Section 11.3.25.010 is hereby added to Title 11 to read as follows:

"11.3.25.010 General Provisions.

Section 11.5.15.040C of Title 11 is amended to read as follows:

"11.5.15.040 C. Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or an amendment to a specific plan, particular care must be exercised in the establishment of building height development standards for each specific plan under the provisions of Section 11.3.25.010A. Factors to be carefully weighed shall include, but not be limited to, the planning district in which the specific plan is to be located, the former zoning of the specific plan site, height of existing buildings immediately surrounding the specific plan site and the effect of the building height on the areas surrounding the specific plan site. No building within the SPR Zone shall exceed a height of 39 feet, except for nonhabitable architectural features of any proposed buildings, in that portion of the city known as the Coastal Zone as defined by the California Coastal Act, or north of the San Diego Freeway, except such portions thereof which are zoned LM, Light Manufacturing, on October 14, 1985. The provisions of this section shall not apply to any validly existing Specific Plan approved by the city prior to October 14, 1985."

Actions and proceedings that began before the effective date of this Ordinance.

Prosecution for ordinance violations committed before the effective date of this Ordinance.

Licenses and penalties due and unpaid at the effective date of this Ordinance.

Collection of licenses and penalties due and unpaid at the effective date of this Ordinance.

Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation.

Matters of record that refer to or are connected with an ordinance whose substance is included in Chapter 28. Such references shall be construed to apply to the corresponding provisions of Title 11.

Corporate or jurisdictional limits of the City.

Contracts to which the City is a party.

City taxes.

City franchises.

Highways, roads, streets or other public right-of-way.

Bonds or indebtedness of the City.

A district, public corporation or other entity established by the City.

Specific public improvements or assessments.

Appropriation or investment of City funds.

"And" indicates that all connected words or provisions shall apply.

"Or" indicates that the connected words or provisions may apply singly or in any combination.

"Either... or" indicates that the connected words or provisions shall apply singly but not in combination.

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the official zoning map, the boundary shall be deemed to be along the nearest street, lot line, or geographic feature, such as a creek or hilltop, as the case may be.

Public streets, utility and other rights-of-ways shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

If any uncertainty remains as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the director.

Procedure for Interpretations. Whenever the director determines, pursuant to state law, that the meaning or applicability of any of the requirements of this zoning code are subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation. The director may also forward any interpretation of the meaning or applicability of any provision of this zoning code directly to the planning commission for a determination at a public meeting.

Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with other provisions of this code.

Record of Interpretations. Official interpretations shall be:

Appeal. An interpretation of the provisions of this zoning code may be appealed in compliance with Title 1: General Provisions, Chapter 1.20: Review of Quasi-Judicial Decisions.

Exceptions for Accessory Building Features. The following listed building features may be erected to a maximum height as follows:

Exception for Surfside. Maximum building height for residential structures, including accessory dwelling units, shall be measured pursuant to Section 11.2.05.015.A.3: Building Height Limit.

Determination of Height. The height at the property line shall be measured from the owner's side of the fence or wall. A joint fence or wall on the property line may be measured from either side of the fence or wall. In the case of a joint fence or wall where there is a difference in the ground level between 2 adjoining parcels of less than 2 feet, the height of a fence or wall constructed along the property line shall be determined by using the finished grade at the base of the fence or wall on the highest parcel.

Determination—Ground Level Difference More than 2 Feet. When there is a difference in the ground level between 2 adjoining parcels of 2 feet or more, the height of a fence or wall shall be determined by the provisions of subsection D, Measuring the Height of Combined Fences and Retaining Walls.

Determine Required Setback Area. The required average front setback is determined by multiplying the required minimum setback depth, 12 feet, by the frontage of the lot, minus the width of the required minimum side yard setbacks.

Sample calculations are provided below.

Determine Ground Level Setback Area. The ground level setback area is calculated by summing the areas of each area of change of building articulation between the required side yard setback lines. Refer to Figure 11.1.15.040.A: Determination of Average Front Setback Area.

Determine Second Level Setback Area. The second level setback area is calculated by summing the areas of each area of change of building articulation between the required side yard setback lines.

Confirm Required Setback Area. The required setback area is confirmed if the sum of the ground level and second level setback areas equal or exceed the required setback area.

The floor of atrium and lobby areas;

Enclosed and roofed storage and equipment spaces;

Enclosed and roofed halls, stairways, and elevator shafts;

Enclosed and roofed porches and balconies;

Portions of basements and attics that meet California Building Code (per Title 9, Chapter 9.60: Building Code of the Seal Beach Municipal Code) height requirements for living space (any area where the wall height is 5 feet or greater is counted as floor area). See Figure 11.1.15.045.A: Floor Area Under Sloping Roof;

The actual floor space of mezzanines, interior balconies, and lofts.

Garages, carports, or other areas used for parking and loading, or vehicular access to parking and loading spaces;

Unenclosed balconies, decks, porches, and stairs;

Substandard height portions of attics and basements (per Title 9, Chapter 9.60: Building Code of the Seal Beach Municipal Code);

The area within a building adjacent to, and in an imaginary horizontal plane with, interior balconies, mezzanines, or lofts.