Division IV — NONCONFORMING BILLBOARDS

It is the intent of this Chapter to require the eventual elimination of existing billboards which do not conform to the provisions of this Chapter, as allowed by the Outdoor Advertising Act. It is also the intent of this Chapter to ensure that the elimination of nonconforming billboards occurs as expeditiously and fairly as possible and avoids any unreasonable invasion of established property rights. Therefore an amortization program is established as allowed under the Outdoor Advertising Act (Section 5412 et seq., of California Business and Professions Code).

(ORD-14-0006 § 1, 2014)

A.

A nonconforming billboard shall be removed if the billboard meets the criteria set forth in Subsection 21.54.420.B. Any billboard meeting these criteria is allowed to remain in existence seven (7) years after notice to remove nonconforming billboard has been issued, in order that the value of the billboard may be amortized. The adoption of this Section and Chapter shall not have the effect of extending the time in which a billboard shall be removed if written notice of removal was given prior to the effective date of this Section and Chapter.

B.

Criteria. A billboard shall be removed if:

The billboard is located within an area identified as residential on the general plan land use map; and

2.

The billboard is located within an area zoned for residential use.

(ORD-14-0006 § 1, 2014)

Subject to the removal requirements set forth in Section 21.54.420, a nonconforming billboard use may be continued and change of billboard copy shall not be prohibited, provided that:

A.

The billboard, including copy, is maintained in good repair; and

B.

The billboard is not enlarged, and additional faces are not erected on the billboard structure.

(ORD-14-0006 § 1, 2014)

21.54.440 - Repair.

A legal nonconforming billboard may be repaired, provided that: a building permit is obtained for the repair.

(ORD-14-0006 § 1, 2014)

21.54.450 - Nonconforming billboards—Replacement.

Catastrophic Damage. A nonconforming off-premises sign which is damaged by accident, storm, earthquake, other forces of nature, fire or act of vandalism, sabotage or warfare to an extent too great to be repaired shall not be replaced at a site where it is a nonconforming use, but may be relocated to a site where it is a conforming use, subject to the following:

A.

The billboard shall be of the same size or smaller, with the same number of faces or fewer, and the billboard shall not be an electronic billboard if the destroyed billboard was not an electronic billboard. A conditional use permit shall be required in accordance with Section 21.54.111, and the removal requirements of Section 21.54.160 shall apply, if the replacement does not comply with this Subsection;

B.

All development standards of this Chapter and Title shall be met, excepting the conditional use permit requirements of Section 21.54.111, and the removal requirements of Section 21.54.160;

C.

A building permit shall be obtained;

D.

In cases of uncertainty as to the extent of damage to the billboard, the Long Beach Building Official shall be authorized to determine if the billboard is catastrophically damaged; and

E.

It shall be the responsibility of the billboard owner or the property owner to remove the catastrophically damaged billboard within ten (10) days of the date of catastrophic damage.

(ORD-14-0006 § 1, 2014)

CHAPTER 21.56 - WIRELESS TELECOMMUNICATIONS FACILITIES[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— ORD-18-0012 § 1, adopted May 1, 2018, amended Ch. 21.56 in its entirety to read as herein set out. Former Ch. 21.56, §§ 21.56.010—21.56.160, pertained to similar subject matter, and derived from: ORD-11-0011 § 8, 2011; and ORD-17-0008, § 1, adopted May 2, 2017.

The purpose of this Chapter is to regulate the establishment and operation of Wireless Telecommunications Facilities within the City of Long Beach, consistent with the General Plan, and with the intent to:

A.

Allow for the provision of wireless communications services adequate to serve the public's interest within the City;

B.

Require, where feasible and consistent with the City's aesthetic and planning objectives, the co-location of Wireless Telecommunications Facilities;

C.

Minimize the negative aesthetic impact of Wireless Telecommunications Facilities, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of environmental impacts of such facilities, and protect the health, safety and welfare of the City of Long Beach;

D.

Strongly encourage the location of Wireless Telecommunications Facilities in those areas of the City where the adverse aesthetic impact on the community is minimal;

E.

Strongly encourage wireless telecommunications providers to configure all facilities in such a way that minimizes displeasing aesthetics through careful design, siting, landscaping, screening, and innovative camouflaging techniques;

F.

Enhance the ability of the providers of telecommunications services to provide such services to the City quickly, effectively, and efficiently; and

G.

Conform to all applicable federal and State laws.

(ORD-18-0012 § 1, 2018)

21.56.020 - Definitions.

In addition to all those terms defined in Chapter 21.15 of the Zoning Regulations, the following terms shall have the meanings set forth below, for the purposes of this Chapter:

A.

"Abandoned." Notwithstanding the definition of "abandoned" in Section 21.15.030, a Wireless

Telecommunications Facility use shall be considered abandoned if it is not in use for six (6) consecutive months.

B.

"Applicable Law" means all applicable federal, state, and City laws, ordinances, codes, rules, regulations and orders, as the same may be amended or adopted from time to time.

C.

"Co-location" means the placement or installation of Wireless Telecommunications Facilities, including antennas and related equipment onto an existing Wireless Telecommunications Facility in the case of monopoles, or onto the same building in the case of roof/building-mounted sites.

D.

"Co-location facility" means a Wireless Telecommunications Facility that has been co-located consistent with the meaning of "co-location" as defined above. It does not include the initial installation of a new Wireless Telecommunications Facility where previously there was none, nor the construction of an additional monopole on a site with an existing monopole.

E.

"Monopole" means any single freestanding pole structure used to support wireless telecommunications antennas or equipment at a height above the ground. This includes those poles camouflaged to resemble

natural objects.

F.

"Public right-of-way" means any public highway, street, alley, sidewalk, parkway, and all extensions or additions thereto which is either owned, operated, or controlled by the City, or is subject to an easement or dedication to the City, or is a privately owned area within City's jurisdiction which is not yet dedicated, but is designated as a proposed public right-of-way on a tentative subdivision map approved by the City.

G.

"Residential/Institutional Planned Development (PD) District" means the following Planned Development Districts within the City of Long Beach: PD-5 (Ocean Boulevard), PD-10 (Willmore City), PD-11 (Rancho Estates), PD-17 (Alamitos Land), PD-20 (All Souls), and PD-25 (Atlantic Avenue), as well as any future PDs designated as such in the PD Ordinance.

H.

"Roof/building-mounted site" means any Wireless Telecommunications Facility, and any appurtenant equipment, located on a rooftop or building, having no support structure such as a monopole or other type of tower.

I.

"Wireless Telecommunications Facility" means equipment installed for the purpose of providing wireless transmission of voice, data, images, or other information including but not limited to, cellular telephone service, personal communications services, and paging services, consisting of equipment, antennas, and network components such as towers, utility poles, transmitters, base stations, conduits, pull boxes, electrical meters, and emergency power systems. "Wireless Telecommunications Facility" does not include radio or television broadcast facilities, nor radio communications systems for government or emergency services agencies.

(ORD-18-0012 § 1, 2018)

21.56.030 - Permit requirements for new Wireless Telecommunications Facilities.

All new Wireless Telecommunications Facilities shall meet the following standards and requirements:

A.

Locations outside the public right-of-way. A Conditional Use Permit shall be required for the initial construction and installation of all new Wireless Telecommunications Facilities that are not co-location facilities and are outside the public right-of-way, in accordance with all Specific Procedures set forth in Chapter 21.21 and Chapter 21.25, Division II, of the Zoning Regulations, except as modified by this Chapter.

B.

Roof/building-mounted facilities. All new Wireless Telecommunications Facilities that are not co-location facilities that are roof/building-mounted facilities shall also be subject to Site Plan Review in addition to the Conditional Use Permit requirement in Subsection 21.56.030.A.

C.

Locations in the public right-of-way. A Wireless Right-of-Way Facility Permit shall be required for the initial construction and installation of all new Wireless Telecommunications Facilities in accordance with all procedures set forth in Chapter 15.34. In the coastal zone, a Coastal Development Permit may be required for new Wireless Telecommunications Facilities development in accordance with all procedures set forth in Division IX of Chapter 21.25.

(ORD-20-0025 § 12, 2020; ORD-18-0012 § 1, 2018)

21.56.040 - Development and design standards for new Wireless Telecommunications Facilities that are not co-location facilities.

All new Wireless Telecommunications Facilities shall meet the following minimum standards:

A.

Location. New Wireless Telecommunications Facilities shall not be located in Residential (R) or Institutional (I) zoning districts, or Residential/Institutional Planned Development (PD) Districts, unless the applicant demonstrates, by a preponderance of evidence, that a review has been conducted of other options with less environmental impact, and no other sites or combination of sites allows feasible service or adequate capacity and coverage. This review shall include, but is not limited to, identification of alternative site(s) within a one (1) mile radius of the proposed facility. See Section 21.56.050 for additional application requirements;

B.

Co-location required where possible. New Wireless Telecommunications Facilities shall not be located in areas where co-location on existing facilities would provide equivalent coverage, network capacity, and service quality with less environmental or aesthetic impact;

C.

Accommodation of co-location. Except where aesthetically inappropriate in the determination of the Staff Site Plan Review Committee, new Wireless Telecommunications Facilities shall be constructed so as to accommodate co-location, and must be made available for co-location unless technologically infeasible. In cases where technological infeasibility is claimed, it shall be the responsibility of the party making such claim to demonstrate, by a preponderance of evidence, that such co-location is, in fact, infeasible;

D.

Additional development and design standards. Wireless Telecommunications Facilities also shall be subject to the additional design standards specified in Section 21.56.100.

(ORD-18-0012 § 1, 2018)

21.56.050 - Application requirements for new Wireless Telecommunications Facilities that are not colocation facilities.

In addition to the requirements set forth in Section 21.21.201 of the Zoning Regulations and Chapter 21.25 (Specific Procedures) of the Zoning Regulations, applicants for new Wireless Telecommunications Facilities shall submit the following materials regarding the proposed Wireless Telecommunications Facility:

A.

Photo simulations. Photo simulations of the facility from reasonable line-of-sight locations from public roads or viewpoints;

B.

Maintenance plan. A maintenance plan detailing the type and frequency of required maintenance activities, including maintenance of landscaping and camouflaging, if applicable;

C.

Five year build-out plan. A description of the planned maximum five (5) year build-out of the site for the applicant's Wireless Telecommunications Facilities, including, to the extent possible, the full extent of Wireless Telecommunications Facility expansion associated with future co-location facilities by other wireless service providers. The applicant shall use best efforts to contact all other wireless service providers known to be operating in the City upon the date of application, to determine the demand for future co-locations at the proposed site, and, to the extent feasible, shall provide written evidence that these consultations have taken place, and a summary of the results, at the time of application. The City shall, within thirty (30) days of its receipt of an application, identify any known wireless service providers that the applicant has failed to contact and with whom the applicant must undertake their best efforts to fulfill the above consultation and documentation requirements. The location, footprint, maximum tower height, and general arrangement of future co-locations shall be identified by the five (5) year build-out plan. If future co-locations are not technically feasible, a written explanation shall be provided;

D.

Nearby facilities. Identification of existing Wireless Telecommunications Facilities within a one (1) mile radius of the proposed location of the new Wireless Telecommunications Facility, and an explanation of why co-location on these existing facilities, if any, is not feasible. This explanation shall include such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option. The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall also provide a written explanation for why the alternatives considered were either unacceptable or infeasible. If an existing Wireless Telecommunications Facility was listed among the alternatives, the applicant must specifically address why the modification of such Wireless Telecommunications Facility is not a viable option. The written explanation shall also state the radio frequency coverage and capacity needs and objectives of the applicant, and shall include maps of existing coverage and predicted new coverage with the proposed facility;

E.

Availability for co-location. A statement that the proposed Wireless Telecommunications Facility is available for co-location, or an explanation of why future co-location is not technically feasible;

F.

RF report. A radio frequency (RF) report describing the emissions of the proposed Wireless Telecommunications Facility. The report shall demonstrate that the emissions from the proposed equipment as well as the cumulative emissions from the facility will not exceed the limits established by the Federal Communications Commission (FCC);

G.

Alternative analysis. Applications for the establishment of new Wireless Telecommunications Facilities inside Residential (R) or Institutional (I) zoning districts, Residential/Institutional Planned Development (PD) Districts, and residential or institutional General Plan Land Use Districts (LUDs) shall be accompanied by a detailed alternatives analysis that demonstrates that there are no feasible alternative nonresidential, noninstitutional sites or combination of nonresidential, non-institutional sites available to eliminate or substantially reduce significant gaps in the applicant service provider's coverage or network capacity;

H.

Height justification. An engineering certification providing technical data sufficient to justify the proposed height of any new monopole or roof/building-mounted site;

I.

Deposit. A cash or other sufficient deposit for a third party peer review as required by this Chapter.

(ORD-18-0012 § 1, 2018)

A.

Conditional Use Permits and other entitlements for Wireless Telecommunications Facilities, including approval of the five (5) year build-out plan as specified in Subsection 21.56.050.C, shall be valid for ten (10) years following the date of final action. A ten (10)-year term is prescribed for Conditional Use Permits for this class of land uses due to the unique nature of development, exceptional potential for visual and aesthetic impacts, and the rapidly changing technologic aspects that differentiate wireless telecommunications from other Conditional land uses allowed by the City. The applicant or operator shall file for a renewal for the entitlement and pay the applicable renewal application fees six (6) months prior to expiration of the permit with the Department of Development Services, if continuation of the use is desired. In addition to providing the standard information and application fees required for renewal, Wireless Telecommunications Facility renewal applications shall provide an updated build-out description prepared in accordance with the procedures established by Subsection 21.56.050.C.

B.

Where required, renewals for entitlements for existing Wireless Telecommunications Facilities and colocation facilities constructed prior to the effective date of this Chapter are subject to the provisions of Sections 21.56.030 through 21.56.050. Renewals of entitlements approved after the effective date of this Chapter shall only be approved if all conditions of the original entitlement have been satisfied, and the five (5) year build-out plan has been provided.

C.

If the entitlement for an existing Wireless Telecommunications Facility has expired, applications for modification, expansion, or co-location at that site, as well as after-the-fact renewals of entitlements for the existing Wireless Telecommunications Facilities, shall be subject to the standards and procedures for new Wireless Telecommunications Facilities set forth in Sections 21.56.030 through 21.56.050.

(ORD-18-0012 § 1, 2018)

21.56.070 - Permit requirements for co-location facilities.

A.

Co-location facilities requiring a Conditional Use Permit. Applications for co-location will be subject to the standards and procedures set forth for new Wireless Telecommunications Facilities, above (Sections 21.56.030 through 21.56.060), if any of the following apply:

1.

No Conditional Use Permit was issued for the original Wireless Telecommunications Facility;

2.

The Conditional Use Permit for the original Wireless Telecommunications Facility did not allow for future colocation facilities or the extent of site improvements involved with the co-location project (in this case, an application for a modification to the approved Conditional Use Permit, subject to Planning Commission review, may be substituted for a new Conditional Use Permit); or

3.

No environmental review was completed for the location of the original Wireless Telecommunications Facility that addressed the environmental impacts of future co-location facilities (in this case, an application for a modification to the approved Conditional Use Permit, subject to Planning Commission review, may be substituted for a new Conditional Use Permit).

B.

Permit requirements for other co-location facilities.

1.

Roof/building-mounted facilities with visible exterior changes. Roof/building-mounted co-location facilities proposing visible exterior changes to the site shall be subject to Site Plan Review.

2.

All others. Applications for all other co-location facilities shall be subject to a building permit approval. Prior to filing an application for a building permit for co-location, the applicant shall demonstrate compliance with the conditions of approval, if any, of the original Conditional Use Permit, and with all applicable provisions of this Chapter, by submitting an application to the Department of Development Services for an administrative review as set forth in Section 21.56.090. The applicant shall not file an application for a building permit until the applicant receives written notification that this administrative review is complete and approved. The applicant shall pay a fee for this administrative review in the amount adopted by the City Council in a resolution.

(ORD-18-0012 § 1, 2018)

21.56.080 - Development and design standards for co-location facilities.

A.

Compliance with discretionary approvals. The co-location facility shall comply with all approvals and conditions of the underlying (existing) discretionary permit for the Wireless Telecommunications Facility.

B.

Harmonious design. To the extent feasible, the design of co-location facilities shall also be in visual harmony with the other Wireless Telecommunications Facility(ies) on the site.

C.

Additional design standards. Co-location facilities also shall be subject to the additional design standards specified in Section 21.56.100.

(ORD-18-0012 § 1, 2018)

21.56.090 - Application requirements for co-location facilities.

Applications that qualify for administrative review of co-location facilities in accordance with Section 21.56.070 shall be required to submit the following:

A.

Photo simulations of the facility from reasonable line-of-sight locations from public roads or viewpoints;

B.

A maintenance and access plan that identifies any changes to the original maintenance and access plan associated with the existing Wireless Telecommunications Facility and Conditional Use Permit;

C.

A Radio Frequency (RF) report demonstrating that the emissions from the co-location equipment as well as the cumulative emissions from the co-location equipment and the existing facility will not exceed the limits

established by the Federal Communications Commission (FCC);

D.

Prior to the issuance of a building permit, the applicant shall submit color samples, and materials samples if requested, for the co-location equipment and any screening devices. Paint colors and materials shall be subject to the review and approval of the Department of Development Services. Color verification shall occur in the field after the applicant has painted the equipment the approved color, but before the applicant schedules a final inspection.

(ORD-18-0012 § 1, 2018)

21.56.100 - Development and design standards for all Wireless Telecommunications Facilities and colocation facilities.

The following standards shall apply to all Wireless Telecommunications Facilities and co-location facilities:

A.

The adverse visual impact of Wireless Telecommunications Facilities shall be avoided, minimized, and mitigated by:

1.

Siting new Wireless Telecommunications Facilities outside of public viewshed whenever feasible;

2.

Maximizing the use of existing vegetation and natural features to cloak Wireless Telecommunications Facilities;

3.

Constructing towers or monopoles no taller than necessary to provide adequate coverage, network capacity, and service quality;

4.

Grouping buildings, shelters, cabinets, ground lease areas, and other equipment together, to avoid spread of these structures across a parcel or lot;

5.

Screening Wireless Telecommunications Facilities and co-location facilities with landscaping consisting of drought-tolerant plant material. All ground lease areas shall be landscaped with climbing vines on the exterior of the enclosure wall, planted not more than four feet (4') on center. Adequate irrigation systems shall be provided for landscaping. The landscape screening requirement may be modified or waived by the Director of Development Services in instances where landscaping would not be appropriate; and

Painting all equipment to blend with the surrounding environment as specified in Subsection 21.56.100.C (Paint Colors).

B.

Pole design. Use of monopoles that attempt to replicate trees or other natural objects are strongly discouraged and shall be used only as a last resort when all other options have been exhausted, since:

1.

Artificial trees cannot presently be made to resemble natural trees in a sufficiently believable and realistic fashion; and

2.

Such attempts to replicate nature are disingenuous by their obvious falsity and therefore increase, rather than reduce, visual blight.

C.

Paint colors. Paint colors for a Wireless Telecommunications Facility and co-location facility shall minimize the facility's visual impact by blending with the surrounding environment, terrain, landscape, or buildings (not sky colors, as the sky is a luminous source of light at all times and no non-luminous object can physically be made to blend with the sky). Paint colors shall be subject to the review and approval of the Department of Development Services. Color verification shall occur in the field after the applicant has painted the equipment in the approved color(s), but before the applicant schedules a final inspection.

D.

Roof/building-mounted facilities. For roof/building-mounted Wireless Telecommunications Facilities and colocation facilities, the following standards also shall apply:

1.

Antenna location.

a.

Antennas mounted on the facade of a building are strongly discouraged, but if approved, must be fully integrated into the architecture of the existing structure or otherwise screened from public view. "Stealth boxes" enclosing facade antennas shall not be considered adequate screening;

b.

Antennas shall be mounted on building rooftops, roof decks, or penthouses whenever feasible as a preferred alternative to facade-mounting. Antennas located on the building rooftop shall be located above the ceiling plate of the highest occupied floor;

c.

Antennas shall be located as far away as possible from the edge of the building or roof, with the goal of reducing or eliminating visibility of the installation from any and all vantage points.

2.

Equipment location.

a.

All equipment appurtenant to a roof/building-mounted wireless telecommunications site shall be located inside an existing building whenever possible, to the satisfaction of the Director of Development Services;

b.

If it is physically impossible for equipment to be located inside an existing building and the equipment is to be located on a building rooftop, the equipment shall be subject to the same screening and location requirements as the antennas. If no space for the equipment is available for lease in a building because all possible spaces are leased and occupied, this shall constitute a physical impossibility.

3.

Screening required.

a.

Where physically possible, antennas and equipment shall be located entirely within an existing architectural feature or screening device. This shall include areas used or occupied by other wireless service providers where feasible.

b.

All antennas and equipment mounted on a building rooftop shall be screened in a manner that is architecturally compatible with the existing building and is otherwise made as unobtrusive as possible. Screening shall use matching colors, materials, and architectural styles to create a harmonious addition to the building's architecture without disrupting its form, volume, massing, or balance.

c.

All antennas, including panel antennas, microwave antennas, GPS antennas, any other antennas, and all other equipment mounted on the building, shall be concealed behind the screening device on all sides such that the antennas and appurtenant equipment is not visible from the exterior of the subject property, from other property, or the public right-of-way.

d.

All cable trays and cable runs shall be located within existing building walls whenever physically possible. Cable trays and runs on the facade of a building are strongly discouraged. Any facade-mounted cable trays and runs shall be painted and textured to match the building and shall be mounted as close to the facade surface as possible, with no discernible gap between. Cable trays and runs mounted on a roof deck and below the height of the parapet wall or screening device shall be exempt from this requirement, provided

they are fully screened by the parapet wall or screening device. Exposed cable trays and runs on a sloped roof are prohibited.

e.

At the discretion of the Staff Site Plan Review Committee, part or all of a proposed roof/building-mounted Wireless Telecommunications Facility or co-location facility may be exempted from screening requirements if the best feasible screening design would result in greater negative visual impacts than if part or all of the proposed installation were unscreened.

4.

Restriction on Historic Landmark structures. Installation of a roof/building-mounted Wireless Telecommunications Facility or co-location facility at a City-designated Historic Landmark shall make no changes to the external appearance of the building unless approved by the Cultural Heritage Commission.

E.

Non-reflective materials. The exteriors of Wireless Telecommunications Facilities and co-location facilities shall be constructed of non-reflective materials.

F.

Underlying setbacks. Wireless Telecommunications Facilities and co-location facilities shall comply with all the setback requirements of the underlying zoning district(s), except as modified by this Chapter.

G.

Height. Facilities subject to the provisions of this Chapter may be built and used to a greater height than the limit established for the zoning district in which the structure is located, except as otherwise provided below:

1.

No monopole or other freestanding structure shall ever exceed a maximum height of one hundred twenty feet (120') in any zoning district. In any Residential (R) or Institutional (I) zoning district, or Residential/Institutional Planned Development (PD) district, no monopole or other freestanding structure shall exceed a maximum height of fifty-five feet (55'). However, if an applicant demonstrates that the monopole or structure will accommodate a minimum of two (2) carriers, the site may be permitted at a maximum height of sixty feet (60'); or the applicant demonstrates that the monopole or structure will accommodate three (3) carriers, the site may be permitted at a maximum height of sixty-five feet (65');

2.

A roof/building-mounted Wireless Telecommunications Facility shall not exceed the maximum height allowed in the applicable zoning district, or ten feet (10') above the building roof deck, whichever is higher, except that in any R-1, R-2, or R-3 district, no roof/building-mounted site shall exceed the maximum height for structures allowed in that district;

3.

Notwithstanding the height limits set forth in the preceding Sections, for facilities to be mounted on towers used for high-voltage electrical power transmission between generating plants and electrical substations (not utility poles), the antennas may be mounted as high as necessary on the tower, provided that the top of the highest antenna is not higher than the top of the existing tower.

H.

Accessory buildings. In any zoning district, accessory buildings in support of the operation of the Wireless Telecommunications Facility or co-location facility may be constructed, provided that they comply with the development standards set forth for accessory structures for the zoning district in which the site is located.

I.

Footprint. The overall footprint of each Wireless Telecommunications Facility shall be as small as possible, to the satisfaction of the Staff Site Plan Review Committee.

J.

Generators and emergency power. Diesel generators are allowed as an emergency power source, although they are discouraged. When a feasible alternative technology for permanent on-site backup power becomes available (for example, fuel cells) the Department of Development Services may require the use of such technology in lieu of a diesel generator, unless the applicant provides written documentation explaining why such an alternative is not feasible. All generator installations shall comply with all containment requirements of the applicable Fire and Building Codes, without exception. Unless otherwise approved by the Director of Public Works or if within the Coastal Commission's retained permit jurisdiction area, by the Coastal Commission or its Executive Director, generators and emergency power source for wireless facilities located in the public right-of-way are prohibited.

K.

Ground lease area enclosures and landscaping. If equipment appurtenant to a facility is to be located in a ground lease area, the lease area shall be enclosed by a CMU block wall, or other appropriate fence, to the satisfaction of the Staff Site Plan Review Committee. The fence shall be of a minimum height of six feet six inches (6'6") in residential districts, and eight feet (8') in other districts, unless waived at the discretion of the Director of Development Services in cases of infeasibility. The exterior of all ground lease areas shall be landscaped with drought-tolerant plant material, and adequate irrigation systems shall be provided for landscaping. Climbing vines shall be provided on the exterior of the enclosure wall, planted not more than four feet (4') on center. This landscaping requirement may be modified or waived by the Director of Development Services in instances where landscaping would not be appropriate.

(ORD-20-0025 § 13, 2020; ORD-18-0012 § 1, 2018)

21.56.110 - Performance standards for all Wireless Telecommunications Facilities and co-location facilities.

No use may be conducted in a manner that, in the determination of the Director of Development Services, does not meet the performance standards below:

A.

Lighting. Wireless Telecommunications Facilities and co-location facilities shall not be lighted or marked unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or the California Public Utilities Commission (CPUC).

B.

Licensing. The applicant or operator shall file, receive, and maintain all necessary licenses and registrations from the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other applicable regulatory bodies prior to initiating the operation of the Wireless Telecommunications Facility. The applicant shall supply the Department of Development Services with evidence of these licenses and registrations prior to approval of a final inspection. If any required license is ever revoked, the operator shall inform the Department of Development Services of the revocation within ten (10) days of receiving notice of such revocation.

C.

Building permit required. Once a Conditional Use Permit or other applicable entitlement is obtained, the applicant shall obtain a building permit and shall build in accordance with the approved plans.

D.

Power connection. The project's final electrical inspection and approval of connection to electrical power shall be dependent upon the applicant obtaining a permanent and operable power connection.

E.

Removal after end of use. The Wireless Telecommunications Facility, and/or co-location facility, if present, and all equipment associated therewith shall be removed in its entirety by the operator, at the operator's sole expense, within ninety (90) days of a FCC or CPUC license or registration revocation or if the facility is abandoned (per Subsection 21.56.020.A) or no longer needed. The site shall be restored to its preinstallation condition and, where necessary, re-vegetate to blend in with the surrounding area. In the case of roof/building-mounted facilities, all antennas, equipment, screening devices, support structures, cable runs, and other appurtenant equipment shall be removed and the building shall be restored to its to its preinstallation condition. Restoration and re-vegetation shall be completed within two (2) months of removal of the facility; hence a maximum of five (5) months from abandonment of the facility to completion of restoration. Facilities not removed within these time limits shall be removed immediately. The City shall not be responsible to provide notice that removal is required under the provisions of this Chapter.

F.

Maintenance. Wireless Telecommunications Facilities and co-location facilities shall be maintained by the permittee(s) and subsequent owners in a manner that implements all of the applicable requirements of this Chapter and all other applicable zoning and development standards set forth in Title 21, and all permit conditions of approval. Site and landscaping maintenance shall be the responsibility of the property owner, who may designate an agent, including the operator, to carry out this maintenance.

G.

Noise. All construction and operation activities shall comply with Chapter 8.80 (Noise Ordinance) of the Long Beach Municipal Code and any applicable conditions of approval.

H.

Use of backup power sources. The use of diesel generators or any other emergency backup power sources shall comply with Chapter 8.80 of the Long Beach Municipal Code (Noise Ordinance). The use of backup power sources shall be limited to actual power-outage emergencies and any operation necessary for testing and maintenance. Permanent or continuous use of backup power sources is prohibited.

I.

RF report. Within forty-five (45) days of commencement of operations, the applicant for the wireless communications facility shall provide (at the applicant's expense) the Development Services Department with a report, prepared by a qualified expert, indicating that the actual radio frequency emissions of the operating facility, measured at the property line or nearest point of public access and in the direction of

maximum radiation from each antenna, is in compliance with the standards established by the Federal Communications Commission. This report shall include emissions from all co-location facilities, if any, at the site as well. The applicant shall subsequently provide such report to the City within forty-five (45) days following any change in design, number of antennas, operation, or other significant change in circumstances, or when such a report is otherwise required by the FCC, to the satisfaction of the Director of Development Services.

(ORD-18-0012 § 1, 2018)

21.56.120 - Additional requirements and standards for Wireless Telecommunications Facilities and colocation facilities in the coastal zone.

A.

Location. New Wireless Telecommunications Facilities shall not be located between the first public highway and the sea or bay, unless no feasible alternative exists, and the facility is not visible from a public location, or will be attached to an existing structure in a manner that does not significantly alter (in the determination of the Staff Site Plan Review Committee) the exterior appearance of the existing structure.

B.

Operational Interference with Public Rights-of-Way. No part of a wireless telecommunication facility shall alter vehicular circulation or parking within the public right-of-way, nor shall it impede vehicular and/or pedestrian access or visibility along any public right-of-way. No permittee shall locate or maintain wireless telecommunication facilities to unreasonably interfere with the use of City property or the public right-ofway by the City, by the general public or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic on City property or the public right-of-way, interference with public utilities, and any such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result

ic or by other persons authorized to use or be present in or upon the public right-of-way. Unreasonable interference includes disruption to vehicular or pedestrian traffic on City property or the public right-of-way, interference with public utilities, and any such other activities that will present a hazard to public health, safety or welfare when alternative methods of construction would result

in less disruption. All such wireless telecommunications facilities shall be moved by the permittee, at the permittee's cost, temporarily or permanently, as determined by the Director of Public Works.

C.

Aesthetic Impacts. All wireless telecommunication facilities shall be designed and located to eliminate or substantially reduce their visual and aesthetic impacts upon the surrounding public rights-of-way and public vantage points. To accomplish this goal, all wireless telecommunication equipment shall be developed with the intent of locating and designing such facilities in the following manner and order of preference (from top to bottom). In instances where a facility is proposed for installation at a location or in a manner that is not the highest preference for each of the following categories, the applicant shall make a factual showing that all higher preferences are infeasible:

1.

Antenna preferences:

a.

On an existing public utility pole;

b.

On a replacement street light pole;

c.

On an existing structure other than a street light pole or utility pole in the public-right-of-way;

d.

On a new structure other than a street light pole or utility pole in the public right-of-way (e.g., wireless telecommunication kiosk);

e.

On an existing non-wood utility pole;

f.

On a new non-wood utility pole;

g.

On an existing wood utility pole.

2.

Equipment preferences (for all appurtenant equipment, including, but not limited to, radio units, power supplies, voltage converters, and electrical service connections and meters):

a.

When bundled in an all-in-one equipment cabinet with the antenna(s), provided, however, that the size of the cabinet shall be minimized to the satisfaction of the Director of Public Works;

b.

Within a below-grade equipment vault, or on a street light pole or utility pole that does not place new cabinets or other above ground furniture in the public right-of-way, provided, however, that the size of the boxes on the pole shall be minimized to the satisfaction of the Director of Public Works and that the power supply equipment is undergrounded;

c.

Attached to existing power source in an existing utility box;

d.

Enclosed at the base of the pole on which the antenna(s) is/are proposed for installation;

e.

In an existing ground-mounted (grade-level) equipment cabinet, with no expansion or additional cabinets to be added;

f.

Within a new equipment enclosure mounted at grade.

3.

Site location preferences:

a.

Within the public right-of-way, not in a center median, and not requiring the removal of existing parkway trees, reduction of the size of any parkway landscape planters, and not requiring any modifications to the existing location of any infrastructure within the public right-of-way;

b.

Within the parkway landscaping within the public right-of-way, and requiring only minor alterations to the existing parkway landscaping (including planter size) and/or infrastructure;

c.

Within the public right-of-way in a manner that requires significant alteration to the existing public improvements and/or infrastructure.

Site location restrictions. In addition to the orders of preference specified in the preceding subsections, the following location prohibitions shall be applicable to all applications for installations of wireless telecommunications facilities in the public rights-of-way.

a.

All wireless telecommunication facility antennas, equipment and related infrastructure shall be prohibited in all center street medians;

b.

In Residential Zoning Districts or Residential Planned Development Districts, only one (1) wireless telecommunications facility and associated equipment per applicant (including contractors, subcontractors, agents, or lessors to applicant or applicant's affiliate) shall be permitted within the public right-of-way within a five hundred foot (500') radius. For all other applicants, only one (1) wireless telecommunications facility and associated equipment per applicant shall be permitted within the public right-of-way within a one hundred foot (100') radius. The separation requirements in the preceding two sentences may be waived by the Director of Public Works upon a demonstration that the refusal to allow an additional facility within a five hundred foot (500') or one hundred foot (100') radius will result in the creation of a significant coverage gap for the applicant and/or that such refusal will otherwise violate an applicable state or federal law;

c.

Wireless on strand or overhead lines shall be prohibited;

d.

New wood poles and strand mounts may be allowed by the Director of Public Works if the applicant demonstrates that a wooden pole or strand mount is less impactful (from public safety, visual, or logistic standpoints) at a specific location.

D.

Height.

1.

Antenna installations on existing City infrastructure shall not exceed the height of the existing infrastructure piece by more than five and one-half feet (5.5') unless approved by the City Engineer or Director of Public Works after a finding is made that a greater height would promote the aesthetic or safety concerns of the City;

2.

For antenna(s) proposed for placement on a new pole in the public right-of-way, the height to the top of the highest element shall not exceed the average height of utility poles on the same block as the subject site by more than five and one-half feet (5.5'). In cases of uncertainty, the Director of Public Works shall have the authority to determine the applicable height limit;

Pole-mounted equipment shall be a minimum of ten feet (10') above level of sidewalk for public safety reasons.

E.

Design.

1.

Any pole to be installed in the public right-of-way shall be disguised to resemble a utility pole to the maximum extent possible. All antennas shall be limited to a diameter no more than the widest part of the main pole, excluding its base. All antennas and screening devices shall be painted or finished to match the pole. All pole or equipment shall be painted or otherwise coated, per City standard, to be visually compatible with existing poles and equipment. The installation of new wood poles is not preferred;

2.

Omnidirectional antenna units and groups of panel antennas shall be placed on the same vertical axis as the center of the pole where feasible. If not feasible, the installation shall utilize brackets and/or cross-arms that allow no more than a six-inch (6") extension (stand-off) from the pole except when additional stand-off is required to comply with health and safety regulations such as GO-95 and OSHA;

3.

Antenna installations on existing City infrastructure shall be placed in a manner so that the size, appearance and function of the final installation is essentially identical to the installation prior to the antenna installation taking place;

4.

No faux or otherwise nonfunctioning street lights, decorative elements, signs, clock towers, or artificial trees or shrubs or other such nonfunctioning screening elements made to resemble other objects shall be permitted;

5.

Wireless telecommunications facility equipment located above the surface grade in the public right-of-way including, but not limited to those on certain street lights, shall consist of small equipment components that are compatible in structure, scale, function and proportion to the poles they are mounted on. Equipment shall be painted or otherwise coated, per City standard (which may include public art), to be visually compatible with the subject pole. Underground vaults shall employ flush-to-grade access portals and vents that are heel shoe safe and slip safe; provided, however, that this restriction shall not apply in flood prone areas. Installations on City-owned or controlled public facilities shall be subject to applicable fees as approved by the City Council;

6.

Facilities shall be designed to be as visually unobtrusive as possible. Applicant shall size antennas, cabinet equipment and other facilities to minimize visual clutter. Facilities shall be sited to avoid or minimize obstruction of views from public vantage points and otherwise minimize the negative aesthetic impacts of the public right-of-way;

7.

All cables and conduits shall be routed through the interior of the subject pole; provided, however, that for wood poles all cables and conduits shall be mounted and routed in a manner calculated to minimize their visibility;

8.

All cables shall be screened from public view.

F.

Local coastal program requirements. New Wireless Telecommunications Facilities shall comply with all applicable policies, standards, and regulations of the Local Coastal Program (LCP).

G.

Coastal permit required. The necessary Coastal Development Permit or Local Coastal Development Permit shall be obtained.

(ORD-20-0025 § 14, 2020; ORD-18-0012 § 1, 2018)

21.56.130 - Additional requirements and standards for Wireless Telecommunications Facilities located in Park Zoning Districts.

A.

For the purpose of this Chapter the term Park Zoning District shall include those areas of the City regulated and established pursuant to Chapter 21.35 of this Code.

B.

Installation of Wireless Telecommunications Facilities in Park Districts must be pursuant to a lease or permit approved by the City Council. For those parks under the jurisdiction of the City's Parks and Recreation Commission, the matter shall first be submitted to the Commission for its recommendation. A Conditional Use Permit shall not be required.

C.

Prior to the City Council considering any lease or permit of Park District land for a Wireless Telecommunications Facility, the matter shall first be submitted to the Site Plan Review Committee in accordance with Chapter 21.25 of this Code. The Site Plan Review Committee shall impose reasonable conditions of approval, which shall include the minimum development, design and performance standards set forth in this Chapter.

D.

Application for Site Plan review in a Park Zoning District shall be in accordance with Section 21.56.050, or Section 21.56.090, if it is to be a co-location facility.

E.

All Site Plan Review proceedings conducted in accordance with this Section shall be subject to the Administrative Procedures set forth in Chapter 21.21, and the specific procedures set forth in Section 21.25.501 et seq., relative to site plan reviews.

F.

In order to effectuate parity between those Wireless Telecommunications Facilities located in Park Zoning Districts and those located elsewhere in the City, a fee equivalent to that established by the City Council for the processing and issuance of a Conditional Use Permit shall be charged.

(ORD-18-0012 § 1, 2018)

21.56.140 - Other provisions.

A.

Temporary wireless telecommunication facilities. Installation, maintenance, or operation of any temporary wireless telecommunications site is prohibited except as allowed under a special events permit necessary during a special event authorized by Chapter 5.60 of the LBMC, or during a government-declared emergency.

B.

Illegal facilities. Illegal Wireless Telecommunications Facilities or co-location facilities have no vested rights and shall either be brought into legal conforming status in accordance with this Chapter and Title 21 of the Long Beach Municipal Code, or shall be removed.

C.

Modifications to Wireless Telecommunications Facilities. Any modification to a Wireless Telecommunications Facility or co-location facility, including but not limited to, replacement of antennas, installation of additional antennas, installation of additional equipment cabinets, installation of a backup generator, paint or camouflage changes, and other physical changes to the facility, shall require, at a minimum, an administrative approval, and, if necessary, a building permit from the Department of Development Services. Prior to issuance of any approval for modification, the applicant shall submit an application for an administrative review to determine the compliance of the proposed modification with this Chapter and the existing Conditional Use Permit or other entitlement. For sites not located in the public right-of-way, applications for modification will be subject to the standards and procedures set forth for new Wireless Telecommunications Facilities, as specified in Sections 21.56.030 through 21.56.060, if any of the following apply:

No Conditional Use Permit was issued for the original Wireless Telecommunications Facility;

2.

The Conditional Use Permit for the original Wireless Telecommunications Facility did not allow for future modification or the extent of site improvements involved with the modification project (in this case, an application for a modification to the approved Conditional Use Permit, subject to Planning Commission review, may be substituted for a new Conditional Use Permit); or

3.

No environmental review was completed for the location of the original Wireless Telecommunications Facility that addressed the environmental impacts of future modifications (in this case, an application for a modification to the approved Conditional Use Permit, subject to Planning Commission review, may be substituted for a new Conditional Use Permit).

D.

Peer review.

1.

The Director of Development Services is authorized to retain on behalf of the City an independent technical expert to peer review any application for a Wireless Telecommunications Facility Permit if reasonably necessary, as determined by the Director. The review is intended to be a review of technical aspects of the proposed Wireless Telecommunications Facility and shall address all of the following:

a.

Compliance with applicable radio frequency emission standards;

b.

Whether any requested exception is necessary to close a significant gap in coverage, increase network capacity, or maintain service quality and is the least intrusive means of doing so;

c.

The accuracy and completeness of submissions;

d.

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

e.

The applicability of analysis techniques and methodologies;

f.

The validity of conclusions reached;

g.

The compatibility of any required architectural screening;

h.

Technical data submitted by the applicant to justify the proposed height of any new installation including monopoles or roof/building-mounted sites; and

i.

Any specific technical issues designated by the City.

E.

Appeals.

1.

Appeals from the decision(s) of the Director of Development Services or designee, and/or the Staff Site Plan Review Committee, shall be to the Planning Commission.

2.

Appeals from the decision(s) of the Planning Commission shall be to the City Council.

3.

All appeals shall be in accordance with the provisions of Title 21 related to Appeals.

F.

Revocation. The Planning Commission may, after a duly noticed public hearing, revoke, modify or suspend any wireless telecommunications permit on any one (1) or more of the following grounds:

1.

That the wireless telecommunications permit was obtained by fraud or misrepresentation;

2.

That the wireless telecommunications permit granted is being, or within the recent past has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law or regulation; or

3.

That the use permitted by the wireless telecommunications permit is being, or within the recent past has been, exercised so as to be detrimental to the public health or safety or as to constitute a nuisance.

G.

Findings. A Conditional Use Permit, Site Plan Review, or modification for a Wireless Telecommunications Facility or co-location facility may be granted only if the following findings are made by the designated reviewing body or person, in addition to any findings applicable under Chapter 21.25:

1.

The proposed Wireless Telecommunications Facility has been designed to achieve compatibility with the community to the maximum extent reasonably feasible;

2.

An alternative configuration will not increase community compatibility or is not reasonably feasible;

3.

The location of the Wireless Telecommunications Facility on alternative sites will not increase community compatibility or is not reasonably feasible;

4.

The proposed facility is necessary to close a significant gap in coverage, increase network capacity, or maintain service quality, and is the least intrusive means of doing so;

5.

The applicant has submitted a statement of its willingness to allow other wireless service providers to colocate on the proposed Wireless Telecommunications Facility wherever technically and economically feasible and where co-location would not harm community compatibility; and

6.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare.

H.

Transfer or Change of Ownership/Operator. Upon assignment or transfer of an already approved Wireless Telecommunications Facility or any rights under that permit, the owner and/or current operator of the Facility shall within thirty (30) days of such assignment or transfer provide written notification to the Director of Development Services of the date of the transfer and the identity of the transferee. The Director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a State-licensed radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the Director determines that the proposed operation is not consistent with the existing permit, the Director shall notify the applicant who may revise the application or apply for modification of the permit pursuant to the requirements of this Chapter.

(ORD-20-0025 § 15, 2020; ORD-18-0012 § 1, 2018)

If any provision or clause of this Chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other article provisions or clauses or applications, and to this end the provisions and clauses of this Chapter are declared to be severable.

(ORD-18-0012 § 1, 2018)

CHAPTER 21.57 - ALCOHOL NUISANCE ABATEMENT

These provisions shall be known as the Alcohol Nuisance Abatement "Deemed Approved" Ordinance.

(ORD-13-0012 § 1, 2013)

"Liquor store" means any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption under a "Type 21 License" of the California Department of Alcoholic Beverage Control. Liquor store does not include a business selling only beer and/or wine for off-premises consumption.

"Performance Standards" means the regulations prescribed below for liquor store activities with deemed approved status. An establishment must comply with the performance standards in order to retain its deemed approved status. Such compliance shall be determined by the City of Long Beach, and includes the following:

A.

The use does not result in any adverse effects, jeopardize, or endanger the health, peace, or safety of persons residing, visiting, or working in the surrounding area;

B.

The use is operated and maintained in accordance with all applicable local, state, or federal codes, laws, rules, regulations and statutes including those of the ABC, the City's General Plan, and all zoning or nuisance regulations of the City;

C.

The use is operated and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to surrounding properties and occupants. This shall encompass the upkeep and maintenance of exterior facades of the building, landscaping, designated parking areas serving the use, fences, and the perimeter of the site, including all public sidewalks, alleys, and parkways;

D.

The use does not result in repeated nuisance activities, as defined in Chapter 9.37 of this Code on or near the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

E.

The use provides exterior lighting and security measures to the satisfaction of the Chief of Police including:

1.

Exterior lighting consisting of high-pressure sodium or equivalent type, with a minimum illumination intensity of a 1.25 foot-candle. All exterior light fixtures shall be vandal resistant, installed on exterior walls, and should be the type with proper cut-offs to avoid glare and night sky glow. Exterior lighting shall clearly illuminate the building address, all parking, driving, and walking surfaces, and exterior doors during the hours of darkness. Activation of the required exterior lighting shall be either by a photocell device or a time clock. Any broken or burned out lights shall be required to be replaced within seventy-two (72) hours;

2.

Security cameras providing full camera coverage of all entries and exits into the building and full camera coverage of all public rights-of-way and private parking areas provided by the business. Cameras must record in color with output of at least four hundred eighty (480) lines resolution. Recordings shall be retained for no less than thirty (30) days on an IP-configurable Digital Video Recorder (DVR) or digital storage setup with a public IP address. The surveillance system username and password shall be provided to the Long Beach Police Department.

F.

No more than ten percent (10%) of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs or any other obstructions including products, shelving, display items and/or coolers. All advertising, signage, product, shelving, display items and/or coolers shall be placed and maintained to ensure a clear and unobstructed view of the establishment's interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.

G.

All existing publicly accessible exterior pay telephones shall be removed, including the housing of the pay telephone. No new publicly accessible exterior pay telephone may be located on any private property or any public right-of-way adjacent to a deemed approved liquor store activity.

H.

Any graffiti found on the walls, fences, pavement or buildings shall be removed within twenty-four (24) hours of its appearance on the property.

I.

The building address shall be displayed on all sides of the building facing a public right-of-way, including an alley, and clearly visible from each public right-of-way, including the alley.

J.

A copy of these performance standards, additional City or ABC imposed operating conditions, and a twenty-four (24) hour complaint telephone number shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment in public view.

"Deemed Approved Liquor Store" means any commercial land use where the sale of beer, wine, or distilled spirits was a legal nonconforming use prior to the effective date of this Chapter.

"Nonconforming use" or "Nonconformity," for the purposes of this Chapter, means a building which was lawfully established but which, due to the application of this Title, no longer conforms to the regulations of the zone in which it is located. (See Section 21.15.1860.)

(ORD-13-0012 § 1, 2013)

The purpose of this ordinance is to protect and promote the public health, safety, comfort, convenience and general welfare of the community by imposing anti-nuisance related performance standards on legal nonconforming liquor store activities with the incorporation of performance standards, the sale of alcohol becomes a conforming activity; however, all other nonconformities remain subject to the provisions of Chapter 21.27.

(ORD-13-0012 § 1, 2013)

This Alcohol Nuisance Abatement Deemed Approved Ordinance shall apply to all legal nonconforming liquor stores in the City of Long Beach on the effective date of this Chapter. The following establishments with a Type 21 ABC license are exempt from the ANAO: those with a current CUP, establishments that are located more than five hundred feet (500') from zoning districts allowing residential uses, and grocery stores of twenty thousand (20,000) square feet or greater with accessory sales of alcohol.

(ORD-13-0012 § 1, 2013)

A.

All liquor stores that were legal nonconforming uses immediately prior to the effective date of this Chapter shall automatically be granted deemed approved status for the liquor store activity and shall no longer be considered legal nonconforming uses.

B.

Each deemed approved liquor store activity shall retain its deemed approved activity status as long as it complies with the performance standards as defined in Section 21.57.020 of this Chapter.

C.

Any expansion, alteration, or modification in character of the deemed approved liquor store shall conform to the City's Zoning Code including obtaining permits required under Chapter 21.25 of this Code.

(ORD-13-0012 § 1, 2013)

A liquor store activity shall retain its deemed approved status only if it conforms to all of the nuisance based performance standards defined in 21.57.020; such conformance shall be determined by the City of Long Beach.

(ORD-13-0012 § 1, 2013)

21.57.070 - Administration and Enforcement.

A.

Within ninety (90) days of the effectiveness of this Chapter, each deemed approved liquor store activity shall fully comply with the nuisance based performance standards set forth in Section 21.57.020.

B.

Upon receiving a complaint from the public, Police Department, Code Enforcement, or any interested person that a deemed approved liquor store activity is in violation of the standards set forth in Sections 21.57.020, the following procedure shall be followed:

1.

The City shall assess the nature of the complaint and its validity by conducting an investigation of the premises to assess the liquor store activity's compliance with the applicable standards. The City shall provide the business and/or property owner, as appropriate, with written notice of any complaint received or investigation commenced by the City relative to the liquor store activity's alleged failure to abide by the regulations set forth in this Chapter.

2.

Upon establishing the validity of a complaint, the City shall issue a notice of violation to the business and/or property owner of the subject deemed approved liquor store activity. The business and/or property owner shall correct the violation, or take reasonable action to begin correction, and shall diligently pursue completion of the correction within ten (10) days after receiving written notification of the violation. At the end of the correction period, the City shall determine if the violation has been corrected. If violations have not been corrected within the prescribed period, the City shall then refer the matter to the Site Plan Review Committee for further review and action.

The Site Plan Review Committee shall conduct a hearing on the validity of the complaint. At the conclusion of the hearing, the Site Plan Review Committee shall have the authority to add or modify performance standards to insure that nuisance activity or conditions are eliminated. Actions taken by the Site Plan Review Committee are appealable by any aggrieved party to the Planning Commission. The decision of the Planning Commission on appeal shall be final.

(ORD-13-0012 § 1, 2013)

A.

If a deemed approved liquor store activity continues to violate the provisions of this Chapter after intervention by the Site Plan Review Committee, the City may refer the matter to the Planning Commission for a revocation hearing according to the procedures of Division VI, "Revocations", of Chapter 21.21 of this Code.

1.

Based on its findings and determination after hearing, the Planning Commission may:

a.

Continue the deemed approved activity status for the liquor store in question;

b.

Issue an administrative citation and impose administrative penalties for violation of applicable standards in accordance with Chapter 9.65 of this Code;

c.

Impose such reasonable conditions as are in the judgment of the Planning Commission necessary to ensure compliance with the applicable standards; or

d.

Revoke the liquor store's deemed approved activity status.

2.

If the Planning Commission determines to impose further new conditions on the deemed approved liquor store activity, such conditions shall be based upon the information then before the Planning Commission.

3.

If the Planning Commission finds that conditions and/or modifications of the liquor store will be ineffective in eliminating the adverse activities, the Planning Commission shall revoke the deemed approved activity status of the liquor store.

Continuation of any use after abandonment or revocation pursuant to this Chapter shall constitute a violation of this Code and shall be penalized as provided for in Section 21.10.080.

5.

Any aggrieved party may appeal the determination of the Planning Commission to the City Council in accordance with the provisions set forth in Division V, "Appeals", of Title 21 of this Code. The decision of the City Council on appeal shall be final.

(ORD-13-0012 § 1, 2013)

21.57.090 - Fee.

A.

The administrative citation process described in this Chapter does not preclude the City from recovering any other code violation or nuisance abatement costs incurred by the City in performing its code enforcement efforts.

B.

The City may collect a fee to recover costs associated with the inspection and enforcement of this Chapter in accordance with the City Council adopted fee resolution.

(ORD-13-0012 § 1, 2013)

CHAPTER 21.60 - RESERVED[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— ORD-21-0006, adopted February 2, 2021, repealed Ch. 21.60 §§ 21.60.110—21.60.710 entitled "Relocation Assistance for, and Meeting Housing Needs of, Persons of Very Low and Low Income Households," which derived from: ORD-09-0010 § 1, 2009; ORD-05-0007 §§ 2—8, 2006; Ord. C-7247 § 27, 1994; Ord. C-7064 § 6, 1992; Ord. C-6933 §§ 38—40, 1991; Ord. C-6894 § 1 (part), 1991; Ord. C-6868, 1991; Ord. C-6829, 1990; and Ord. C-6684, 1990.

CHAPTER 21.61 - MAINTENANCE OF LOW INCOME HOUSING IN THE COASTAL ZONE

The purpose and intent of this Chapter is to maintain the present number of very low, low and moderate income housing units within the coastal zone and to require that any applicant for a coastal development permit, as a condition of permit issuance, be responsible for replacing existing very low, low and moderate income housing on a one-to-one basis.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

Very low, low and moderate income households and housing units are defined in Chapter 21.15 (Definitions).

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

Any applicant proposing to remove existing affordable housing in the coastal zone shall be responsible for replacing on a one-to-one basis all existing very low, low and moderate income housing removed. This provision shall not apply in the following instances:

If the residential structure has been condemned and would require the expenditure of fifty percent (50%) or more of the improvement value, not including land value, to meet applicable building codes or regulations.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

A.

Authority. The administration of the replacement housing requirement and in-lieu fee payments is delegated to the Director of Development Services. The Development Services Department shall adopt appropriate guidelines for program administration consistent with the intent of this Chapter and consider both the rent and income levels of displaced tenants to make a determination about the affordability level of displaced units. Any fees assessed in connection with the administration of this Chapter shall be established by the City Council by resolution.

B.

Determination.

1.

It shall be the responsibility of the Director of Development Services to make all determinations regarding the very low, low and moderate cost housing displaced. In order to avoid short-term actions by the owner to disqualify housing from the very low, low and moderate income definitions, the Department of Development Services shall develop procedures to average rental levels over a three (3) year period and to establish fair market sales values based upon prior sales and assessment records.

2.

Determinations made by the Director of Development Services shall be attached by the applicant to the coastal development permit application and shall become a public record in all proceedings and hearings related to that application. The Department of Development Services shall verify the rent/sales value history and insure that there have been no price changes made for the purpose of circumventing this Chapter or these regulations.

When the units provided under this program are not under the ownership and control of the City, the Director of Development Services shall act to insure that the units continue to be made available to very low, low and moderate households. The City and the property owner shall enter into an agreement and shall cause necessary covenants and deed restrictions to be recorded as provided for in Subsections 21.61.080.E and F.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

No coastal permit and no permit to demolish units shall be issued until the applicant has demonstrated compliance with the responsibility to provide replacement units, or has demonstrated the intention to comply with this Chapter prior to occupancy of the new development. No certificate of occupancy shall be issued prior to the satisfaction of this responsibility.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

21.61.060 - Method of replacement.

An applicant shall provide replacement housing units by one of the methods outlined in Subsections 21.61.060.A through C:

A.

On-site—New Units. The replacement units may be provided on the same site as the units being removed and shall be constructed prior to the issuance of a Certificate of Occupancy for any market-rate units being developed on the site.

B.

In-lieu Fees. A developer may choose to pay in-lieu fees rather than provide replacement housing. Fees shall be paid in accordance with the provisions of Section 21.61.070. If the in-lieu fee is selected in a redevelopment project area, the developer shall be credited with the amount of relocation benefit actually paid to displaced residents, up to a maximum of four thousand five hundred dollars ($4,500.00) per unit, provided that the relocation payments made to displaced residents by the redevelopment agency are subsequently reimbursed by the developer.

C.

Affordability Replacement Requirement. All units determined to be very low, low and moderate cost housing in accordance with Subsection 21.61.040.A above shall be replaced on a one-for-one basis. All replacement units must be provided at either the same or greater level of affordability as the existing affordable unit being replaced.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

A.

Payment Schedule. In-lieu housing replacement fees shall be paid in accordance with the schedule indicated in Table 61-1 and escalated each year at the rate of the Construction Cost Index (CCI) to reflect current market cost. The fee shall be paid to the Director of Development Services for deposit in the Housing Trust Fund, or any similar successor fund, and shall be based on the number, size and income groups served by the displaced units. The schedule in Table 61-1 shall be adjusted annually in accordance with the current Construction Cost Index for the Los Angeles metropolitan area.

B.

Dispensation of In-lieu Fees. The Director of Development Services shall place all in-lieu funds received into the Housing Trust Fund, or any similar successor fund, for the purpose of funding for very low, low and moderate income housing. The funds must be dispensed by the Director of Development Services or designee within three (3) years from the date of receipt.

Table 61-1

In-Lieu Fee Schedule

C.

Inventory of Properties. The Director of Development Services shall maintain an inventory of properties suitable for rehabilitation, new construction or acquisition within the area specified in Subsection 21.61.080.B.

D.

Priority. The Director of Development Services shall seek housing opportunities funded by in-lieu fees in accordance with the following order of priority:

1.

Rehabilitation of existing substandard units.

2.

Conversion of existing standard market rate units to housing for very low, low and moderate income persons.

Construction of new housing for very low, low and moderate income persons.

The intent of this priority order is to maximize the number of affordable units produced so that the number produced will approximate or exceed the number of units lost to displacement. The Director of Development Services may alter this priority as deemed reasonable to accomplish the objectives of this Chapter. The Director shall attempt to reproduce affordable units in a mix proportional to the City-wide housing need, as established by the most current adopted general plan housing element and housing assistance plan.

E.

Annual Report Required. The Development Services Department shall make an annual report to the City Council on its progress in this program. The report shall include annual and cumulative figures, in size and cost, for the number of housing units lost and the number of units provided by the program, as well as the relationship between program achievements and existing housing needs as established by the Housing Element and housing assistance plan. This reporting may be integrated into overall annual reporting to the City Council regarding the Housing Element.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

A.

Equivalency. An applicant shall provide replacement housing units which are equivalent to the units displaced in terms of size, measured by the number of bedrooms and income range served, for persons of very low, low and moderate incomes. Subject to the approval of the Director of Development Services, and upon a showing that provision of equivalent units is not feasible, an applicant may provide replacement housing in a mix of household sizes and incomes. The mix shall be proportional to the City-wide housing need, as established in the most current General Plan Housing Element and housing assistance plan.

B.

Location.

1.

Any affordable housing produced through this program shall be located within the City of Long Beach anywhere south of the following line:

Beginning at the Los Angeles River and Anaheim Street; thence east along Anaheim Street to Pacific Coast Highway; thence southeast along Pacific Coast Highway to Seventh Street; thence east along Seventh Street to West Campus Drive; thence north along West Campus Drive to the common boundary between Cal. State Long Beach and the Veterans Administration (VA) Hospital on the north side of the hospital; thence west, north, east and south around the Cal. State Long Beach property line, returning to Seventh Street along East Campus Drive; thence east along Seventh Street to the boundary line between Los Angeles and Orange Counties.

The Director of Development Services shall attempt to achieve a reasonable distribution throughout this area in accordance with City General Plan Housing Element policies.

C.

Income Requirements.

1.

Housing units produced through the replacement program shall be available to households of very low, low and moderate income. To achieve this, each new tenant of rental property and each new buyer of for sale property shall first be qualified by the Director of Development Services or designee in accordance with procedures set forth by HUD under Section 8 of the Housing Act of 1937, as amended, or similar procedures which take into account annual household income and total household assets.

2.

Applicants shall be qualified as very low income, low income and moderate income, corresponding to the three (3) classes of housing units (very low, low and moderate) defined in Chapter 21.15 (Definitions).

D.

Guarantee. An applicant shall guarantee that replacement housing provided pursuant to Section 21.61.040 will continue to be provided for very low, low and moderate income households. The applicant shall enter into a recorded agreement or covenant with the City as specified in Subsections 21.61.060.C and D.

E.

Rental Units Guarantee. Affordable housing developed as rental units shall be subject to the following:

1.

Prior to the issuance of an occupancy permit, the developer shall enter into an agreement with the Director of Development Services to assure that all units will continue to be rented at prices affordable to very low, low and moderate income renters. The agreement shall bind the developer and any successor in interest to the real property being developed. The agreement shall be recorded as a covenant running with the land, with no prior liens, other than tax liens, for a period extending fifty-five (55) years from the date the agreement is recorded or for the life of the project, whichever is longer. The agreement shall provide that either:

a.

The unit rents shall be fixed at a level affordable to very low, low and moderate income households. The rent may be adjusted annually to reflect changes in the median income. Tenants must qualify as meeting the definition of very low, low and moderate income; or

b.

The units shall be rented at the fair market rent for new construction as established by the Department of Housing and Urban Development (HUD). The units shall be rented to persons who either meet the

standards for rent subsidy established by HUD pursuant to Section 8 of the Housing Act of 1937, as amended, or to persons who meet the requirements of other rent subsidy or funding program that provides rental housing for low income households.

c.

The developer and all successors in interest shall be subject to affordable housing covenant monitoring fees as may be established by the City Council by resolution.

2.

The developer shall make best efforts to accomplish the intent of this Chapter. Those efforts shall include, but not be limited to, entering into contracts offered by HUD, the Housing Authority, or other such agency administering a rent subsidy program; or, refraining from taking any action to terminate any rent subsidy programs entered into.

3.

In the event that any time within the life of the project after the agreement is recorded housing subsidies are not available, the developer or their successor shall maintain the rental levels for the unit at amounts no higher than those affordable to persons within the appropriate income categories described in this Title. In the event that so-called Section 8 or comparable maximum rental levels are no longer published by the federal government or local governmental agencies, maximum rental levels shall be a base rent established by the last rental ceiling published for the Section 8 program, adjusted by a percentage to reflect the percentage increase or decrease in median income.

F.

Sale Unit Guarantee. Affordable units developed as sale units shall be subject to the following:

1.

Prior to the issuance of a certificate of occupancy, the developer shall enter into an agreement with the Director of Development Services to assure that subsequent sales following the initial sale of the unit will be at a price affordable to households earning substantially the same percentage of the median income as the initial purchasers. The agreement shall bind the developer, any successor in interest and all subsequent purchasers of the unit. The agreement shall be recorded as a covenant running with the land, with no prior liens other than tax liens. The agreement shall provide as follows:

a.

The applicant, his successors and any subsequent purchasers shall give the City and Department of Development Services an option to purchase the units. The City may assign this option to an individual private purchaser who qualifies as a very low, low or moderate income person and who falls within substantially the same income group as the person for whom the initial sales price was originally established.

Whenever the applicant or any subsequent owner of the unit wishes to sell or transfer the unit, the applicant shall notify the Director of Development Services of his intent to sell. The City shall have the right to exercise the option cited in Subsection 21.61.080.F.1 within one hundred and eighty (180) days of the initial sale of the unit by the developer, or within ninety days for subsequent sales. Following the exercise of the option, escrow shall be opened and closed within ninety (90) days after delivery of the notice to exercise the option.

3.

The option price paid by the City or its designee shall be the original sales price of the unit plus an amount which reflects any increase in the median income since the time of original sale.

4.

Following the notice of intent to sell the unit, the City shall have the right to inspect the premises to determine whether repair or rehabilitation beyond the requirements of general or deferred maintenance is necessary. If such repair or maintenance is necessary, the City shall determine the cost of repair, and the cost shall be deducted from the purchase price. The repair costs shall be paid to the City, its designee, or contractors chosen by the City to carry out the deferred maintenance, and the money received shall be expended in making repairs.

5.

The purchaser shall not sell, lease, rent, assign or otherwise transfer the property without the expressed written consent of the Director of Development Services. This provision shall not prohibit encumbering the property for the sole purpose of securing financing. However, in the event of foreclosure or sale by deed of trust or other involuntary transfer, title to the property shall be taken subject to the recorded agreement.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

Any resident displaced by new construction or condominium conversion in the coastal zone shall have the first option to rent or buy affordable housing.

(ORD-21-0027 § 1, 2021; Ord. C-6533 § 1 (part), 1988)

CHAPTER 21.62 - RESERVED[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— ORD-10-0035, § 2, adopted Nov. 16, 2010, repealed Ch. 21.62 §§ 21.62.010—21.62.240, entitled "Flood Damage Prevention", and derived from: Ord. C-6533 § 1 (part), 1988; Ord. C-7062 § 1 (part), 1992; Ord. C-7507 §§ 1—24, 27, 1997; Ord. C-7522 §§ 1, 2, 1998; and Ord. C-7544 §§ 1—11, 1998. See Ch. 18.73 for similar provisions.

CHAPTER 21.63 - INCENTIVES FOR AFFORDABLE HOUSING

This Chapter establishes a system of incentives to encourage developers to provide housing for very low, low income, moderate income, and senior households, pursuant to Section 65915 et seq. of the California Government Code. The incentive consists of a density bonus.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In order to qualify for a density bonus, a project must be a very low income, low income, moderate income condominium project as defined by the State of California, or a senior citizen housing project (as defined in Sections 51.2 and 51.3 of the California Civil Code).

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

Density bonuses shall not exceed the percentage as permitted by the State of California of maximum density allowed in the applicable zoning district.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

The following procedural requirements shall be observed in reviewing and acting upon applications for density bonuses made pursuant to this Chapter:

A.

Application. An application for a density bonus shall be made in conjunction with other required applications for residential developments and shall be subject to the same procedures required by this Title and other applicable Sections of the Municipal Code.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

All residential projects granted a density bonus shall conform to the development standards of the applicable zoning district, except those standards regulating density or as waived according to Section 21.63.080 of this Chapter.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In exchange for the density bonus, the developer shall guarantee the units will be maintained for very low income, low income, moderate income condominiums, and senior households for thirty (30) years. The guarantee shall be in the form of a deed restriction or other legally binding and enforceable document acceptable to the City Attorney. The document shall be recorded with the Los Angeles County Recorder

prior to the issuance of a building permit. The applicant shall comply with the provisions of Chapter 21.60 of this Code for the maintenance of the units according to Housing Authority procedures.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990: Ord. C-6533 § 1 (part), 1988)

In addition to the density bonus, the very low income, low income, moderate income condominiums, and senior units shall be exempt from the parks and recreation and transportation developer fees, if the developer is in compliance with the applicable exemption provisions of Sections 18.17.130, 18.18.120 and 18.18.140 of the Long Beach Municipal Code as they now exist or may later be amended.

(ORD-06-0045 § 1 (part), 2006: Ord. C-7247 § 28, 1994: Ord. C-6822 § 20 (part), 1990)

A.

Criteria for Waiver. If the applicant can demonstrate that the increased density cannot physically be accommodated on the site, then the following development standards shall be waived during site plan review to accommodate the increased density. The waiver in the standards shall follow the priority order established and the applicant shall demonstrate that the increased density cannot be accommodated with each sequential waiver before the waiver of the next standard is allowed. Only one (1) standard shall be waived unless it is shown that each individual standard waiver will not physically accommodate the proposed density. A complete site plan and floor plan shall be provided to demonstrate the physical noncompliance.

B.

Priority order for waiver:

1.

Percentage compact parking;

2.

Tandem parking design limitations;

3.

Privacy standards;

4.

Private open space;

5.

Common open space;

Height;

7.

Distance between buildings;

8.

Side yard setbacks;

9.

Rear yard setbacks;

10.

Number of parking spaces (but not less than one (1) space per unit); and

11.

Front setbacks.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990)

If the developer believes that with the density bonus and the additional incentives, the provision of the very low income, low income, moderate income condominiums, or senior citizen housing units are not financially feasible, then the developer shall submit a project pro forma demonstrating the deficiency. Such pro forma shall include the costs of complying with each of the above-listed standards. These standards shall then be sequentially waived until financial feasibility is achieved.

(ORD-06-0045 § 1 (part), 2006: Ord. C-6822 § 20 (part), 1990)

CHAPTER 21.64 - TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES

A.

The Legislature of the State of California has found that the lack of an integrated transportation system and the increase in the number of vehicles are causing traffic congestion that each day results in hundreds of thousands of hours lost in traffic, tons of pollutants released into the air and millions of dollars of added costs to the motoring public. It has, therefore, adopted legislation requiring the preparation and implementation of a Congestion Management Program ("CMP") by County Transportation Commissions or other public agencies of every County that includes an urbanized area.

B.

The Los Angeles County Metropolitan Transportation Authority ("MTA") is responsible for the preparation of the CMP for Los Angeles County ("County").

C.

The CMP must contain a trip reduction and travel demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs.

D.

The County and every City within the County is required by State law to adopt and implement a Transportation Demand Management ("TDM") ordinance as an important element of the CMP to improve both congestion and air quality.

E.

LACTC must determine annually whether the County and cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance.

F.

The State Clean Air Act requires regions to attain a 1.5 vehicle occupancy during the commute period by the year 1999.

G.

This Chapter 21.64 is intended to comply with the CMP's requirements for a TDM ordinance. The requirements of South Coast Air Quality Management District ("District") Regulation XV, are separate from this Chapter, and administered by the District. Nothing herein is intended, nor shall it be construed, to limit or otherwise preclude employers from offering or providing additional inducements to use alternatives to single-occupant vehicles to their employees necessary to meet Regulation XV requirements.

H.

In order to use the existing and planned transportation infrastructure more efficiently, maintain or improve traffic levels of service, and lower motor vehicle emissions, it is the policy of the City to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality and participate in regional and County-wide efforts to improve transportation demand management.

(Ord. C-7092 § 2 (part), 1993)

The following words or phrases shall have the following meanings when used in this Chapter:

A.

"Alternative transportation" means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

B.

"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 21.64.030.

C.

"Buspool" means a vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

D.

"Carpool" means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

E.

"California Environmental Quality Act (CEQA)" is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

F.

"Developer" shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Chapter as determined by the property owner.

G.

"Employee parking area" means the portion of total required parking at a development used by on-site employees. Employee parking shall be calculated as follows:

H.

"Preferential parking" means parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are

provided in a location more convenient to a place of employment than parking spaces provided for singleoccupant vehicles.

I.

"Property owner" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this Chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

J.

"South Coast Air Quality Management District (SCAQMD)" is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

K.

"Tenant" means the lessee of facility space at an applicable development project.

L.

"Transportation Demand Management (TDM)" means the alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

M.

"Trip reduction" means reduction in the number of work-related trips made by single-occupant vehicles.

N.

"Vanpool" means a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen (15) adult passengers and on a prepaid subscription basis.

O.

"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles. (Also see the definition for "recreational vehicle" in Section 21.15.2270.)

(Ord. C-7092 § 2 (part), 1993)

21.64.030 - Transportation demand and trip reduction measures.

A.

Applicability. Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

1.

This Chapter shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a NOP for a draft EIR has been circulated or for which an application for a building permit has been received prior to the effective date of this Chapter.

2.

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

3.

Additions to buildings which existed prior to April 1, 1993 and which exceed the thresholds defined in this Section shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

B.

Development Standards.

1.

Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following to the satisfaction of the City:

a.

A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to the following:

i.

Current maps, routes and schedules for public transit routes serving the site;

ii.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

iii.

Ridesharing promotional material supplied by commuter-oriented organizations;

iv.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and

v.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2.

Nonresidential development of fifty thousand (50,000) square feet or more shall comply with Subsection B.1 of this Section and shall provide all of the following measures to the satisfaction of the City:

a.

Not less than ten percent (10%) of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required Transportation Information Board. Spaces will be signed/striped as demand warrants; provided, that at all times at least one (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet and two (2) spaces for projects over one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.

b.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet (7') two inches (2") shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

c.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (50,000) square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City.

3.

Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with Subsections B.1 and 2 of this Section, and shall provide all of the following measures to the satisfaction of the City:

a.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers:

b.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development:

c.

If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops:

d.

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(Ord. C-7092 § 2 (part), 1993)

CHAPTER 21.65 - INTERIM MOTEL/HOTEL CONVERSIONS[[14]]

Footnotes:

--- ( 14 ) ---

Editor's note— Formerly, Ch. 21.65, §§ 21.65.010—21.65.210 entitled "Tenant Relocation and Code Enforcement," was repealed by ORD-13-0024 § 2, adopted Nov. 12, 2013, which derived from ORD-050007 § 1(part), 2006. See Ch. 18.25 for similar provisions.

This Chapter establishes a process by which existing transient residential structures, such as motels and hotels in the City of Long Beach can be converted on a temporary basis to supportive or transitional housing for persons experiencing homelessness or those at risk of homelessness. Under this Chapter, the structure may return to its previous use, or any use consistent with the underlying zoning, upon termination of the supportive or transitional housing use.

(ORD-20-0041 § 1, 2020)

In addition to the definitions set forth in Chapter 21.15, the following definitions shall apply to this Chapter 21.65:

A.

"Interim Motel/Hotel Housing Project" is defined as the physical re-purposing or adaptive reuse of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.

B.

"Interim Motel/Hotel Conversion Permit" is a permit issued by the Department of Development Services Planning Bureau, upon satisfaction of the requirements of this Section, to an eligible applicant to allow the temporary conversion of an existing transient residential structure, such as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, for use as Supportive Housing or Transitional Housing for persons experiencing homelessness or those at risk of homelessness.

C.

"Local Agency" is defined as an agency that funds and/or operates subsidized Supportive Housing and/or Transitional Housing for persons experiencing homelessness or at risk of homelessness and/or provides on-site supportive social services such as intensive case management, employment services, benefits advocacy, and other services or service referrals necessary to obtain and maintain housing.

(ORD-20-0041 § 1, 2020)

All or, within the coastal zone, portions of Dwelling Units and Guest Rooms in the structure must be used for Supportive Housing or Transitional Housing or a combination of both. The Interim Motel/Hotel Housing Project shall not result in the expansion of more than ten (10) percent of the existing building floor area; nor shall the combined number of Dwelling Units or Guest Rooms increase from the number existing on site prior to the date of the Interim Motel/Hotel Housing Project application. Any Floor Area used for onsite Supportive Services shall be considered accessory to the residential use.

(ORD-23-0025 § 3, 2023 ORD-20-0041 § 1, 2020)

21.65.040 - Application and Approval.

A.

The Department of Development Services in coordination with the Department of Health and Human Services shall review all Interim Motel/Hotel Housing Projects for zoning compliance as described in Section 21.65.060, and adherence to the performance standards in Section 21.65.070. The Interim Motel/Hotel Housing Project shall be approved if the application requirements, zoning compliance and performance standards of this Chapter are met through the approval process, including but not limited to, payment of all applicable fees. Interim Motel/Hotel Housing Projects shall not be considered a change of use under Title 21 of the Long Beach Municipal Code, nor an increase in density or other change which requires any corresponding discretionary action.

B.

Prior to issuance of an Interim Motel/Hotel Conversion Permit, the applicant shall provide a copy of an executed agreement between the Local Agency and the Interim Motel/Hotel Housing Project applicant setting forth the terms for the provision of the of onsite Supportive Housing or Transitional Housing, or a combination of both, and the provision of on-site social services; proof that the applicant has received

funding from a Local Agency; and proof that the Supportive Housing or Transitional Housing agreement is in effect.

(ORD-20-0041 § 1, 2020)

Upon any termination of the Supportive Housing or Transitional Housing agreement, the Interim Motel/Hotel Housing Project applicant shall be required, within ninety (90) days, to notify the Department of Development Services and to complete one of the following:

A.

Submit an application to the Department of Development Services to return to the original use existing on the Interim Motel/Hotel Housing Project application, or to any use permitted by the current zoning regulations; or

B.

Provide a copy of a new executed agreement to the Department of Development Services, in accordance with the requirements in Section 21.54.040, to begin a new agreement term for the provision of Supportive or Transitional Housing.

(ORD-20-0041 § 1, 2020)

21.65.060 - Compliance with applicable standards and zoning code requirements.

A.

Outside the coastal zone, Interim Motel/Housing Projects shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations, including, but not limited to, the following:

1.

Minimum Area per Dwelling Unit or Guest Room. A structure that is occupied with a use classified as a Motel, Hotel, Apartment Hotel, Transient Occupancy Residential Structure, or Hostel, regardless of any nonconforming status as to the area and density regulations of the underlying zone, may be used for an Interim Motel/Hotel Housing Project, provided that the conversion does not create any additional total combined number of Dwelling Units or Guest Rooms.

2.

Off-Street Automobile Parking. Interim Motel/Hotel Housing Projects shall be exempt from the requirements of LBMC Chapter 21.41 during the Supportive Housing or Transitional Housing agreement, however, the Interim Motel/Hotel Housing Project shall maintain and not reduce the number of onsite parking spaces existing on the date of the Interim Motel/Hotel Housing Project application.

Use. Notwithstanding the use provisions of the underlying zone, an Interim Motel/Hotel Housing Project shall be permitted.

4.

Change of Use. Section 21.27.070 shall not apply to Interim Motel/Hotel Housing Projects.

5.

Change of Occupancy. To the extent that an Interim Motel/Hotel Housing Project is considered a change of occupancy, the change in occupancy shall be construed to be an occupancy group that is less hazardous than the original use, and building code compliance shall be limited to the requirements of Section 18.49.030, as determined by the Building Official.

6.

Notwithstanding any exemptions from building and zoning requirements detailed in this Section, an Interim Motel/Hotel Housing Project shall comply with minimum applicable health and safety requirements established in Title 18, as determined by the Building Official.

B.

Within the coastal zone, Interim Motel/Hotel Housing Projects, as defined in Section 21.65.020.A of this Chapter, shall not be subject to any otherwise applicable zoning ordinance, specific plan, or other overlay district regulations except for the City's certified Local Coastal Program (LCP) Land Use Plan and any regulations in the certified LCP Implementation Plan that are required for the protection of public access and coastal resources, including lower cost overnight visitor-serving accommodations. Interim Motel/Hotel Housing Projects require a coastal development permit consistent with Section 21.25.904.C of the certified Zoning Code.

C.

Minor Interior Alterations for Cooking Facilities. Approved Interim Motel/Hotel Housing Project applicants may make minor interior alterations adding cooking facilities, including a sink, a refrigerator not exceeding ten (10) cubic feet, counter space not exceeding ten (10) square feet, and a hotplate, microwave, or other cooking facilities to Guest Rooms. In the event a structure is returned to the motel or hotel use, in accordance with Section 21.65.040, the motel or hotel may maintain any Guest Rooms with added cooking facilities.

D.

Preservation of Nonconforming Rights. Upon termination of the Supportive Housing or Transitional Housing use, any structure that is nonconforming as to area or use regulations, or any other zoning code requirements, may return to the use and condition as it existed on the date of the Interim Motel Housing Project application, notwithstanding any physical alterations to the subject property. Any Floor Area used for Supportive Services may be returned to use as Guest Rooms or Dwelling Units, or may be converted to accessory amenity spaces, so long as the total number of Dwelling Units or Guest Rooms do not exceed the number existing at the time of the application for the Interim Motel Housing Project.

(ORD-23-0025 § 4, 2023; ORD-20-0041 § 1, 2020)

The Interim Motel/Hotel Housing Project shall meet the following performance standards:

A.

Public Outreach Requirement. At the time of Interim Motel/Hotel Conversion Permit application, and prior to the issuance of any permits for an Interim Motel/Hotel Housing Project, the operator and/or Local Agency shall conduct outreach to the surrounding community, to the satisfaction of the Director of Development Services. Public Outreach may include, but is not limited to, mailed notification, or the convening of a public meeting or other similar public forum for the purpose of seeking input from the surrounding community. The applicant shall provide copies of mailed notices, meeting flyers and/or meeting summaries or notes, or other relevant documentation to the satisfaction of the Director of Development Services as evidence that this requirement has been fulfilled.

B.

Supportive Service Area. A minimum area of office space shall be provided within an Interim Motel/Hotel Housing Project for the provision of on-site Supportive Services, including case management.

C.

Lighting. Security night lighting shall be shielded so that the light source cannot be seen from adjacent residential properties.

D.

Security Lighting. Security lighting with illumination of not less than 0.2 foot-candles (2.15 lx) shall be provided in parking areas, alleys and any unenclosed spaces under or within the first floor of the building(s).

E.

Recycling and Trash Facilities. Any recycling or trash facilities shall be secured and completely enclosed by a solid wall or fence not less than six (6) feet in height.

F.

Historic Buildings. An Interim Motel/Hotel Housing Project shall not involve alteration of an historic character defining feature identified in a nomination or a survey for any project affecting a property listed in or formally determined eligible for a national, state, or local historic register, individually or as a contributor to a historic district, unless the Director of Development Services determines the proposed alteration will not adversely impact the property's historic eligibility.

(ORD-20-0041 § 1, 2020)

If compliance with the Performance Standards is not met, the applicant may apply for approval of alternative compliance measures. The requirements in Sections 21.65.030 and 21.65.040 must be met in order to qualify for an alternative compliance review. In approving the alternative compliance application, the Director of Development Services shall find that the Interim Motel/Hotel Housing Project substantially meets the purposes of the Performance Standards, including that it provides an appropriate level of Supportive Services that is accessible to the residents of the Supportive Housing or Transitional Housing.

(ORD-20-0041 § 1, 2020)