car share vehicle.
c.
When the ADU is created by converting or demolishing a garage, carport
or covered parking structure, replacement of parking space(s) eliminated
by the construction of the ADU shall not be required as long as the
ADU remains in use as a legal ADU.
4.
Other Provisions. Recreational trailers are not permitted to be used
as ADUs. This includes, but is not limited to, recreational vehicles,
campers, camping trailers and mobile/motor homes.
G.
Standards
for JADUs. In accordance with the standards set forth in Government
Code Section 65852.22, JADUs shall comply with the following requirements,
unless state law is amended to set forth different standards in which
case state law standards will govern:
1.
A JADU shall be a minimum of 150 square feet and a maximum of 500
square feet of gross floor area. The gross floor area of a shared
sanitation facility (bathroom) shall not be included in the maximum
gross floor area of a JADU.
2.
A JADU must be contained entirely within the walls of the existing
or proposed single-family dwelling. For purposes of this subsection,
an attached garage is considered to be within the walls of the existing
or proposed single-family dwelling.
3.
A separate exterior entry from the main entrance to the single-family
dwelling shall be provided to serve a JADU.
4.
A JADU may include a separate sanitation facility (bathroom), or
may share sanitation facilities (bathroom(s)) with the existing single-family
dwelling. If a JADU does not include a separate bathroom, the JADU
shall include a separate entrance from the main entrance to the structure,
with an interior entry to the main living area shared with the primary
unit.
5.
A JADU shall include an efficiency kitchen which shall meet the requirements
of Government Code Section 65852.22.
6.
No additional parking is required for a JADU.
H.
Covenant Required. Prior to the issuance of a certificate
of occupancy for the ADU or JADU, the property owner shall record
a declaration of restrictions, in a form approved by the city attorney,
placing the following restrictions on the property, the property owner,
and all successors in interest:
1.
Except as otherwise required by Government Code Section 65852.26,
the ADU or JADU shall not be sold, transferred, or assigned separately
from the primary dwelling, but may be rented.
2.
The ADU shall not be used for short-term rentals for less than 30
consecutive days.
3.
If there is a JADU on the property, either the JADU or primary dwelling
shall be occupied by the owner of record.
4.
For any ADU permitted on or after January 1, 2025, either the ADU
or primary dwelling shall be occupied by the owner of record.
I.
Fees
and Utility Connections.
1.
ADUs and JADUs shall have adequate water and sewer services. These
services may be provided from the water and sewer points of connection
for the primary dwelling and not be a separate set of services, unless
the local water and sewer service provider requires a new or separate
utility. For an ADU that is not a conversion of an existing space,
a separate utility connection directly between the accessory dwelling
unit and the utility may be required. Consistent with Government Code
Section 65852.2(f), the connection may be subject to a connection
fee or capacity charge that shall be proportionate to the burden of
the proposed accessory dwelling unit.
2.
The owner of an ADU or JADU shall be subject to the payment of all
sewer, water and other applicable fees, including impact fees set
forth in Government Code Section 66000 et seq., except as follows:
J.
Fire
Safety Requirements. The construction of all new accessory dwelling
units shall meet minimum standards for fire safety as defined in the
Building Code of the City of Seal Beach and the Fire Code of the City
of Seal Beach, as the same may be amended by the city from time to
time. All applications for accessory dwelling units in areas designated
as high or very high fire hazard zones shall be reviewed by the building
official and fire marshal to ensure the standards for fire safety
as defined in the Building Code of the City of Seal Beach and the
Fire Code of the City of Seal Beach will be met. Fuel modification
treatments (clearing requirements) will be greater for those properties
in high and very high fire hazard severity zones, which may be characterized
by steeper terrain, larger and denser fuels, fuels that are highly
volatile, and subject to frequent fires. Clearing requirements shall
meet the state's "General Guidelines for Creating Defensible Space."
(Ord. 1598; Ord. 1673; Ord. 1690; Ord. 1699; Ord.
1706)
A.
Permit Requirement. The establishment of a new restaurant that serves alcoholic beverages, or the reconstruction, enlargement or alteration of an established restaurant currently approved for the sale of alcoholic beverages, may be approved only through the granting of a conditional use permit. The commission shall make the following findings in addition to the findings required by Chapter 11.5.20: Development Permits:
1.
The proposed use will not result in an undue concentration of establishments
dispensing alcoholic beverages.
2.
The distance of the proposed use from the following uses is sufficient
to eliminate adverse impacts due to operational characteristics of
the restaurant:
3.
Noise levels generated by the operation of the establishment would
not exceed the level of background noise normally found in the area
or would otherwise not be intrusive.
4.
Signs and other advertising on the exterior of the premises would
be compatible with the character of the area.
B.
Compliance
with City Council Policy. The conditional use permit shall include
all appropriate conditions of City Council Policy 600-1: Standard
Conditions for Alcohol Related Land Uses.
C.
Display
of Permit Required. The conditional use permit issued for the alcoholic
beverage establishment and a copy of the conditions of approval for
the permit shall be displayed on the premises of the establishment
in a place where it may readily be viewed by any member of the general
public.
(Ord. 1598)
Where allowed by Part II: Base District Regulations, age-restricted
senior citizen apartments shall comply with the same regulations that
are applicable to other non-age-restricted residential developments
of the same type in the same zone.
(Ord. 1598; Ord. 1627)
Single room occupancy units (SROs) shall conform to the following
requirements:
C.
If
full bathrooms are not provided in each unit, shared showers shall
be provided on each floor at a ratio of 1 per 7 occupants or fraction
thereof on the same floor, with doors lockable from the inside.
D.
If
full kitchens are not provided in each unit, shared kitchen facilities
shall be provided on each floor consisting of a range, sink with garbage
disposal, and refrigerator.
E.
If
laundry facilities are not provided in each unit, common laundry facilities
shall be provided, with one washer and one dryer on the premises for
every 25 units for the first 100 units and one washer and one dryer
for every 50 units over 100.
F.
Elevators
shall be required for SROs of 2 or more stories.
(Ord. 1627)
A.
Purpose.
This section sets forth requirements for the establishment and operation
of temporary structures, trailers, and modular units.
B.
Permit
and Operational Requirements. The use of temporary structures, trailers,
and modular units shall be subject to the following requirements:
1.
Minor Use Permit Required. The establishment and operation of a temporary structure, trailer, or modular unit shall require the approval of a minor use permit in compliance with Chapter 11.5.20: Development Permits.
2.
Only When Permanent Facilities Are Being Constructed or Remodeled.
The planning commission may approve a minor use permit only when permanent
facilities are being constructed or remodeled in accordance with applicable
codes.
3.
Time Limit on Minor Use Permit. Approval shall be limited to a maximum of one year. However, upon request by the applicant, an extension may be granted by the planning commission, only if evidence is provided that extraordinary circumstances exist which prevent the completion of the permanent facilities within the original one-year time period, or if permanent facilities are near completion. A decision by the planning commission to deny a request of an extension may be appealed pursuant to Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.
4.
Statement of Surety. When required by the director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150% of the total cost of removal of such temporary structure or structures, as determined based on an actual bid of a licensed contractor, shall be posted with the city for a 2-year period. See Section 11.5.10.065: Performance Guarantees.
(Ord. 1598)
A.
Purpose.
The purpose of this section is to establish regulations, standards,
and a permitting process governing the renting or leasing of privately
owned visitor-serving residential dwelling units on a short-term basis
in order to maintain the long-term rental housing stock in the city;
comply with the Coastal Act; ensure the collection and payment of
transient occupancy taxes (TOT); safeguard the residents of the City
of Seal Beach by ensuring that short-term rental activities do not
threaten the character of residential neighborhoods; and ensure that
such short-term rental activities do not become a nuisance, or threaten
the public health, safety, or welfare of neighboring properties.
B.
"Booking transaction"
"City"
"Coastal zone"
"Director"
"Guest"
"Local contact person"
"Owner" or "STR owner"
"Platform agreement"
"Primary residence"
"Prohibited buildings list"
"Short-term rental" or "STR"
"Short-term rental advertisement"
"Short-term rental permit" or "permit"
"Short-term rental tenant" or "STR tenant"
"Transient occupancy tax" or "TOT"
Definitions.
The following definitions shall apply to this section:
means any reservation and/or payment service provided by
a person or entity who facilitates a short-term rental transaction
between a prospective guest and a short-term rental owner.
means the City of Seal Beach.
shall have the same meaning as California Public Resources
Code (PRC) Section 30103(a), as may be amended from time to time.
means the director of community development or their designee.
means any person or persons renting a short-term rental as
a transient occupant.
means the owner or person designated by the owner to respond
to and take remedial action regarding short-term rental issues or
complaints.
means a property owner who is contracting with guests for
short-term rental of any structure or portion of a structure for dwelling,
lodging or sleeping purposes, either directly or indirectly through
a hosting platform such as VRBO or AirBnB. "Owner" may be a person,
group or entity.
means a duly-executed agreement between a hosting platform
and the city, which, among other things, provides that the hosting
platform will collect from short-term rental tenants and pay the transient
occupancy tax to the city on behalf of STR owners, and will book only
those STRs that have a valid short-term rental permit.
means a person's permanent residence or usual place of return
for housing as documented by at least 2 of the following current documents:
driver's license, voter registration, tax documents showing the residential
unit as the person's residence, or a utility bill.
means a list maintained by the city identifying the address(es)
of all buildings and/or properties whose owner(s), including any applicable
homeowners' association or board of directors, have notified the city,
pursuant to city procedures, that short-term rentals are not permitted
to operate anywhere in such building or property including, without
limitation, deed restricted affordable housing units.
means a single residential dwelling unit, or portion thereof,
that is offered or provided to paying guests by an STR owner for 29
or fewer consecutive nights. The term "short-term rental" shall not
include hotels, motels, inns, or bed and breakfast inns.
means any method of soliciting guests to use a dwelling unit
for short-term rental purposes.
means a permit, with a permit number, issued by the city
to allow short-term rentals.
means a person who has entered into an agreement to compensate
an owner for the use and occupancy of a short-term rental, and who
shall be responsible for compliance with the applicable terms of this
section and the STR permit.
means local transient occupancy tax as set forth in Chapter 4.35 of the Seal Beach Municipal Code or any successor ordinance.
C.
Permit
Required.
1.
No person or entity shall advertise, rent to a guest, or otherwise
operate a short-term rental (STR) in the city unless a permit has
been issued by the city pursuant to this section. The owner of an
STR shall apply to obtain a permit from the city and must remain in
compliance with all requirements of this section. The director will
provide an application form for an STR permit which shall include
all information determined by the director to be necessary to evaluate
the eligibility of the owner and subject property, consistent with
this section.
2.
STR must be located within the coastal zone.
3.
The total number of STR permits, combined with STRs with existing
conditional use permits (CUP), shall not exceed 1% of the residential
units in the coastal zone.
4.
STR permits shall be issued on a lottery basis to eligible applicants.
5.
The STR permit required by this section shall not apply to any "vacation
rental" in operation pursuant to a valid conditional use permit issued
by the city under ordinance No. 1619-U prior to October 1, 2022, as
long as such CUP remains valid and in effect. The STR shall comply
with the conditions of its CUP and the operational requirements of
this section. If a CUP is terminated or revoked, the owner shall obtain
an STR permit prior to re-establishing an STR on the same property.
6.
The city council shall establish a fee for an STR permit by resolution
provided, however, the fee shall be no greater than necessary to defer
the cost incurred by the city in administering the provisions of this
section.
7.
An STR permit is valid for 1 year from the date of issuance. The
STR permit is personal and may not be transferred or assigned and
does not run with the land. An STR permit may be renewed annually
by the director if the STR owner: (a) pays the renewal fee; (b) provides
information concerning any changes to the previous application for,
or renewal of, the STR permit; (c) submits records to demonstrate
compliance with this section as required by the director; and (d)
the STR is otherwise in compliance with the requirements of this section.
8.
The STR owner shall identify, to the satisfaction of the city, a
local contact person, who shall be available 24 hours per day, 7 days
a week for: (a) responding within 1 hour to complaints regarding the
condition, operation, or conduct of the STR or its occupants; and
(b) taking any remedial action necessary to resolve such complaints.
9.
STR permits issued pursuant to this section are subject to the following
standard STR permit conditions, in addition to any other property-specific
condition the director deems necessary in order to maintain neighborhood
compatibility:
a.
The owner shall, by written agreement with the STR tenant, limit
overnight occupancy of the STR to a specific number of occupants.
The maximum number of guests who may occupy the STR at one time is
2 persons per bedroom, plus 2 additional guests (including children).
Lofts that meet California Building Code egress requirements are considered
a bedroom for the purposes of the occupancy calculation. In no event
may the maximum occupancy exceed 12 persons in any STR.
b.
Large-scale events (i.e., exceeding maximum allowed occupancy) such
as parties, weddings, fundraisers, and conferences, are prohibited.
c.
The owner shall ensure that the occupants and/or guests of the STR
do not create unreasonable noise or disturbances, engage in disorderly
conduct, or violate provisions any federal, state, or local law pertaining
to noise, disposal of waste, disorderly conduct, the consumption of
alcohol, or the use of illegal drugs.
d.
The owner shall, upon notification that occupants and/or guests of
his or her STR have created unreasonable noise or disturbances, engaged
in disorderly conduct or committed violations of any law, including
those pertaining to noise, disposal of waste, disorderly conduct,
the consumption of alcohol or the use of illegal drugs, promptly prevent
a recurrence of such conduct by those occupants or guests.
e.
The owner of the STR unit shall post a copy of the STR permit and
the STR permit conditions in a conspicuous place within the STR.
f.
Eligibility Requirements. The owner must satisfy the following requirements
at the time of submitting an STR permit application:
i.
The dwelling unit shall not be a deed-restricted affordable housing unit, in a group residence as defined by Section 11.6.05.010 of the Seal Beach Municipal Code, or included on the prohibited buildings list.
ii.
An owner shall not be granted a permit for more than 1 STR within
the City of Seal Beach.
iii.
No more than 1 STR permit shall be issued per property except
in multifamily single lot subdivisions (i.e., condominiums or townhomes)
the number of STR permits allowed shall be as follows:
|
Number of Units per Property
|
Number of STR Permits
|
|---|---|
|
Up to 15
|
1
|
|
16 or more
|
4
|
iv.
The dwelling unit or property used as an STR shall not be the
subject of any active or pending code enforcement actions or violations
pursuant to the Seal Beach Municipal Code. A code enforcement notice
of violation, if issued to an STR must be addressed within 15 days,
or the STR permit shall be revoked.
v.
If the dwelling unit or property used as an STR is subject to the
rules of a homeowners' or condominium association, any short-term
rental activity shall comply with those rules and this section shall
not be inferred to grant any permission that invalidates or supersedes
any applicable requirements of those homeowners' or condominium associations.
vi.
The owner shall provide proof that the STR is not prohibited
by a homeowners' association conditions covenants and restrictions
or any other community standards/guidelines, applicable to the proposed
STR. A letter from the homeowners' association would satisfy this
requirement.
vii.
The owner shall sign an indemnification and hold harmless agreement
in a form approved by the city attorney, agreeing to indemnify, save,
protect, hold harmless, and defend the City of Seal Beach, its officers,
employees and agents from any liability in any way arising out of
the use of the STR including, without limitation, from the STR guests.
viii.
The owner shall maintain in effect a policy or policies of liability
insurance for the property and the STR that meet or exceed the city's
standard insurance requirements for STRs, as published on the city's
website. The owner shall provide a copy of the applicable certificates
of insurance, naming the city, its officers agents and employees,
as additional named insured with the STR permit application and each
renewal application, and at other times within 3 business of days
following request by a city representative.
ix.
The STR shall be a legally permitted dwelling unit. Accessory dwelling units, as defined in Section 11.4.05.115(B) of the Seal Beach Municipal Code shall not be used as an STR unless the unit was legally established prior to January 1, 2020.
x.
A junior accessory dwelling unit as defined in Section 11.4.05.115(B) shall not be advertised or used as an STR.
D.
STR
Regulations.
1.
All marketing and advertising of an STR, including any listing on
a hosting platform, shall clearly list the city-issued STR permit
number.
2.
STRs are prohibited in any part of the property not approved, permitted,
and constructed for residential use, including, but not limited to,
vehicle(s) parked on the property, storage sheds, trailer(s), garage(s),
boat(s) or similar watercraft, tree house(s), or any temporary structure(s),
including, but not limited to, tent(s).
3.
Each STR shall have a notice posted within the unit in a location
clearly marked and accessible to the guest (e.g., posted on the refrigerator,
included within a binder with additional information on the unit,
etc.), containing the following information:
a.
The maximum number of occupants permitted in the unit;
b.
Location of parking spaces;
c.
Name and contact information for the owner and/or local contact person;
d.
Trash and recycling pickup information;
e.
Emergency contact information for police, fire, or emergency medical
services;
f.
Evacuation plan for the unit showing emergency exit routes, exits,
and fire extinguisher locations; and
g.
Tsunami evacuation routes, if the STR is located in a tsunami zone.
4.
No sign shall be posted on the exterior of the STR to advertise the
availability of the unit.
5.
It is unlawful for any STR owner, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 7.15 ("Noise") of the Seal Beach Municipal Code.
6.
The minimum age of the STR tenant shall be 25 years old.
7.
The city will post STR contact information on the city website for
the public to access.
8.
An STR may not be operated as any other commercial home-based business.
9.
The owner shall, upon reasonable request from the city, permit the
city's building official or their designee to inspect the STR for
compliance with this section and the permit.
E.
STR
Owner Requirements.
1.
The owner shall provide information on the maximum allowed number
of occupants, parking capacity and location of parking spaces, noise
regulations and quiet hours, and trash and recycling disposal requirements
in writing to prospective guests, prior to their occupancy.
2.
The owner shall provide and maintain working fire extinguishers,
smoke detectors, and carbon monoxide detectors, in compliance with
applicable health, building, fire, and safety codes; and information
related to emergency exit routes on the property, local contact, and
emergency contact information.
3.
Transient occupancy taxes shall be collected on all STRs pursuant to Seal Beach Municipal Code Chapter 4.35 and paid to the city as required by that chapter. If a hosting platform does not collect payment for the rental, hosts or operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city in accordance with Chapter 4.35 of this code (Transient Occupancy Tax).
4.
The owner and the guest shall be responsible and liable for any activity
which may create a nuisance or other tortious or criminal violations
at an STR.
5.
The owner shall authorize any hosting platform on which his or her
STR(s) is listed to provide to the city the operator listing and other
information to demonstrate compliance with all provisions of this
section.
F.
Hosting
Platform Responsibilities.
1.
Hosting platforms shall not process or complete any booking transaction
for any STR, unless the STR has a valid current STR permit issued
by the city. Hosting platforms are required to list the STR permit
number and expiration date.
2.
Within 45 days of the effective date of the ordinance codified herein,
hosting platforms with listings located in the city shall provide
to the city contact information of the hosting platform.
3.
A hosting platform with listings located in the city shall provide
to the city on a monthly basis, in a format specified by the city,
the STR permit number of each listing, the name of the person responsible
for each listing, the address of each such listing, and, for each
booking transaction that occurs within the reporting period, the number
of days booked, and the total price paid for each rental.
4.
Hosting platforms shall remove any listings for STRs, including those
on the city's prohibited buildings list, from the platform upon notification
by the city.
5.
Hosting platforms shall be responsible for collecting all applicable
TOT and remitting the same to the city. The owner shall remain responsible
for collection and remittance of the TOT in the event that a hosting
platform fails to fulfill its responsibilities under this section
to collect and/or remit to the city or the hosting platform and the
owner enter into an agreement regarding the fulfillment of this subsection.
6.
All hosting platforms operating in the city must comply with all
federal, state, or local (including the Huntington Beach Municipal
Code) laws.
G.
Enforcement.
2.
Each separate calendar day in which a violation exists may be considered
a separate violation. However, a 30-day warning period from the effective
date of the ordinance codified herein shall be provided prior to issuing
fines for advertising an STR without a valid STR permit number.
3.
If the city issues 3 citations for separate violations of this section
against an STR within any 12-month period and those violations are
confirmed or enforced in an administrative or criminal court proceeding,
the STR permit shall be revoked, or suspended, or additional conditions
may be imposed by the director by providing written notice to the
STR owner setting forth the basis of the intended action and giving
the STR owner an opportunity, within 14 calendar days, to appeal the
revocation, suspension, or amendment of the permit in writing to the
city manager or their designee. If such an appeal is timely filed,
the city manager or designee shall hold a hearing and may determine
to grant the appeal, revoke the STR permit, suspend the STR permit,
or impose additional conditions upon the STR permit and thereafter
give written notice of the decision to the STR owner. If an STR permit
is revoked, the STR may not be re-registered with the city, and the
property may not be used as an STR for a period of 12 months from
the date of revocation. The action of the city manager or designee
on such an appeal shall be final and not subject to further administrative
appeal.
4.
The city hereby finds and declares that repeated violations of this
section constitute a public nuisance which may be enjoined under all
applicable laws including Code of Civil Procedure Section 731.
5.
An STR owner convicted of violating any provision of this section
in a criminal case or found to be in violation of this section in
a civil or administrative proceeding brought by the city may be ordered
to reimburse the city its full investigative and enforcement costs
and pay all unpaid TOT, if applicable, in addition to any other remedy
at law or equity.
6.
The remedies provided in this subsection are cumulative and not exclusive,
and nothing in this subsection shall preclude the use or application
of any other remedies, penalties, or procedures established by law.
7.
The director, or their designee, shall have the authority to establish
administrative rules and regulations consistent with the provisions
of this section for interpreting, clarifying, carrying out, furthering,
and enforcing the requirements and the provisions of this section.
H.
Program
Review. The city council shall review and evaluate this section within
18 months of adoption, and annually thereafter. The review shall,
at a minimum, include an analysis of demand for STR permits based
on applications received, complaints and calls for service associated
with the operation of new STRs, and summary of new revenues associated
with STRs.
(Ord. 1598; Ord. 1624; Ord. 1701)
This section sets forth requirements for the establishment and
operation of emergency shelter facilities.
A.
Permit
and Operational Requirements. The approval and operation of an emergency
shelter shall be subject to the following requirements:
1.
Zoning Conformance Required. Emergency shelters may be established and operated in the Boeing Integrated Defense Systems (BIDS) Specific Plan District subject to non-discretionary approval of a zoning conformance in compliance with Chapter 11.5.25: Director Determinations;
2.
Management and Operations Plan. An application for a permit to establish
and operate an emergency shelter shall be accompanied by a management
plan, which shall establish hours of operation, staffing levels, maximum
length of stay, size and location of exterior and interior onsite
waiting and intake areas, and security procedures.
(Ord. 1627)
