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.
2. 
Prohibited Uses. The following entertainment activities are prohibited as incidental business activities:
a. 
Dancing;
b. 
Karaoke; and
c. 
Performances by singers, musicians, comedians, actors, magicians, or other entertainers of any kind, from a stage.
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).
2. 
Distance to Sensitive Land Uses. The distance of the proposed use from the following:
a. 
Residential uses;
b. 
Religious facilities, schools, libraries, public parks and playgrounds, and other similar uses; and
c. 
Other establishments dispensing alcoholic beverages.
3. 
Noise Levels. Whether the noise levels generated by the operation of the establishment would exceed the level of background noise normally found in the area or would otherwise be intrusive.
E. 
Nonconforming Uses and Structures. Alcoholic beverage retail establishments that were legally operating prior to the adoption of Ordinance No. 1348, January 27, 1992, may continue to operate as nonconforming uses in compliance with the provisions of Chapter 11.4.40: Nonconforming Uses, Structures, and Lots. In addition to those provisions, nonconforming establishments shall be required to apply for a conditional use permit in compliance with Chapter 11.5.20: Development 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.
1. 
Four or less weaned cats and dogs in any combination;
2. 
Six parakeets, parrots, canaries, or similar birds kept indoors; and
3. 
Six reptiles (turtles, lizards or snakes and the like).
B. 
Reptile Location Requirements. Reptiles maintained on a property out of doors shall be kept in a fully enclosed structure located a minimum distance of 10 feet from any lot line, 50 feet from any dwelling unit, and 100 feet from any school, hospital, or similar institution.
(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:
a. 
Beauty and barber shop;
b. 
Central cooking and dining rooms (may also be used by guests);
c. 
Exercise rooms; and
d. 
Small scale drug store and/or medical facility as an ancillary use only.
10. 
Transit Facilities. Transit facilities shall be provided as follows:
a. 
A bus turnout and shelter along the street frontage shall be provided if the facility is on an established bus route, and is coordinated with the transit authority.
b. 
Facilities with 50 or more dwelling units shall provide private dial-a-ride transportation shuttles, with the exact number and schedule to be determined by the review authority.
(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.
c. 
When the property line is a public right-of-way line, an area of at least 4 feet in width along the line shall be landscaped in compliance with Chapter 11.4.30: Landscaping and Buffer Yards.
14. 
Cashier Location. The cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.
15. 
Canopies. Canopy height shall be limited to a maximum of 18 feet.
16. 
Signs. All on-site signs shall be in compliance with Chapter 11.4.25: Sign Regulations.
17. 
Landscaping. Landscaping shall comprise a minimum of 15% 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.
b. 
Lighting shall not:
i. 
Be of a high intensity to cause a traffic hazard;
ii. 
Be used as an advertising element; or
iii. 
Adversely affect adjoining properties, in compliance with Section 11.4.10.020.A: Lighting.
19. 
Service Bays.
a. 
Openings of service bays shall be designed to minimize the visual intrusion onto adjoining public rights-of-way and properties.
b. 
Service bay doors shall not directly face an existing residential development or zoning district.
20. 
Peripheral Wall.
a. 
Where a service station adjoins property in a residential zoning district, a solid decorative masonry wall shall be constructed along the common property line. The height of the wall, which shall be between 8 and 10 feet in height, shall be measured from the finished grade of the residential property. Colors, design, materials, and textures of the wall shall be compatible with on-site development and adjoining properties and subject to the approval of the director.
b. 
When the wall reaches the established front or street side setback line of a residentially zoned parcel adjoining the service station, the height of the wall shall be between 36 and 42 inches, inclusive.
c. 
Where a service station adjoins property in a commercial zoning district, the provision of peripheral walls shall be determined through the conditional use permit approval.
21. 
Location of Activities. All activities and operations shall be conducted entirely within the enclosed service station structure(s), except as follows:
a. 
The dispensing of petroleum products, air, and water from pump islands;
b. 
The provision of emergency service of a minor nature;
c. 
The sale of items via vending machines which may only be placed next to the main structure in a designated area not to exceed 32 square feet and which shall be roofed and screened from public view;
d. 
The display of allowed automotive merchandise on each pump island, provided that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be located in a specially designed enclosed case; and
e. 
Motor vehicle products displayed along the front of the structure shall be within 36 inches of the structure, and limited to 5 feet in height and not more than 5 feet in length.
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:
a. 
Hours for drop-off of towed vehicles;
b. 
Location for storage of any towed vehicles; and
c. 
Allowable routes for tow service vehicle operations between 9:00 p.m. and 7:00 a.m.
24. 
Sale of Beer and Wine. No alcohol shall be sold at an automobile service station convenience market, except as follows:
a. 
The service station convenience market shall comply with all requirements for off-sale retail applications in City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses, including, but not limited to, the maximum proximity to residences, the proscription of an undue concentration of alcohol uses, and the prohibition on onsite consumption; and the conditional use permit shall contain the applicable Standard Conditions for Alcohol Related Land Uses, pursuant to City Council Policy 600-1.
b. 
The service station convenience market shall be located in a zone permitting an automobile service station use.
c. 
The business shall not be located within 1,000 feet of a park, religious institution or school, whether such use is within or outside of the city.
d. 
The distances specified in this section shall be measured in a straight line, without regard for intervening structures, from the property line of the lot containing the service station convenience market to the property line of the lot containing the residence, park, religious institution, school, or business.
e. 
The determination on whether to permit the sale of beer and wine at a service station convenience market shall be supported by written findings, based on substantial evidence in view of the whole record.
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:
a. 
Become a certified used oil collection center and accept used oil for recycling from patrons; and
b. 
Comply with all requirements for certified used oil collection centers as specified by the California Integrated Waste Management Act.
30. 
Pollution Prevention. Permit applications for new or modified 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.
2. 
Lighting shall not:
a. 
Be of a high intensity to cause a traffic hazard;
b. 
Be used as an advertising element; or
c. 
Adversely affect adjoining properties, in compliance with Section 11.4.10.020.A: Lighting.
E. 
Tow Services. Tow service operations may only be conducted upon the approval of a conditional use permit and in compliance with all appropriate conditions of the approved conditional use permit, which shall establish conditions for operations to not create a public nuisance for adjoining properties. Conditions may be imposed regarding the following operations:
1. 
Hours for drop-off of towed vehicles.
2. 
Location for storage of any towed vehicles.
3. 
Allowable routes for tow service vehicle operations between 9:00 p.m. and 7:00 a.m.
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.
6. 
Exterior Lighting.
a. 
All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights-of-way and properties.
b. 
Lighting shall not:
i. 
Be of a high intensity to cause a traffic hazard;
ii. 
Be used as an advertising element; or
iii. 
Adversely affect adjoining properties, in compliance with Section 11.4.10.020.A: Lighting.
(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:
1. 
Require review by the director to ensure high quality and consistent design, compatible with the architectural character of the project; and
2. 
Be limited in size to no more than 9 feet high (including all projections) by 4 feet wide by 7 feet long.
D. 
Parking. There shall be no off-street parking required for this use per Section 11.4.20.015.E: Uses Not Specified.
E. 
Trash Disposal. Each kiosk shall provide a receptacle sufficient in size to accommodate trash and any smoking materials (where applicable) discarded by users of the kiosk or be provided receptacles in designated areas by the management of the property where the kiosk(s) are located.
F. 
Lighting. Each kiosk shall be provided with lighting in compliance with Section 11.4.10.020.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.
1. 
Location.
a. 
Minimum distance from a residential district boundary: 500 feet.
b. 
Minimum distance from other liquor stores: 1,000 feet.
c. 
Minimum distance from educational, religious, or cultural institutions and public parks: 500 feet.
2. 
Hours of Operation. Operating hours will be determined by approval of a conditional use permit.
3. 
Litter. One permanent, non-flammable trash receptacle shall be installed in the parking area adjacent to the 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;
10. 
Signs. Regulation of signs, in compliance with Chapter 11.4.25: Sign Regulations;
11. 
Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
12. 
Waste Collection and Disposal. Provision for solid, hazardous, and toxic waste collection, recycling and/or disposal;
13. 
Zoning Code Compliance. A requirement that the approval of the requested 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.
2. 
Outdoor displays shall not be:
a. 
Placed within 100 feet of any residential dwelling, except for mixed-use projects; or
b. 
Placed so as to impede or interfere with the reasonable use of the store front windows for display purposes.
C. 
Permanent Outdoor Displays and Sales.
1. 
Permit Requirement. The permanent outdoor display/sale of merchandise may be allowed subject to the approval of a conditional use permit in compliance with Chapter 11.5.20: Development Permits, and shall comply with the following standards and guidelines:
2. 
Height of Displayed Materials. The outdoor display/sale of merchandise shall not exceed a height of 7 feet above finished grade.
3. 
Location. Outdoor display/sale area(s) shall be located entirely on private property. They shall not encroach into required setbacks. In zoning districts where no setback is required, the outdoor area(s) shall be set back a minimum of 10 feet from adjoining property line(s) unless otherwise allowed through the approval of the conditional use permit, in compliance with Chapter 11.5.20: Development Permits.
4. 
Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved, and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic.
5. 
Relationship to Main Use. The outdoor display/sales area(s) shall be directly related to a business occupying a permanent structure on the subject parcel.
6. 
Screening Required. Outdoor display/sales area(s), other than vehicle sales lots, produce stands, and nursery product sales, shall be screened from adjoining public rights-of-way by decorative walls, fences, and/or landscaping in compliance with Chapter 11.4.30: Landscaping and Buffer Yards. Screening shall be provided to a height of 1 foot above the approved height of the merchandise and materials being displayed.
7. 
Signs. Additional signs, beyond those normally allowed for the subject use pursuant to Chapter 11.4.25: Sign Regulations, shall not be provided as a result of the outdoor display/sales area(s).
D. 
Outdoor Dining and Seating Areas. Outdoor dining and seating area(s) shall be allowed in conjunction with legally established restaurants and other food service uses as an accessory and incidental use to a restaurant with indoor eating area on the same site subject to the approval of 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.
12. 
Exterior Lighting.
a. 
All exterior light sources, including canopy, flood, and perimeter shall be energy efficient, stationary, and shielded or recessed to ensure that all light is directed away from adjoining public rights-of-way and properties.
b. 
Lighting shall not:
i. 
Be of a high intensity to cause a traffic hazard;
ii. 
Be used as an advertising element; or
iii. 
Adversely affect adjoining properties, in compliance with Section 11.4.10.020.A: Lighting.
(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 50% 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:
1. 
Not closer than 3 feet to any property line;
2. 
Not closer than 10 feet to a neighboring residence, or 8 feet with a sound attenuation structure approved by the director;
3. 
Four feet or less in height; and
4. 
In compliance with the provisions of Section 7.15.035 of Chapter 7.15: Noise of Title 7: Public Peace, Morals and Welfare of the Seal Beach Municipal Code.
G. 
Antennas. Antennas are subject to the provisions of Chapter 11.4.70: Wireless Telecommunications Facilities.
H. 
Garages. A detached accessory garage shall not occupy more than 600 square feet for each dwelling unit (including any workshop or storage space within the garage) unless a larger area is authorized by a conditional use permit pursuant to Chapter 11.5.20: Development 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.
3. 
Detached guest rooms and pool houses shall be limited to ground-floor construction, unless a conditional use permit allowing a second floor is obtained pursuant to Chapter 11.5.20: Development Permits.
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:
a. 
Amusements or hobbies;
b. 
Artistic endeavors (e.g., painting, photography, or sculpture);
c. 
Maintenance of the main structure or yards;
d. 
Maintenance or mechanical work on vehicles owned or operated by the occupants; or
e. 
Other purposes deemed similar by the director.
2. 
Floor Area. A workshop shall not occupy an area larger than 15% of the floor area of the main structure, except where a workshop is combined with a garage. In this case subsection H: Garages of this section shall apply.
N. 
Tents and Portable Shelter Structures. The use of tents and other temporary and portable shelter structures shall be allowed only within a rear yard and subject to the provisions of 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; Ord. 1716, 12/9/2024)
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.
i. 
Private open space areas shall have a minimum dimension of 8 feet on any side, and a configuration that would accommodate a rectangle of at least 100 square feet.
ii. 
Common open space areas shall have a minimum dimension of 20 feet on any side for projects of 5 or more dwelling units.
c. 
Elevation. A minimum of 60% 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.
a. 
Keyed Access. Laundry facilities shall be provided with keyed access for "tenants only."
b. 
Location. The facilities shall be evenly dispersed throughout the multi-unit project and easily accessible to all tenants.
6. 
Outdoor Lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with 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 chapter is to implement the requirements of Government Code Sections 66310 through 66342 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. 
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.
"Accessory dwelling unit" or "ADU"
means an attached or a detached residential dwelling unit which provides complete independent living facilities for one 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.
"Attached accessory dwelling unit" or "attached ADU"
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.
"Detached accessory dwelling unit" or "detached ADU"
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.
"Existing structure"
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.
"High quality transit corridor"
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.
"Junior accessory dwelling unit" or "JADU"
has the same meaning ascribed in Government Code Section 66313, as the same may be amended from time to time.
"Livable space"
means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"Living area"
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
"Major transit stop"
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.
"Mixed use,"
for the purposes of this section only, means property within a mixed use zone identified within Chapter 11.2.10 of the Municipal Code where residential uses are permitted by-right or by conditional use.
"Multifamily dwelling,"
for purposes of this section only, means a property containing two 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.
"Nonconforming zoning condition,"
for purposes of this section only, means a physical improvement on a property that does not conform with current zoning standards.
"Primary dwelling,"
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.
"Public transit,"
has the meaning ascribed in Government Code Section 66313(1), as the same may be amended from time to time.
"SB 9" or "Senate Bill 9"
means Government Code Section 65852.21 and 66411.7(c), as adopted by Senate Bill 9, Chapter 162, Stat. 2021, as the same may be amended from time to time.
"Statewide exemption ADU"
means an ADU allowed by right pursuant to Government Code Section 66323.
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. 
Certificate of Occupancy. A certificate of occupancy shall not be issued for an accessory dwelling unit before the issuance of a certificate of occupancy for the primary dwelling.
4. 
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 2020.
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, 2020, 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 Sections 66310 through 66342) 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, 2020, 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 17920.3.
d. 
Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct noncompliance with health and safety standards.
e. 
Notwithstanding any other provision of this section, subsections (a) through (d) 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 66323, 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 proposed single-family dwelling or existing space of a single-family dwelling (including any attached garage).
ii. 
The ADU or JADU is within the proposed space of a proposed 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 Article 3 of Chapter 13 of Division 1 of Title 7 of the Government Code (commencing with Government Code Section 66333) 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 setback a minimum of four 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 or Proposed Multifamily Dwelling. A property owner may develop any of the following ADUs on a lot:
i. 
ADU within Non-Livable Space in Existing Multifamily Dwelling. At least 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.
ii. 
Detached New Construction ADUs for Existing or Proposed Multifamily Dwelling. Not more than eight detached ADUs located on a lot that has an existing multifamily dwelling. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot. These ADUs are subject to a height limit of 16 feet and minimum four-foot rear yard and side setbacks. However, in districts which allow lesser side setbacks, the lesser setback 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 multi-family 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 two units allowed on each lot resulting from the lot split.
E. 
ADUs Not Subject to Statewide Exemption.
1. 
Pursuant to Government Code Sections 66313 through 66322, 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 8, Building and Construction, 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 chapter 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 66317. The city shall approve or deny the zoning conformance review and building permit within 60 days of receiving the application, or as the deadline required by Government Code Section 66317, 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 two 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 multi-family residential use.
2. 
Development Standards:
a. 
Size Restrictions.
i. 
Attached ADU (Existing Primary Dwelling). ADU shall not exceed the lesser of: (1) 850 square feet in gross floor area if it contains one or fewer bedrooms; or (2) 1,000 square feet in gross floor area if it contains more than one 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 one 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 one or fewer bedrooms or 1,000 square feet in gross floor area if more than one 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 one parking space is provided for the ADU.
iii. 
Detached ADU. ADU shall not exceed 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one 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 one 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 two 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 two 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)(a)(iii), 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 four 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 four-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, 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.
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 six feet. The six-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 four-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. 
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.
g. 
Fire Sprinklers. ADUs are required to provide fire sprinklers if required for the primary dwelling.
h. 
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:
a. 
Except as otherwise provided in subparagraph (b) and (c) of this Subsection (F)(3), in addition to the off-street parking space(s) required for the Primary Dwelling, one off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway of the same lot.
b. 
Exception. An additional off-street parking space is not required if an ADU does not exceed the lesser of either 850 square feet in gross floor area if it contains one or fewer bedrooms or 1,000 square feet in gross floor area if more than one bedroom, or 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 one block of a city-approved and dedicated parking space for a car share vehicle.
vi. 
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subdivision (3)(b).
c. 
When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those off street parking spaces be replaced as long as the ADU remains in use as a legal ADU.
4. 
Other Provisions:
a. 
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 66333, 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 66333.
6. 
No additional parking is required for a JADU.
H. 
No Separate Conveyance. Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer. Rentals of less than 30 days are prohibited.
I. 
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, confirming the following restrictions applicable to the property, the property owner, and all successors in interest:
1. 
Except as otherwise required by Government Code Section 66341, the ADU or JADU shall not be sold, transferred, or assigned separately from the Primary Dwelling, but may be rented for a term of 30 days or longer.
2. 
Rentals of less than 30 days are prohibited.
3. 
If there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the owner of record.
J. 
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 66324, 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:
a. 
ADUs that are less than 750 square feet shall not be subject to impact fees.
b. 
ADUs that are 750 square feet or more shall be charged impact fees that are proportional in relation to the square footage of the Primary Dwelling unit.
K. 
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; Ord. 1715, 10/28/2024; Ord. 1716, 12/9/2024)
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:
a. 
Residential uses;
b. 
Religious facilities, schools, libraries, public parks and playgrounds, and other similar uses; and
c. 
Other establishments dispensing alcoholic beverages.
3. 
Noise levels generated by the operation of the establishment would not exceed the level of background noise normally found in the area or would otherwise not be intrusive.
4. 
Signs and other advertising on the exterior of the premises would be compatible with the character of the area.
B. 
Compliance with City Council Policy. The conditional use permit shall include all appropriate conditions of City Council Policy 600-1: Standard Conditions for Alcohol Related Land Uses.
C. 
Display of Permit Required. The conditional use permit issued for the alcoholic beverage establishment and a copy of the conditions of approval for the permit shall be displayed on the premises of the establishment in a place where it may readily be viewed by any member of the general public.
(Ord. 1598)
Single room occupancy units (SROs) shall conform to the following requirements:
A. 
Occupancy shall be limited to maximum 2 persons per unit. Minimum unit sizes (not including toilet compartment) shall be:
1. 
One person: 150 square feet.
2. 
Two persons: 175 square feet.
B. 
Each SRO unit shall be provided with the following minimum amenities:
1. 
Kitchen sinks with garbage disposal.
2. 
A toilet and sink located in a separate room within the unit that is a minimum 20 square feet.
3. 
One closet per person.
4. 
Telephone and cable TV hookups.
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. 
Definitions. The following definitions shall apply to this section:
"Booking transaction"
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.
"City"
means the City of Seal Beach.
"Coastal zone"
shall have the same meaning as California Public Resources Code (PRC) Section 30103(a), as may be amended from time to time.
"Director"
means the director of community development or their designee.
"Guest"
means any person or persons renting a short-term rental as a transient occupant.
"Local contact person"
means the owner or person designated by the owner to respond to and take remedial action regarding short-term rental issues or complaints.
"Owner" or "STR owner"
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.
"Platform agreement"
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.
"Primary residence"
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.
"Prohibited buildings list"
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.
"Short-term rental" or "STR"
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.
"Short-term rental advertisement"
means any method of soliciting guests to use a dwelling unit for short-term rental purposes.
"Short-term rental permit" or "permit"
means a permit, with a permit number, issued by the city to allow short-term rentals.
"Short-term rental tenant" or "STR tenant"
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.
"Transient occupancy tax" or "TOT"
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.
1. 
Violations of this section shall be enforced as provided in Chapter 1.15 of this code.
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.
8. 
If any provision of this section conflicts with any provision of Title 11 (Zoning) as to STRs, the terms of this section shall control.
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.
B. 
Development Standards. In addition to other standards set forth in the BIDS Specific Plan, emergency shelters shall conform to the following standards.
1. 
Maximum of 25 beds.
2. 
Minimum separation of 300 feet between emergency shelters.
(Ord. 1627)