Division IX — SIGNS ON PUBLIC PROPERTY

21.44.900 - Signs on public property.

A.

Applicability. No person, except a public officer or employee performing a public duty, shall place any sign on, above, along or within any public property. This prohibition does not apply to:

1.

Temporary promotional activity signs in public parks in connection with activities or uses approved by the City;

2.

Street banners, temporary holiday season decorations, and other street decorations on or suspended from lamp poles or other public structures shall be permitted when approved by the Director of Public Works and the City Manager;

3.

Signs authorized by the City inside publicly owned places of assemblage such as convention halls, auditoriums, sports arenas or stadiums which are used in a proprietary capacity;

4.

Wall signs for on-premises advertising on buildings used by concessionaires or other private commercial users or lessees of public property, when authorized by departments or agencies of the City in their proprietary capacity, and provided that any such signs comply with the provisions of Section 21.44.120 pertaining to wall signs;

5.

Painting of house numbers upon curbs in compliance with the requirements of this Code;

6.

Residential neighborhood and commercial district identification signs (see Section 21.44.240) provided:

a.

The signs are located in parkways or in the median island of divided highways;

b.

The signs shall comply with the established design guidelines in this chapter; and

c.

The applicant has a written construction and maintenance agreement approved by the Director of Public Works.

7.

Advertising, advertising displays or donor recognition permitted pursuant to Chapter 16.55.

B.

Permit Required. Any person who intends to place a private sign on public property as permitted by Subsection 21.44.900.A shall first obtain a permit from either the Director of Public Works or in the case of public property used in a proprietary capacity, from the department or agency of the City in charge of such property. A permit application form shall be provided by the City. The City Council, by resolution, may establish permit fees and may authorize rental rates or other appropriate charges for this permitted use of public property.

C.

In the Coastal Zone:

1.

On the sandy beach, the placement of private freestanding signs is prohibited.

2.

Prior to the placement of any private sign on public property located adjacent to the sandy beach, a coastal development permit shall be approved for a comprehensive sign plan. A comprehensive sign plan shall include specific standards for the size, number and location of proposed signs. A coastal development permit for a comprehensive sign plan shall be approved only if a positive finding is made that the sign or signs included in the plan do not:

a.

Obstruct public views to or along the coast;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

3.

A coastal development permit shall be required for any sign placed on public property in the Coastal Zone, except that a coastal development permit shall not be required for: wall signs; signs on the interior of structures; signs comprised solely of paint on existing structures; temporary banners, and flags displayed for a period not to exceed ninety (90) days; warning signs; traffic safety signs; and public service signs less than four (4) square feet that identify public conveniences (e.g., restrooms, telephones, hours of operation, government ordinances). A coastal development permit for a sign on public property shall be approved only if a positive finding is made that the sign design and scale does not:

a.

Obstruct views to or along the coast from publicly accessible places;

b.

Adversely impact public access to and use of the water;

c.

Adversely impact public recreational use of a public park or beach; or

d.

Otherwise adversely affect recreation, access or the visual resources of the coast.

D.

Removal of Signs. Any sign permitted on public property shall be removed by the party responsible for its posting immediately after the conclusion of the advertised event or by the removal date established by ordinance, regulation, contract or event. If such sign is not removed by that time, it shall be deemed abandoned and may be summarily removed by the City. The person or entity responsible for posting said sign shall be liable for the City's costs incurred in the removal of such sign, and the City Manager or his/her designee is authorized to collect said costs.

E.

Illegal Signs. Any sign placed on public property in violation of the provisions of this section is declared a public nuisance and may be summarily removed by the City. The person or entity responsible for such illegal posting shall be liable for the City's costs incurred in the removal of such sign, and the City Manager or his/her designee is authorized to collect said costs.

(ORD-13-0014, § 19(Att. A), 2013)

CHAPTER 21.45 - SPECIAL DEVELOPMENT STANDARDS

The City recognizes that certain types of land use, due to the nature of the use, require additional development standards beyond those specified for the applicable zone district. The additional standards are required to ensure that the use does not adversely impact adjacent uses. This Chapter establishes special development standards for permitted principal uses indicated in Tables 31-1, 32-1, 33-2, 34-1, 35-1 and 36-1 with a "Y" and an asterisk (Y*).

(Ord. C-7629 § 2, 1999; Ord. C-6533 § 1 (part), 1988)

Special development standards shall be required for the use and activities noted as set forth in Section 21.45.110 et seq.

(Ord. C-7378 § 19, 1995; Ord. C-6533 § 1 (part), 1988)

The following special development standards shall apply to adult entertainment businesses, as defined in Chapter 21.15 (Definitions) of this Title:

A.

Location.

1.

Adult entertainment businesses may not be located:

a.

Within three hundred feet (300') of any residential zoning district or residential Planned Development District (specifically excluding mixed-use zones) within the City; or

b.

Within one thousand feet (1,000′) of any public or private school (kindergarten through twelfth grade) located within the City; or

c.

Within six hundred feet (600′) of a City park; or

d.

Within five hundred feet (500′) of a church, as defined in Section 21.15.510 herein; or

e.

Within one thousand feet (1,000′) of any other adult entertainment business, as defined in this Title; or

f.

Fronting upon that portion of Pacific Coast Highway between Hayes Avenue and Termino Avenue, that portion of Anaheim Street between the Long Beach Freeway and Termino Avenue, that portion of Santa Fe Avenue between Anaheim Street and Pacific Coast Highway and that portion of Artesia Boulevard between Paramount Boulevard and Downey Avenue, and that portion of Broadway between Atlantic Avenue and Euclid Avenue. Such areas have been determined by the Long Beach Police Department to experience a high rate of arrests for prostitution, lewd behavior and disorderly conduct. Such determination shall be reviewed in three (3) year intervals, commencing upon October 1, 1997.

2.

All measurements set forth above shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment business to the nearest point on the property line of the residential zone, school or other adult entertainment business, as applicable.

B.

Parking. Adult entertainment businesses shall comply with the parking requirements set forth in Chapter 21.41 (Off-Street Parking and Loading Requirements). The number of parking spaces provided shall be the

equivalent of that required for new construction, regardless of the status of the legal nonconforming parking rights of the previous use.

C.

Security. The adult entertainment business shall provide a security system that visually records and monitors all parking lot areas serving the use. All indoor areas of the adult entertainment business shall be open to public view at all times with exception of restroom facilities. "Accessible to the public" shall include those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. Further, the adult entertainment business shall provide security guards, who are State licensed, armed, uniformed and approved by the City of Long Beach Police Department, during all hours of operation. The number of such guards so required shall be determined by the Chief of Police, and such number may be increased at any time by the Chief of Police if it is determined, in the Chiefs discretion, that such increase is necessary to protect the public peace and the surrounding neighborhood.

d, armed, uniformed and approved by the City of Long Beach Police Department, during all hours of operation. The number of such guards so required shall be determined by the Chief of Police, and such number may be increased at any time by the Chief of Police if it is determined, in the Chiefs discretion, that such increase is necessary to protect the public peace and the surrounding neighborhood.

D.

Displays. The adult entertainment business shall not display any adult oriented material or adult oriented merchandise which would be visible from any location other than from within the premises of the adult entertainment business. This limitation includes newsracks, except as permitted by Long Beach Municipal Code Chapter 14.20 (Newsracks).

E.

Lighting. All areas of the adult entertainment business (except movie and mini-movie theaters) shall be illuminated at a minimum of one (1) foot-candle, minimum maintained and evenly distributed at ground level (excluding those areas shielded by tables and similar obstructions). Parking lot lighting shall comply with the standards set forth in Section 21.41.259 of this Title.

F.

Hours of Operation. An adult entertainment business shall not operate between the hours of twelve (12:00) midnight and nine (9:00) a.m.

(Ord. C-7274 § 4, 1994: C-6684 § 37, 1990; Ord. C-6533 § 1 (part), 1988)

The following special development standards shall apply to Alcohol Beverage Manufacturing (ABM) uses and Accessory Tasting Rooms:

1.

An ABM and accessory tasting room use shall comply with all federal, state and local laws and regulations, including a valid license from the California Alcohol Beverage Control (ABC) Board for the specific type of alcoholic beverage manufacturing occurring on site.

An ABM and accessory tasting room use located in a commercial zone shall not exceed six thousand (6,000) square feet of gross floor area (GFA), unless otherwise permitted by an Administrative Use Permit (AUP).

3.

An ABM use located in a commercial zone may not exceed production of fifteen thousand (15,000) barrels per year.

4.

An ABM use located in a commercial zone must include an accessory tasting room.

5.

An ABM and accessory tasting room may not be located within five hundred (500) feet of the nearest property line of any elementary, secondary, or high school, as measured from the nearest property line of the site on which the alcohol manufacturing use is located, unless located in PD-30 (Downtown Plan), or permitted by Conditional Use Permit (CUP) in accordance with Section 21.52.201.

6.

All production activities shall be located completely within the ABM facility. All on-site storage shall be located within the ABM facility. Off-site storage is permitted in those zoning districts where storage and warehousing is permitted.

7.

The display of alcoholic beverages shall not be located outside of an ABM and accessory tasting room facility.

8.

The ABM and accessory tasting room use shall not be open to the public, except for the following hours:

Manufacturing and Production: 7:00 a.m. - 7:00 p.m. Monday - Saturday.

Accessory Tasting Room (Industrial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 10:00 p.m. Friday - Saturday.

Accessory Tasting Room (Commercial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 11:00 p.m. Friday-Saturday. Additional hours may be permitted through an Administrative Use Permit (AUP). The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

9.

Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 8:00 a.m. - 6:00 p.m. Monday - Friday and 11:00 a.m. - 6:00

p.m. on Saturday; the use of service trucks for the purposes of loading and unloading materials, ingredients, equipment and finished product shall be prohibited on Sunday.

10.

To the greatest extent feasible, access and loading bays are discouraged from facing toward a street.

11.

The purchase, consumption, tasting and sales of alcoholic beverages shall be limited to only those products produced on site.

12.

Ancillary retail sales shall be limited to only those retail items directly associated with the on-site ABM facility and accessory tasting room.

13.

The ABM use or accessory tasting room shall not charge an admission fee, cover charge or require a minimum purchase.

14.

A sewage plan and all on site infrastructure shall be approved by the appropriate City departments.

15.

The ABM and accessory tasting room use shall comply with Chapter 8.80 "Noise" of the Long Beach Municipal Code.

16.

A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring the property on both the interior and exterior. A Digital Video Recorder (DVR), capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than thirty (30) days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors, as well as the business address.

17.

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. All advertising, signage or other obstructions 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.

No publicly accessible exterior pay telephones shall be located on the ABM and accessory tasting room use premises.

19.

Tours of the ABM and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively impact adjacent businesses or property owners.

20.

ABM and accessory tasting room uses located adjacent to or across from residential areas shall be restricted from utilizing natural ventilation practices that may negatively impact neighboring residences and may be required to install mechanical air filtration systems to the satisfaction of the Director of Development Services.

(ORD-16-0025 § 2, 2016; ORD-15-0010 § 6, 2015)

Editor's note— ORD-11-0011 § 9, adopted June 7, 2011, repealed § 21.45.115, entitled "Attached/roof mounted cellular and personal communication services", which derived from: Ord. C-7399 § 15, 1996.

The following special development standards shall apply to Amusement/entertainment facilities:

A.

Hours of operation shall be limited to between eight (8:00) a.m. to twelve o'clock (12:00) midnight;

B.

All activities associated with the use shall comply with the standards of the noise ordinance, Chapter 8.80 of the Municipal Code;

C.

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions;

D.

The operator of the use shall provide night lighting and other security measures to the satisfaction of the Chief of Police;

E.

Exterior lighting shall not intrude on surrounding properties;

F.

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking;

G.

A security plan, including a video surveillance system, exterior lighting plan, noise, litter, loitering, crowd control and parking to the satisfaction of the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy;

H.

If the use contains a mixture of indoor and outdoor uses, the total square footage of each use shall be calculated together, and the more restrictive review process shall apply;

I.

Each indoor and outdoor use shall comply with the parking requirements set forth in Chapter 21.41; and

J.

If the use proposes to deviate from the special development standards, an Administrative Use Permit or a Conditional Use Permit shall be required.

(ORD-19-0028 § 34, 2019)

21.45.116 - Check cashing, pay day loans, car title loans, signature loans and other financial services.

The following special development standards shall apply to check cashing, pay day loan, car title loan, signature loan, and other financial service businesses:

A.

Conditional Use Permit. Required Findings for check cashing, pay day loan, car title loan, signature loan, and other financial service businesses are found in Section 21.52.212.

B.

Pay Phones. Exterior phones, security bars and roll up doors shall be prohibited, and any existing pay phones shall be removed.

C.

Window Signage. Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions.

D.

Maintenance. All yard areas shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall

encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences, and the perimeter of the site (including all public parkways).

E.

Signage.

1.

All nonconforming signs and pole signs shall be removed, including roof signs regulated under Section 21.44.710.

2.

All on-site signage shall be brought into compliance with the Long Beach Municipal Code, Chapter 21.44, removed, and/or improved to the satisfaction of the Site Plan Review Committee.

3.

Each check casher shall post a list of fees in English, Spanish, Tagalog, and Khmer at the cashier/check stand using a letter height not less than one-half (½) inch in height.

F.

Landscaping.

1.

All parking and landscaping areas on the property shall be improved and brought into compliance with the Long Beach Municipal Code by paving and striping parking areas and adding drought tolerant, native trees and shrubs.

2.

All landscaping shall be permanently irrigated with a twenty-four (24) hour/seven (7) day electronic or solar powered time clock.

G.

Lighting. Lighting shall be provided, including glare shields, in accordance with Chapter 21.41, in a relatively even pattern and in compliance with California Title 24 Energy requirements.

H.

Security.

1.

Interior and exterior video security cameras shall be installed at the front and rear of the business with full view of the public right-of-way and any area where the operator provides parking for its patrons. The

cameras shall record video for a minimum of thirty (30) days and be accessible via the internet by the Long Beach Police Department (LBPD).

2.

A Public Internet Protocol (IP) address and user name/password to allow LBPD to view live and recorded video from the cameras over the Internet are also required. All video security cameras shall be installed to the satisfaction of the Police Chief, Director of Technology Services, and Director of Development Services.

I.

Building Improvements.

1.

All building facades shall be improved with new paint, roofing materials, and windows to the satisfaction of the Site Plan Review Committee.

2.

New canopies or architectural projections shall be incorporated to the satisfaction of the Planning Commission and/or Site Plan Review Committee.

(ORD-13-0018 § 19, 2013)

Open storage or storage of recreational vehicles is permitted outdoors provided the following standards are complied with:

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Location. Storage shall not be located within required yard areas or on required parking areas.

C.

Site Plan Review Required. Before any construction or improvement begins, or new business license is issued to a new business licensee, or any licensed location expanded, complete site plans shall be submitted to and approved by the Planning and Building Department through the site plan review process. The site plan shall show the location and design of all buildings, structures, signs, lights, fences and landscaping.

D.

Screening. All open storage shall be screened by a solid wall of minimum height eight feet (8′). Material being stored shall not be visible above the wall.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to all standalone commissary kitchens:

A.

Proximity. No other similar facility shall be located and operating within 1,000 feet of the proposed site.

B.

Location. If located in a Neighborhood Commercial Zoning District (CNP, CNA, CNR), specified Community Commercial Zoning District (CCP, CCR, and CCN zones), or pedestrian oriented areas of Specific Plans or Planned Development Districts, a storefront public lobby with onsite pickup is required.

C.

Hours of Operation. Within 500 feet of residential use, the operating hours for a standalone commissary shall be limited between the hours of five (5:00) a.m. and twelve (12:00) a.m. The Zoning Administrator shall have the discretion to establish appropriate hours of operation for locations that require an Administrative Use Permit, in accordance with Division IV of Chapter 21.25.

D.

Parking. Off-street parking for indoor dining areas within the commissary shall be provided at the ratio required for any indoor dinner restaurant. Kitchen and production areas of the building shall be parked at the requirements specified in Chapter 21.41 for Manufacturing, processing, packing, and assembly, and the like.

E.

Loading. Adequate off-street loading spaces shall be provided to prevent adverse effects upon the neighborhood. A minimum of two (2) off-street loading and unloading spaces are required for all standalone commissary uses. For a commissary greater than 3,000 square feet of GFA, loading spaces shall be provided per the requirement specified in Chapter 21.41 for: Manufacturing, packing, assembly, warehousing uses.

F.

Building Facades. On any industrial or commercial building or tenant space (existing or new) elevation fronting the street, blank walls in excess of 20 feet (or as specified within the applicable zoning district, whichever is more stringent) shall be prohibited. Facades visible from the street shall incorporate architectural elements such as building plane breaks, three-dimensional elements, transparent, display, doors, changes in color and materials landscaping that result in a building with articulation.

G.

Entrances and Lobbies. A commissary shall have a main entrance that is clearly visible from the public right-of-way. Entrances and lobbies along street-facing frontages shall incorporate a transparent window system for clear visibility into the building. Such glass should be clear with an exterior daylight reflectance of not more than eight percent (8%). Entrances shall be clear of blockages, landscaping, and any other obstructions. The main entrance shall lead to a lobby used to retrieve persons into the site, verify access privilege into restricted areas, or provide seating areas.

H.

Storage. A commissary shall have adequate storage space for food, equipment, and supplies to be stored within the building. There shall be no outdoor storage associated with commissary operations except for trash receptacles. Storage areas shall be separated from main entrances and lobbies and must be secured and accessible only to staff of the commissary.

I.

Trash Receptacles. The commissary shall have onsite trash receptacles of adequate size appropriate to the demands of the use and to accommodate separation of materials for recycling and organics. All trash receptacles shall be designed in conformance with Section 21.45.167 of the Zoning Regulations.

(ORD-26-0012 § 10, 2026)

Findings required. A decision-maker shall not grant a conditional use permit or other approval for a drivethrough facility without finding:

A.

Said facility has adequate vehicle queuing distance, including with due consideration for menu board location, clear of any adjacent public right-of-way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the Director of Development Services.

B.

That the project substantially conforms with the purpose, intent and provisions of the General Plan, any applicable Specific Plan or Planned Development District, overlay, design guidelines, or other applicable regulation.

C.

That the location and design of the facility is compatible with surrounding existing uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities, and interior floor area.

D.

The said facility includes sufficient emissions controls to prevent idling vehicles, tunneling of emissions, and associated impacts on employees, visitors, and nearby sensitive receptors.

E.

That said facility includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris that may impact surrounding sensitive receptors.

F.

That said facility, if located within 150-feet of a residential zone, includes appropriate limits on hours of operation of the drive-through. Hours of operation for dine-in or take-out customers shall not be limited.

G.

That said facility is not located in an area of existing overconcentration of drive-through facilities and is not located within a 500-foot radius of a school or park unless mitigating factors exist.

H.

That development of the subject property shall not otherwise be suitable or necessary for more-intensive development that would advance the City's housing and economic goals, as described in the General Plan and Economic Blueprint.

(ORD-19-0016 § 8, 2019; Ord. C-7607 §§ 4, 8, 1999; Ord. C-6533 § 1 (part), 1988)

Emergency shelters shall be developed according to the following limitations:

A.

Maximum number of beds. One hundred fifty (150) beds per facility. Additional beds may be permitted through the Conditional Use Permit (CUP) process (Minor CUP required).

B.

Proximity to other shelters. No limit.

C.

Length of stay. Maximum of ninety (90) days.

D.

Off-street parking standards. Given the nature of the use, off-street parking shall be provided only for office space in the shelter, at the same rate as that required for general professional office use, as specified in Chapter 21.41. Additionally, one (1) loading space compliant with the standards of Chapter 21.41 shall be provided for each twenty-five (25) beds or portion thereof.

E.

Size and location of exterior and interior waiting and drop-off:

1.

An adequately-sized waiting and drop-off area, for the sheltered persons and their personal effects, shall be provided at each emergency shelter facility. This area may be either on the exterior or the interior of the building. If exterior, this area shall not abut or adjoin a public sidewalk or right-of-way unless separated by a fence at least four (4) feet tall.

2.

Said waiting/drop-off area shall comply with all requirements of the applicable Building Codes relating to such a use or occupancy.

3.

Exterior waiting shall be permitted for no more than one (1) hour prior to the opening and one (1) hour after the closing of the facility each day.

F.

Security and lighting.

1.

For an emergency shelter with ten (10) or more beds, an adequate number of on-site security guards shall be present during the waiting/drop-off periods before opening and after closing.

2.

For an emergency shelter with twenty-five (25) or more beds, an adequate number of on-site security guards shall be provided at all times when the shelter is operating.

3.

Exterior lighting shall be provided at each facility as directed by the Chief of Police.

4.

Other security measures, such as security cameras and recorders, security gates, or other necessary requirements, shall be provided as directed by the Chief of Police.

G.

Provision of on-site management. All emergency shelter facilities shall have on-site management present at all times when the shelter is operating, and during the periods when sheltered persons are waiting before opening and after closing of the facility.

(ORD-13-0004 § 2, 2013)

21.45.133 - Indoor animal adoption and boarding special development standards.

The following special development standards shall apply to businesses involving indoor animal adoption and boarding uses by right or requiring an Administrative Use Permit:

A.

Location. The site shall not adjoin or abut a residential use district. Planned Development Districts allowing ground floor mixed-use commercial and residential are exempt from this requirement.

B.

Size. Adoption and boarding areas shall remain an accessory component of the established primary operation and shall not exceed fifty percent (50%) of the gross floor area.

C.

Building Improvements.

1.

The facility shall be improved with sound abatement measures to ensure compliance with the noise ordinance, Chapter 8.80 of the Long Beach Municipal Code. Written documentation by a licensed acoustical engineer shall be provided to demonstrate compliance with the noise ordinance, subject to the approval of the Director of Development Services or designated staff.

2.

Impervious flooring surfaces and floor drains shall be incorporated in the areas dedicated for recreation or boarding of animals. Operations involving the care of cats are exempt from providing floor drains.

3.

Facilities shall be temperature-controlled with a heating, ventilation and air conditioning (HVAC) system. Ventilation and exhaust systems shall conform to the latest edition of the California Mechanical Code and California Building Energy Efficiency Standards for Residential and Nonresidential Buildings, as adopted and amended by Chapter 18.36 of the Long Beach Municipal Code, or as otherwise required by applicable provisions of the California Health and Safety Code.

4.

Facilities incorporating the handling, preparation, or sale of food or beverages shall be designed in accordance with Title 8 of the Long Beach Municipal Code and applicable provisions of the California Health and Safety Code.

D.

Operations.

1.

All business activities must be confined within an enclosed building.

Operations and care of animals shall be in compliance with Title 6 of the Municipal Code.

3.

The number of animals shall be limited to a minimum area of seventy-five (75) square feet of floor area per animal.

4.

The operator shall clean all recreational and boarding areas daily and properly dispose of associated animal waste.

(ORD-19-0028 § 35, 2019)

21.45.133.6 - Mobile food truck or mobile food facility on private property.

A mobile food truck or mobile food facility may be permitted as a temporary business on private property, provided:

A.

An Administrative Land Use Review (ALUR) shall be obtained by the mobile food facility operator or property owner prior to operating on private property.

B.

Mobile food facilities shall be limited to developed (non-vacant) non-residential sites.

C.

A mobile food facility shall be parked on asphaltic, concrete paving, or equivalent hard surface to the satisfaction of the Building Official.

D.

A mobile food facility shall not be located on a site which is included on any list compiled pursuant to Section 65962.5 of the California Government Code (Cortese List).

E.

A mobile food facility shall sell food only.

F.

Operating hours for a mobile food facility on private property shall be limited between the hours of seven (7:00) a.m. and ten (10:00) p.m., unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 of the Zoning Regulations.

G.

The mobile food facility shall be prohibited from operating in any landscaped area.

H.

No sales shall be made to motorists, nor shall any sales interfere with vehicular traffic.

I.

The mobile food facility shall not be located in any manner that blocks or impedes on-site or off-site vehicular, pedestrian, or bicycle circulation.

J.

The mobile food facility shall not occupy or impede access to required parking stalls or spaces for the primary onsite land use, unless a signed affidavit is provided that the hours of the mobile food facility and the primary onsite land use do not overlap.

K.

If vehicular parking remains active near the mobile food facility operation, the following provisions shall apply:

a.

The remaining parking spaces shall maintain the required dimensions and turning radius specified in Chapter 21.41 of the Zoning Regulations.

b.

A temporary barrier shall be provided to buffer the active parking areas or drive aisles from any customer queuing areas.

L.

The mobile food facility operator shall identify the power source when operating on private property. If the operator proposes the use of a generator, the generator location and specifications shall comply with the Noise Ordinance (Ch. 8.80, LBMC) and any required regulatory permits. Generators shall have regular maintenance and be well-tuned with genuine parts to prevent mechanical noise from loose components or worn parts.

a.

Generators shall be placed far from property lines, homes, and sensitive areas, using natural terrain or existing walls as buffers. Generators shall maintain the following distance between the noise source (generator) and closest sensitive use within the defined Noise District:

(i)

Noise District One: 100 feet

(ii)

Noise District Two: 30 feet

(iii)

Noise District Three: 18 feet

(iv)

Noise District Four: 10 feet

b.

If the above distances are not feasible, the applicant shall provide specifications documentation for the proposed generator for review for compliance with the Noise Ordinance.

M.

All lighting affixed to the mobile food facility shall be shielded and pointed downward equivalent to the "full cutoff" lighting standard. The use of floodlights and freestanding lights are prohibited.

N.

Section 21.44.600 of the Zoning Regulations shall remain in full force in effect for prohibited signs.

O.

A mobile food facility shall be equipped with trash receptacles of an adequate size and quantity to accommodate all trash and refuse generated by its operation.

P.

A mobile food facility operator shall be responsible for the collection and removal of all waste generated during operation of the mobile food facility. The site of operation must be left clean and free of refuse, debris, and litter at the end of each operating day and/or upon departure of the mobile food facility. All mobile food facility operators shall inspect, pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed from the truck within a 50-foot radius of the truck.

Q.

Temporary fixtures such as tables, chairs, umbrellas, canopies, and signage may be set up adjacent to the mobile food facility with the property owner's consent, provided they do not obstruct required circulation paths, access, or parking. All such items must be removed at the end of operating hours. Mobile food facility operators are responsible for ensuring that any fixtures transported or used in connection with vending comply with all applicable State food safety and transportation regulations.

R.

The maximum number of food trucks parked on private property at one time is subject to the approval of the property owner. In terms of number of food trucks allowed on the property, as part of filing

requirements, the applicant must provide an overall site plan of the property that indicates areas that have been allocated to mobile food facilities vs. open, unallocated space.

S.

A mobile food facility shall not use amplified or non-amplified sound-making devices in conjunction with operations, such as speakers, microphones, public address systems, bells, and chimes.

T.

A mobile food facility shall maintain compliance with all applicable provisions of the Long Beach Municipal Code, including but not limited to, maintenance of an active business license and health permit at all times during operation.

(ORD-26-0012 § 11, 2026)

21.45.134 - Outdoor animal daycare special development standards.

The following special development standards shall apply to businesses involving outdoor animal daycare services by right or requiring an Administrative Use Permit:

A.

Review Process. An Administrative Use Permit (AUP) shall be required to allow public review and the opportunity to establish appropriate conditions of approval for the operation.

B.

Separation distance. Outdoor dog animal daycare uses shall be at least two hundred (200) feet from the nearest property zoned or used for residential purposes.

C.

Attendant Required. Staff shall be in the outdoor area whenever animals are in the outdoor area.

D.

Limitation on the number of animals. The number of animals permitted in the outdoor area shall be limited in accordance with the standards set by the American Society for the Prevention of Cruelty to Animals (ASPCA) with a minimum of seventy-five (75) square feet of floor area per animal.

E.

Fencing. Opaque fencing shall be required to screen all outdoor areas from adjacent uses and subject to the height requirements of Chapter 21.43 of the Long Beach Municipal Code.

F.

Landscaping. Landscaping shall be provided adjacent to the outdoor fencing to allow for planting.

G.

Hours of operation. Outdoor animal daycare hours of operation shall be limited to between seven (7:00) a.m. and seven (7:00) p.m., Monday through Sunday.

H.

Daily cleaning. The operator shall clean all outdoor areas daily and properly dispose of associated animal waste.

(ORD-19-0028 § 36, 2019)

21.45.135 - Outdoor sale of flowers and newspapers.

The sale of flowers and newspapers shall be allowed as open uses according to the following limitations:

A.

The uses allowed are limited to the sale of flowers, potted plants, newspapers, magazines and greeting cards. No other mobile vendor uses are permitted by this provision;

B.

The uses shall obtain a special outdoor sales permit at the zoning counter in the Planning and Building Department prior to issuance of a business license. This permit shall not be issued until compliance with the following provisions has been shown and a fee equal to a sign permit fee has been paid:

1.

A twenty (20) minute curbside parking area shall adjoin the site of the flower cart or newsstand;

2.

A cart or stand shall be located on private property, completely outside of the public right-of-way. An area not less than two-feet-wide (2′) on private property shall be provided on all sides from which merchandise can be viewed in order to allow vendors and customers to stand outside the public right-of-way while transacting business;

3.

All applications shall be accompanied by proof of authorization by the owner of the property; and

4.

Either flowers or newspapers may be sold from either carts or stands. A photograph of the cart or building plans for stands shall be submitted to the Zoning Administrator for review and approval. Approval of the request shall depend upon the cart or stand being clean, neat, of substantial construction and being aesthetically compatible to the location proposed.

(Ord. C-7326 § 25, 1995; Ord. C-7047 § 32, 1992)

21.45.140 - Outdoor display for sale or rent (vehicles, equipment, garden supply, or building materials).

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Location. The vehicles and other display materials shall be set back five feet (5′) from a street and shall not be located in required parking areas.

C.

Surfacing. The entire area used for display purposes shall be surfaced with not less than two inches (2″) of blacktop or equally serviceable hard pavement surface. The surfaced area shall be maintained in good condition.

D.

Landscaping. All street frontage setback areas shall be landscaped in accordance with the provisions of Chapter 21.42 (Landscaping Standards).

E.

Screening. Display of vehicles and garden equipment located along street frontages shall be screened by compact evergreen hedge or alternate landscaping in a manner which screens the undersides of vehicles from public view. Display of other equipment and materials shall be screened by a solid fence of at least six feet (6′) in height.

F.

Wheel Stops. Wheel stops or some other type of protective device shall be provided as necessary to prevent vehicles from damaging fences, walls, buildings or landscaped areas, or from extending across any public or private property lines.

G.

Lighting. All outdoor lights shall be served by underground wiring and shall be shielded from adjacent properties.

H.

Maintenance. Outdoor display areas shall be maintained in a neat and manner nondetrimental to persons working or residing in the vicinity.

(Ord. C-7326 § 26, 1995: Ord. C-6533 § 1 (part), 1988)

A.

Building Required. A building containing not less than three hundred (300) square feet of floor area shall be provided on the same parcel or an adjacent parcel associated with the same business. The building shall contain, at a minimum, employee restroom facilities and private office space for the business.

B.

Open Uses Allowed. Unless otherwise restricted below, vehicle and equipment repair or maintenance may occur in open areas provided that appropriate screening is installed in accordance with the screening requirements of this Section.

C.

Open Uses Prohibited. Painting, except color match testing and sandblasting shall not occur in the open.

D.

Parts and Sales Restriction. Vehicles or equipment parked or stored on the site shall not be used as a source of parts and shall not be sold unless the business is also licensed for vehicle or equipment sales.

E.

Hours of Operation. Outdoor vehicle or equipment repair and maintenance shall occur only between the hours of seven (7:00) a.m. and ten (10:00) p.m.

F.

Noise. Outdoor vehicle or equipment repair and maintenance activities shall not violate the City noise ordinance, Chapter 8.80 of the Municipal Code.

G.

Screening of Work Areas.

1.

Abutting or Adjoining Residential Uses. All property lines which abut or adjoin a district allowing residential uses shall be provided with a solid fence or wall not less than six feet (6′) in height. Fences or walls on property lines abutting or adjoining front yard areas may not exceed three feet (3′) in height.

2.

Across Alley From Residential Use. All property lines which abut or adjoin an alley across which residential uses are allowed shall be provided with a solid fence or wall not less than six feet (6′) in height. However, for security reasons, the fence or wall may contain gates or other open areas, provided the open area does not exceed twenty percent (20%) of the entire fence or wall length. The Director of Planning and Building may accept open decorative fences such as wrought iron in lieu of the solid fence or wall, provided wrecked and disassembled vehicles or work service areas are not visible through the fence.

H.

Screening of Wrecked or Dismantled Vehicles. Any wrecked or dismantled vehicles or equipment parked overnight or stored on a site in the open shall be screened from the street by a solid fence or wall not less than six feet (6′) in height. However, for security reasons, fences which abut alleys or residential streets, or fences which face a major highway, a minor highway or principal street, may contain open fence areas, as long as the open area does not exceed twenty percent (20%) of the entire fence or wall length.

I.

Vehicles Outside Screening. All vehicles or equipment parked or stored outside an area fully screened pursuant to Subsections 21.45.150.G and 21.45.150.H shall be parked or stored in a neat and orderly manner. Vehicles shall be parked parallel to each other and to property lines and/or buildings. Vehicles shall not be wrecked or dismantled; shall have hoods, trunks and doors closed; shall not be dirty or dusty; and shall not be parked or stored on public property or public rights-of-way.

J.

Surfacing. All areas used for open vehicle and equipment repair, parking or storage shall be improved with a fully paved surface and raised concrete curbing not less than six inches (6″) in height.

K.

Curb Cuts. All unused curb cuts shall be closed and replaced with a full height curb and sidewalk. Curb cuts shall not exceed twenty-four feet (24′) in width.

L.

Site Maintenance. All areas visible from public rights-of-way shall be kept clean and orderly in compliance with the provisions of the property maintenance ordinance, Chapter 8.76 of the Municipal Code. All broken, cracked, depressed or damaged curbs and sidewalks shall be repaired. No vehicle or equipment repair use shall allow dirt, grime, oil or any chemicals to drain across the public sidewalk or alley in a manner which stains or discolors the sidewalk or alley.

(Ord. C-7776 § 6, 2001; Ord. C-6533 § 1 (part), 1988)

A.

Purpose. In recognition of the benefits imparted by publicly run post-secondary schools in the City and consistent with the Long Beach College Promise, of which the City is a partner, the City seeks to expand access to post- secondary education.

B.

Development Standards. The following special development standards shall apply to changes of use to establish publicly run post-secondary schools that operate as satellite spaces offering instruction and support functions:

Parking. Parking requirements for a change of use to establish a publicly run post-secondary school shall be waived. Additionally, Sections 21.41.165 and 21.41.315 shall apply.

(ORD-24-0033 § 24, 2024; ORD-20-0018 § 23, 2020)

The following standards shall apply to Interim housing as defined in Chapter 21.15 (Definitions) of this Title:

A.

Types of Interim Housing. Interim housing facilities include, but are not limited to, bridge housing, crisis housing, recuperative care housing, stabilization housing, recovery bridge housing, and emergency shelters.

B.

Coordinated Assessment. A coordinated assessment system should be utilized to increase the efficiency of assisting individuals entering an interim housing facility find the appropriate resources and level of assistance. This will help create a consistent approach to access and deliver services for system components that include, but are not limited to, access centers, bridge housing, crisis housing, homeless prevention, housing location, housing navigation, outreach, permanent supportive housing, rapid rehousing and transitional housing.

C.

Scope of Service. A scope of service shall be outlined for the proposed interim housing use. Supportive services found to be necessary should be provided on-site or clients shall be provided transportation options as needed. The interim housing facility shall accommodate the needs of the proposed residents, including but not limited to, adequate meal capabilities, sanitation facilities, linen and bedding, storage areas for personal belongings, pet accommodation or placement, and any other item or amenity deemed necessary for residents.

D.

On-Site Management. Interim housing case management should be demonstrated at the appropriate level of provider-to-client ratio. On-site management may be present at all times during the operation of the facility.

E.

Accessibility. Interim housing shall be located in an accessible location within one-half (1/2) mile of a transit site.

F.

Parking. Off-street parking requirements shall be based on the applicability to the interim housing use. At a minimum, off-street parking using Chapter 21.41 shall be provided based on the square footage of office

space, or based on the number of on-site staff, whichever is greater. In addition, one (1) loading space shall be provided for each twenty-five (25) beds of a facility.

G.

Neighborhood Compatibility. All programming shall take place on site, and not permit any queueing or loitering adjacent or abutting the site. The operator shall keep the abutting area, including the public rightof-way free of litter and debris. Interim housing facilities shall adhere to the standards of the City's Noise Ordinance, Chapter 8.80 of the Municipal Code.

H.

Security. An appropriate level of security shall be provided at the interim housing facility. The number of trained staff responsible for security shall be based on the number of beds provided at the facility. This may include, but is not limited to, the use of security personnel, video cameras, fencing, restricted access points and security

I.

Lighting and other measures to the satisfaction of the Police Chief and Director of Development Services.

(ORD-20-0026 § 18, 2020)

The following special development standards shall apply to interim passive parks as defined in Chapter 21.15 (Definitions) of this Title:

A.

Improvements.

1.

Improvements shall be limited to landscaping, walking paths and irrigation systems.

2.

Park furniture is limited to benches.

3.

Accessory buildings and or structures such as play equipment, tables, fire pits, barbecues, concession stands and public restrooms are not permitted.

B.

Setbacks.

Front. The front setback shall be the same as for a principal structure in the applicable zoning district.

2.

Side. A four foot (4′) side setback is required when abutting a residential district otherwise none is required.

3.

Rear. A ten foot (10′) rear setback is required when abutting a residential district otherwise none is required.

C.

Hours of Operation. Interim passive park hours of operation shall be seven-thirty (7:30) a.m. to dusk.

D.

Trash Receptacles. Adequate trash receptacles shall be provided and maintained for the life of the use.

(Ord. C-7378 § 27, 1995)

21.45.157 - Radio and television antennas.

A.

Location. Radio and television receiving and transmitting antennas shall be permitted any place on a lot except within the front yard setback area.

B.

Height. Antennas are permitted up to a height of sixty feet (60′) or twenty feet (20′) above a building upon which they are erected, whichever is greater, provided that:

1.

A building permit is obtained to erect the antenna and/or supporting tower;

2.

Any transmitting equipment is used in such a way as to minimize interference with commercial or public radio and television broadcasts.

Nothing in this Title shall authorize the construction, installation or placement of any structure permitted in this Section within the clearances from any electric public utility installation, conductor, line, wire, pole, tower or any other equipment and facilities established by the Public Utilities Commission. Documentation of compliance with these regulations shall be provided with application for a building permit.

(Ord. C-7663 § 37, 1999)

21.45.160 - Retail/office commercial uses and parking structures in the R-4-H Zone.

A.

Commercial Uses. In the R-4-H Zone, at grade commercial uses shall be located at property lines fronting on streets. A parking structure may encroach into the required yard area provided the structure is shielded by a street level commercial use along the street frontage. The commercial uses permitted pursuant to this Subsection 21.45.160.A. shall be those and only those permitted in the CL Zone.

B.

Parking Structures. Parking structures may project into a required yard area fronting a street provided that the entire street frontage at ground level contains commercial use, corner cutoffs, driveways, building entrances or landscape amenity areas approved by the Director of Planning and Building.

(Ord. C-6595 § 13, 1989; Ord. C-6533 § 1 (part), 1988)

The following standards shall apply to a Safe parking site as defined in Chapter 21.15 (Definitions) of this Title:

A.

Administrative Land Use Review. The proposed Safe Parking Site shall be reviewed for compliance with required operating conditions.

B.

Case Management. All participants in the Safe Parking Program shall be pre-screened by the operator. Identified service needs and case management shall be provided by the program operator with the intent of providing resources to assist participants into other available programs and/or housing.

C.

Automobiles. All vehicles utilizing the Safe Parking Site must be in working order and not leaking oil or other hazardous materials. Vehicle operators must have valid motor vehicle insurance, driver's license and current vehicle registration.

D.

Capacity. A maximum number of vehicles allowed in the Safe Parking Program shall be determined by the size and location of the Safe Parking Site. Recreational vehicles (RVs) are not allowed unless the parking lot is designed to accommodate oversized vehicles.

E.

Hours of Operation. The recommended Safe parking site hours will be a designated twelve (12)-hour window of time, such as 6:30 p.m. to 6:30 a.m. All vehicles must leave the Safe parking site during nonprogram hours.

F.

Sanitation Facilities. Restroom facilities, including hand washing facilities, will be provided on-site or immediately adjacent to the safe parking lot facility. The number of sanitation facilities required will be determined based on the number of Safe parking participants, but a minimum of at least two (2) facilities shall be provided at each Safe parking site. Adequate trash disposal facilities shall also be provided on-site. If recreational vehicles (RVs) are allowed as part of the Safe Parking Program, appropriate waste disposal facilities shall be provided for such vehicles. No disposal of graywater/blackwater is permitted by participants on or around the site.

G.

Security. Adequate on-site security (twelve (12) hours per day) shall be provided during hours of Safe Parking Site operations.

H.

Noise. The Safe Parking Site shall adhere to the standards of the City's Noise Ordinance, Chapter 8.80 of the Municipal Code. Excessive noise, including noise from vehicles, radios, portable devices, etc. shall be prohibited.

I.

Lighting. The parking lot shall have a level of illumination that is adequate to provide visibility for security purposes.

J.

Spacing. Adequate spacing between parked vehicles shall be provided for privacy. Options include a minimum distance of nine (9) feet between cars, an operational system where parked cars are offset from one another, or a privacy-type screen between vehicles is utilized.

K.

Screening. The Safe parking site shall have durable and attractive screening of the parking lot for privacy and security as deemed necessary.

(ORD-20-0026 § 19, 2020)

21.45.165 - Swimming pools and spas.

A.

A swimming pool or spa may be placed anywhere on a lot except within the front yard setback.

B.

A swimming pool or spa at a single-family home shall be isolated from the home pursuant to Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code of the State of California.

(Ord. C-7663 § 38, 1999)

The following special development standards shall apply to tattoo parlors, whether as a primary or an accessory use:

A.

No new tattoo parlor use shall be located within seven hundred feet (700') of another tattoo parlor, unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

B.

No new tattoo parlor use shall be located within seven hundred feet (700') of any public or private primary or secondary school, unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

C.

Tattoo parlors shall operate only between the hours of seven (7:00) a.m. and ten (10:00) p.m., unless granted through an Administrative Use Permit, in accordance with Division IV of Chapter 21.25 and Section 21.52.273.B.

D.

Service of alcohol, marijuana based substances, or other controlled substance shall not be permitted in conjunction with a tattoo parlor use.

E.

The entrance door and storefront window glazing shall be 100 percent (100%) clear and free of obstructions such as signs, window tinting, shelving, or racks.

F.

"Specified anatomical areas" as defined in Chapter 21.15 (Definitions) shall not be exposed in the publicly accessible areas of the business or viewable from the public right-of-way.

G.

The operator of the approved use shall prevent loitering and loud noises around the subject site during and after the hours of business operation.

H.

A sign stating, "No tattoo service will be provided for anyone under the age of 18," shall be visible at all times on the door of the front entrance.

I.

Lighting shall be placed above all exterior doors. Metal halide or other similar, "white light"-emitting bulbs shall be used to clearly illuminate the tenant address.

J.

The proposed business shall be equipped with an audible burglar alarm system and door/window alarm company contacts for added security.

K.

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 Recording 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.

L.

The applicant shall comply with all applicable State, County and City Health and Human Services regulations including, but not limited to the State Safe Body Art Act regarding the establishment and operation of businesses engaged in tattooing, body piercing and permanent cosmetic application.

M.

The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences and the perimeter of the site (including all public parkways).

N.

Exterior security bars and roll-up doors applied to windows and pedestrian building entrances shall be prohibited.

O.

Any graffiti found on site must be removed within twenty-four (24) hours of its appearance.

P.

Provisions in 21.45.166.A through P may be appealed to the City's Zoning Administrator, in accordance with Section 21.10.045.

(ORD-18-0013 § 5, 2018)

All required trash receptacles shall be developed according to the following standards:

A.

Minimum Size. Each trash receptacle area shall have adequate area to contain a size appropriate to the demands of the use and to accommodate separation of materials for recycling.

B.

Screening. All trash receptacles shall be enclosed on at least three (3) sides by a solid masonry wall of minimum height five feet, six inches (5'6"). The receptacle shall not be visible above the wall. A visually solid gate shall be provided.

C.

Location. All trash areas shall be located and arranged so as to be readily accessible to those using the trash receptacle as well as to trash pickup vehicles.

D.

Landscaping. All trash areas if visible from a street shall be further screened with a two foot (2') wide landscape strip. The strip shall be planted with shrubs of minimum five (5) gallon size which grow to a height of four feet (4'), with vines planted to the satisfaction of the Director of Planning and Building.

(Ord. C-7663 § 39, 1999)

21.45.168 - Truck terminal and truck yard facilities.

The following special development standards shall apply to trucking terminal and yards, in all Industrial Zones:

A.

Special conditions for industrial uses, Section 21.52.410 and Standards for outdoor service and repair of vehicles, Section 21.45.150 shall also apply.

B.

Storage. Transport containers used for storing goods, materials, or equipment to be transported by truck, train, or marine vessel may be stored anywhere on a lot, with the exception of any required corner cutoff area. No more than two (2) containers shall be stacked atop one another.

C.

Clean Truck Program. All drayage trucks, as defined in the Clean Truck Program, utilized for trucking business operations shall comply with the Clean Truck Program.

D.

Maintenance. All yard areas shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall

encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences and the perimeter of the site (including all public parkways).

E.

Facilities/Restrooms. All trucking terminals and yards shall contain office(s) and restroom facilities that are large enough to accommodate employees and guests. Truck terminals and yards are prohibited on vacant lots.

F.

Landscaping.

1.

A ten foot (10') wide landscaping buffer shall be provided on regional corridors and major arterial streets within the front yard and street side yard setback using drought tolerant plants common to the region.

2.

A five foot (5') wide landscaping buffer shall be provided on minor arterial and collector streets, within the front yard and street side yard setbacks.

3.

A ten foot (10') landscaping buffer shall be provided adjacent to all residentially zoned properties using drought tolerant plants common to the region.

4.

All landscaping shall be permanently irrigated with a twenty-four (24) hour/seven (7) day electronic or solar powered time clock.

G.

Lighting. Lighting shall be provided in accordance with Chapter 21.41 in a relatively even pattern and in compliance with California Title 24 Energy requirements.

H.

Fencing.

1.

A maximum twelve foot (12') in height decorative fence is required at all driveways, parking and loading areas that are visible from the public right-of-way.

2.

An eight foot (8') in height decorative block wall shall be placed on all property lines adjacent to residentially zoned properties.

3.

Chainlink, barbed wire and razor wire fencing are prohibited, except when located atop an eight foot (8') or taller decorative fence on interior property lines, including a public alley.

I.

Truck Queuing, Circulation, Paving and Grading.

1.

Adequate turning radius shall be provided to allow an adequate egress and ingress to the site.

2.

Trucking uses that accept deliveries or transfers from out of State trucks shall provide a minimum of thirty foot (30') wide curb approach.

3.

The site shall be designed to safely accommodate on-site maneuvers of any truck used for the business, and shall permit such trucks to enter and exit the site in a forward direction, thereby avoiding backing from or into a public street, except that trucks may back into a site, but not back into the street on lots less than twelve thousand five hundred (12,500) square feet in size.

4.

No loading or unloading of any materials or trailers shall be allowed on the public right-of-way, including an alley.

5.

Areas utilized for the parking of trucks shall be surfaced with a minimum six inch (6") thick reinforced concrete over compacted grade to ninety percent (90%) relative compaction; or a minimum five inch (5") thick asphalt paving over six inch (6") compacted road base, over compacted grade to ninety percent (90%) relative compaction, to the satisfaction of the Director of Development Services.

6.

The site shall be graded to drain in accordance with City's NPDES requirements and adequate catch basins shall be provided to screen runoff from the site.

7.

Major auto repair associated with a trucking use and subletting to trucking repair businesses shall be prohibited. Minor auto repair associated with a trucking use is allowed as an accessory use.

8.

Dumping of tires, oil, transmission fluids, filters, or any other hazardous materials is strictly prohibited.

(ORD-10-0033 § 2, 2010)

Vending carts shall be allowed as open uses according to the following special development standards:

A.

An administrative use permit shall be required by the City prior to issuance of a business license;

B.

Vending carts are limited to developed nonresidential sites;

C.

No more than two (2) signs, printed or affixed to each cart, which do not exceed two (2) square feet each, shall be permitted;

D.

No sales shall be made to motorists or shall any sales interfere with vehicular traffic;

E.

No vending cart operator shall place or allow to be placed any permanent or temporary fixtures at the

location of the vending activity, including, but not limited to, chairs, tables, advertising material or signs not affixed to the carts or storage facilities;

F.

The vending cart shall be prohibited from operating in any landscaped area;

G.

The vending cart shall not be located in any manner that blocks or impedes on-site vehicular or pedestrian circulation;

H.

The vending cart shall not be located in or impede access to any required parking stall or space;

I.

The vending cart may operate during the hours of the retail or office complex, unless the conditions of approval contain more restrictive hours of operation in which case the more restrictive hours shall apply;

J.

All vending carts shall be equipped with trash receptacles of an adequate size and quantity to accommodate all trash and refuse generated by such outdoor vending operation; and

K.

The vending cart operator shall possess a valid Health Department permit if food is prepared or sold.

(ORD-24-0032 § 2, 2024; ORD-24-0003 § 2, 2024; Ord. C-7247 § 32, 1994)

21.45.300 - Amortization of nonconforming open storage and uses.

A.

Illegal Uses and Legal Nonconforming Uses. All open commercial uses not specifically permitted by this Chapter shall be prohibited on the effective date of the ordinance codified in this Section as an amendment to the Zoning Regulations, and all legal nonconforming open uses shall be terminated by September 1, 1983.

B.

Permitted Uses. All open commercial uses specifically permitted by this Chapter which do not meet the required provisions shall be brought into compliance on the effective date of the ordinance codified in this Section as an amendment to the Zoning Regulations.

(Ord. C-6533 § 1 (part), 1988)

21.45.400 - Green building standards for public and private development.

A.

A green building, also known as a sustainable building, is a structure that is designed, built, renovated, operated or reused in an ecological and resource-efficient manner. Green buildings are designed to meet certain objectives such as protecting occupant health; improving employee productivity; using energy, water and other resources more efficiently; and reducing the overall impact to the environment. The City of Long Beach recognizes the benefit of green buildings and establishes a green building program.

B.

The Leadership in Energy and Environmental Design (LEED) Green Building Rating System created by the U.S. Green Building Council (USGBC) is hereby established as the rating system the City shall use in administering the green building program. Alternative green building systems may be substituted, at the discretion of the Director of Development Services, if the system can be demonstrated to achieve a comparable standard of achievement as LEED.

C.

No building permit shall be issued for the types of projects specified in this Section unless the project meets the level of LEED performance specified in this Section. The Director of Development Services shall have the authority to issue a clearance for all projects subject to the provisions of this Section for LEED compliance. Issuance of clearance shall be based on procedures established by the Director of Development Services.

The following types of projects shall meet the intent of LEED at the certified level:

a.

A new residential or mixed use building of fifty (50) dwelling units and fifty thousand (50,000) gross square feet or more;

b.

A new mixed use, or nonresidential building of fifty thousand (50,000) square feet or more of gross floor area;

c.

The alteration of an existing residential or mixed use building that results in the addition of fifty (50) dwelling units and fifty thousand (50,000) gross square feet or more;

d.

The alteration of an existing mixed use, or nonresidential building that results in the expansion of fifty thousand (50,000) gross square feet or more; and

e.

A new construction or substantial rehabilitation project for which the City provides any portion of funding.

2.

The following type(s) of projects shall obtain LEED silver certification:

a.

A new building on City land consisting of seven thousand five hundred (7,500) square feet or more of gross floor area;

b.

The alteration of an existing building on City land that results in the addition of seven thousand five hundred (7,500) square feet or more of new gross floor area.

D.

A project may be registered with the USGBC to obtain the required LEED certification, or a project may be certified by a third party as meeting the intent of LEED at the level required by this Section.

E.

Projects consisting of multiple buildings on one (1) or several lots shall be evaluated based on total gross floor area or number of dwelling units for the entire building footprint to determine applicability of this Section.

F.

The Director of Development Services shall have the authority to determine if the provisions of this Section apply to a given project in cases of uncertainty.

G.

Each project shall apply for compliance in whichever LEED rating system the Director of Development Services deems most suitable to the project type. The project shall use the version of the rating system in effect at the time the project is submitted for a building permit unless the project developer has elected to register with the USGBC in which case the project may use the rating system version which was in effect at the time the project registered.

H.

If a commitment to LEED gold or higher certification is made, the project may be eligible for flexibility in regard to certain development standards including, but not limited to, usable open space and off-street parking requirements, as determined by the Director of Development Services.

I.

The following development standards shall apply to all projects requiring site plan review:

1.

Canopy trees shall provide shade coverage, after five (5) years of growth, of forty percent (40%) of the total area dedicated to parking stalls and associated vehicular circulation, or paving materials with a solar reflectance index of at least twenty-nine (29) shall be used on a minimum of fifty percent (50%) of paving surfaces dedicated to parking stalls and associated vehicular circulation;

2.

Bicycle parking shall be provided at a minimum of one (1) space for every five (5) residential units, one (1) space for each five thousand (5,000) square feet of commercial building area, one (1) space for each seven thousand five hundred (7,500) square feet of retail building area and one (1) space for each ten thousand (10,000) square feet of industrial building area. Fractions shall be rounded up to whole numbers;

3.

Roofs shall be designed to be solar-ready subject to all applicable state and local construction codes and provide conduit from the electrical panel to the roof; and

4.

A designated area for the collection of recyclables shall be provided adjacent to the area for the collection of waste.

(ORD-19-0032 § 12, 2019; ORD-09-0013 § 5, 2009)

The following special development standards shall apply to adaptive reuse projects, as defined in Section 21.15.064.5:

A.

Land Use. The intent of the adaptive reuse is to allow conversion of existing structures into new land uses that maintain or enhance the character of a neighborhood or district, extend the life of the building, reduce use of new construction materials and reduce construction waste generated, and provide additional employment or housing opportunities in appropriate and compatible locations.

1.

An adaptive reuse project may change an existing building to any Neighborhood Commercial and Residential (CNR) District permitted use with the following exceptions:

a.

Adaptive reuse projects are not allowed in single-family or duplex residential zoning.

b.

Non-residential uses introduced into any multiple-family residential zones through adaptive reuse shall be compatible with the surrounding neighborhood as determined by the Site Plan Review Committee.

c.

No new residential uses shall be introduced through adaptive reuse into any industrial zone.

2.

Any discretionary review, including an Administrative Use Permit or Conditional Use Permit required within the CNR zone for a particular use, is required for an adaptive reuse project.

3.

Any request for a land use not explicitly allowed within the CNR zone as part of an adaptive reuse project shall require an Administrative Use Permit.

B.

Setbacks. Existing principal structures with non-conforming setbacks may remain. Any additions or facade changes involving greater than twenty-five (25) continuous linear feet of exterior wall facing a public rightof-way shall comply with zoning setbacks, unless waived by the Site Plan Review Committee.

C.

Height. Heights of existing buildings shall be exempt from established height limits. The addition of parapets or roof structures, equipment or other enclosures or non-habitable space is allowed. Any new or additional habitable space or floors shall comply with height limits of the underlying zoning district, unless waived by the Site Plan Review Committee.

D.

Residential Unit Size. A minimum dwelling unit size of four hundred fifty (450) square feet and project average of no less than seven hundred (700) square feet shall be provided, unless waived by the Site Plan Review Committee.

E.

Existing Parking. The number of existing parking spaces on-site shall be maintained. A reduction in existing parking may be requested as set forth in Section 21.41.223.

F.

Required Parking in Designated Parking Impacted Areas. Parking for adaptive reuse projects in designated parking impacted areas shall be provided as follows:

1.

Residential parking shall be a minimum of one (1) space per dwelling unit.

2.

Parking for all non-residential uses shall be a minimum of two (2) spaces per every one thousand (1,000) square feet of Gross Floor Area.

3.

In mixed use adaptive reuse projects, the first three thousand (3,000) square feet of non-residential space shall be exempt from parking requirements.

4.

Seventy-five percent (75%) of the minimum required parking shall be provided for assembly, office or retail conversions in mixed use or stand-alone buildings.

5.

Tandem parking shall be allowed up to seventy-five percent (75%) of provided spaces.

6.

Shared parking arrangements shall conform to Section 21.41.222 or Section 21.41.223.

7.

Any request for reduction in parking beyond the minimums in this Subsection 21.45.500.F shall be made in accordance with Section 21.41.223.

G.

Required Parking in General. Parking for adaptive reuse projects outside of designated parking impacted areas shall be provided as follows:

1.

No additional off-street parking shall be required for conversion of a nonresidential building to residential uses.

2.

Parking for all non-residential uses shall be a minimum of one (1) space per every one thousand (1,000) square feet of usable internal space.

3.

In mixed use adaptive reuse projects, the first six thousand (6,000) square feet of non-residential space shall be exempt from parking requirements.

4.

Fifty percent (50%) of the minimum required parking shall be provided for assembly, office or retail conversions in mixed use or stand-alone buildings.

5.

Tandem parking shall be allowed up to fifty percent (50%) of provided spaces.

6.

Off-site or shared parking arrangements shall conform to Section 21.41.222 or Section 21.41.223, as applicable.

7.

Any request for reduction in parking beyond the minimums in this Subsection 21.45.500.G shall be made in accordance with Section 21.41.223.

H.

TDMs required. An Adaptive Reuse project, whether residential or non-residential or mixed-use, that does not meet the parking requirements of this Section, or which is exempt from change of use parking requirements or minimum parking requirements, shall provide the Transportation Demand Management (TDM) measures set forth in Subsection 21.41.223.D, but shall not be required to obtain the Administrative Use Permit (AUP) required by that Section, nor to provide any parking spaces if otherwise exempt. This Subsection 21.45.500.H shall not be construed to create or maintain any minimum parking requirement for an adaptive reuse project.

I.

Other provisions. The adaptive reuse project shall comply with Floor Area Ratio (FAR), Landscaping, Lot Coverage, Open Space, and any other applicable development standards of the underlying zone, unless waived by the Site Plan Review Committee.

(ORD-24-0033 § 25, 2024; ORD-14-0004 § 3, 2014)

The following development standards shall apply to Micro-Unit projects:

A.

Purpose. To develop a pilot program for Micro-Unit projects in areas of the City that are amenity-rich and located near quality public transit systems in accordance with recommendation 3.11 of the City's adopted 29 policy recommendations to address the affordable housing crisis in the City, by developing innovative housing uses and encouraging housing production. This Ordinance establishes a "pilot program" to allow Micro-Unit projects in the Downtown (PD-30) and Midtown (SP-1) areas.

B.

Definition of terms.

"Micro-Unit project" is a development comprised either wholly or partially of Micro-Units.

C.

Land use. Micro-Units proposed in accordance with this Section shall be allowed where residential uses are allowed in PD-30 and SP-1.

D.

Applicability of underlying Planned Development or Specific Plan Regulations. The development standards associated with Micro-Units in this Section shall supersede the development standards as set forth in PD30 and SP-1.

E.

Micro-Unit size. The minimum Micro-Unit size shall be no smaller in square footage, or contain fewer amenities, than is permitted by the City's current Building Code Regulations.

F.

Open space requirement. Ten percent (10%) of the total lot area shall be provided as minimum common usable open space. A Micro-Unit project's open space must incorporate at least two (2) or more of the following types of common open space amenities:

1.

Communal lounge room on every floor;

Communal kitchen(s);

3.

Rooftop outdoor space with minimum dimensions of twelve foot (12') length by twelve foot (12') width, and a minimum area of one hundred fifty (150) square feet that includes seating areas, landscaping, water features, programmatic features, or other equivalent high-quality rooftop amenities to the satisfaction of the Site Plan Review Committee; or

4.

Usable open space described in Section 21.15.3160.

G.

Required parking. Parking requirements per the parking regulations specified in PD-30 and SP-1 shall apply; however, Micro-Unit projects are eligible for a vehicular parking reduction by incorporating Transportation Demand Management (TDM) strategies that aim to reduce reliance on automobiles and associated congestion and emissions. Subject to the discretion of the Site Plan Review Committee, TDM strategies may include following:

1.

Carpool/vanpool;

2.

Garage lifts (stacked parking);

3.

Unbundled parking (parking spaces are rented or sold separately, rather than automatically included with the rent or purchase price of a residential or commercial unit);

4.

Off-site parking within one thousand (1,000) linear feet walking distance of the property line (a shared parking agreement may be required to the satisfaction of the Site Plan Review Committee);

5.

Joint use (shared parking);

6.

Transit/bicycle/pedestrian system improvements;

7.

Adequately monitored on-street parking rates and time restrictions;

8.

Transit passes (provide free or reduced-price transit passes to Micro-Unit residents or employees). An incentive program could be developed for developers, property managers, and employers to substitute a percentage of required parking spaces. A maximum limit will be determined by the Site Plan Review Committee;

9.

Other proposals.

All parking reduction requirements shall be approved at the discretion of the Site Plan Review Committee, which will determine the appropriate level of parking demand reduction generated by proposed strategies on a project-specific basis; however, a TDM program shall not reduce parking to zero.

Bicycle parking shall be provided at a rate of one (1.0) space for every five (5) Micro-Units. Fractions shall be rounded up to whole numbers.

H.

Other provisions. Floor Area Ratio (FAR), Landscaping, Lot Coverage, Setbacks, Height, and any other applicable development standards of the underlying Specific Plan or Planned Development District shall be complied with, unless waived by the Site Plan Review Committee, or relief is granted in the form of bonuses, waivers or incentives, through the applicable density bonus regulations in exchange for required percentages of covenanted, restricted affordable units.

I.

Adaptive Reuse. Adaptive Reuse projects that comply with this Section shall not be subject to any density limitations, unit size, or unit mix requirements of applicable Adaptive Reuse provisions.

J.

Existing Dwelling Units. Projects that propose to convert existing dwelling units into Micro-Units shall be prohibited.

K.

Review process. Site Plan Review shall be required pursuant to Chapter 21.25 of this Title for all Micro-Unit projects. If Micro-Units proposed as part of a Micro-Unit project meet the criteria for a Special Group Residence, as defined by Section 21.15.2810, it shall require a Conditional Use Permit, consistent with applicable PD-30 and SP-1 provisions.

L.

Findings. Findings shall be made in accordance with Section 21.25.506 for approval of a Micro-Unit project.

M.

Sunset. The subject provisions allowing and regulating Micro-Units shall remain in effect until a total of five hundred (500) Micro-Units are entitled. At the point at which projects comprising five hundred (500) MicroUnits are entitled, this Section shall automatically sunset and become null and void unless extended by action of the City Council, after review and recommendation by the Planning Commission.

(ORD-20-0048 § 2, 2020)

The following special development standards shall apply to Adult-use cannabis delivery-only dispensaries:

A.

Building Facades. On any industrial or commercial building or tenant space (existing or new) elevation fronting the street, blanks walls in excess of 20 feet (or as specified within the applicable zoning district, whichever is more stringent) shall be prohibited. Facades visible from the street shall incorporate architectural elements such as building plane breaks, three-dimensional elements, transparent, display, doors, changes in color and materials landscaping that result in a building with articulation.

B.

Window coverage. On any commercial or industrial or tenant space elevation fronting the street, standard windows or display windows shall comprise at least twenty-five percent (25%) of the elevation that encompasses the proposed use. Windows along street-facing frontages shall be transparent. Such glass should be clear with an exterior daylight reflectance of not more than eight percent (8%).

C.

Entrances and Lobbies. Delivery-only dispensaries shall have a main entrance that is clearly visible from the public right-of-way. Entrances shall be clear of blockages, landscaping, and any other obstructions. The main entrance shall lead to a lobby used only to retrieve persons into the site and verify access privilege into restricted areas. Entrances into a building or tenant space on the dispensary site shall be locked at all times. Access into the facility and/or restricted areas shall be controlled by the managers and staff of the delivery-only dispensary.

D.

Distribution Area. Each delivery-only dispensaries shall have a specific area designated for the secure transfer of cannabis products between a vehicle and the restricted area.

E.

Storage. Each delivery-only dispensary shall have adequate storage space for all cannabis products. The storage areas shall be for the sole use of each individual permittee and shall not be shared with another delivery-only permittee. Storage areas shall be separated from main entrances and lobbies and must be secured and accessible only to managers and staff of the delivery-only dispensary.

(ORD-24-0025 § 2, 2024)

CHAPTER 21.47 - DEDICATION, RESERVATION AND IMPROVEMENT OF PUBLIC RIGHTS-OF-WAY

It is the intent of this Chapter to provide for the orderly acquisition and improvement of public rights-of-way for the benefit of the public health, safety and welfare. The provision and improvement of public rights-ofway are necessary requirements of private property owners to ensure that private property development does not adversely impact other public and private facilities and services.

(Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

A.

Dedication—New Development Requiring Site Plan Review. Any residential, commercial, industrial or institutional development which requires site plan review under Section 21.25.502 and which is located on a lot abutting public rights-of-way shall be required to dedicate a portion of that lot for widening of the public rights-of-way to the standards specified in Table 47-1 if positive findings can be made pursuant to Section 21.25.506. The potential right-of-way area shall be dedicated prior to the issuance of a building permit for such proposed new construction.

B.

Reservation—Other Development. Any development which does not require site plan review, where the site abuts a major, secondary or minor highway designated by the Transportation Element of the General Plan, shall be required to reserve a portion of the lot for widening of the highway right-of-way to the standards specified in Table 47-1. No reservation shall be required for alley widening or for widening of abutting streets which are not designated as highways. The City will pay fair market value to purchase the reserved area when the highway is widened.

C.

Width. Table 47-1 establishes the standard right-of-way widths for the various classifications for public rights-of-way. The right-of-way dedication or reservation on an individual lot shall be one-half (½) of the required standard width, measured from the centerline of the street.

1.

Greater Widths. Greater widths may be required as conditions of subdivision maps, site plan review, conditional use permits or standards variances.

Table 47-1

Standard Right-of-Way Widths

Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the Director of Public Works or his designee.

D.

Effect on Required Yard Areas. All required yard areas shall be measured after the dedication or reservation.

E.

Reservation—Permitted Structures. Only the following structures shall be permitted in, over or under reserved areas:

1.

A fence or garden wall as provided in Chapter 21.43;

2.

A planter, porch, patio or deck not more than three feet (3′) in height;

3.

A roof eave, balcony, oriel window or similar projection, provided that projection has a vertical clearance of at least eight feet (8′) between the ground and the lowest point of the structure and such projection does not project more than four feet (4′) beyond the reservation line; and

4.

On-premises and off-premises signs as provided in Chapters 21.44 and 21.54.

F.

Reservation—Nonconformities. Whenever a structure was erected prior to the establishment of a reserved area and projects into that area, it shall be nonconforming to the provisions of this Title, and the provisions of Chapter 21.27 relative to nonconformities shall apply.

(Ord. C-7326 § 27, 1995; Ord. C-6684 § 38, 1990; Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

A.

Applicability. Prior to the issuance of occupancy permits for any new development, a property owner shall make all required improvements and repairs to abutting public rights-of-way. The improvements and repairs shall extend along the width and/or depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building shall also be repaired.

B.

Required Improvements—All Projects. All projects shall be required to provide the following right-of-way improvements as are deemed necessary and applicable by the Director of Public Works:

1.

Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk shall have a minimum clear width of five feet (5′) with a parkway, or six feet (6′) if the sidewalk adjoins the curb;

2.

Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts shall be replaced with a full-height curb and gutter;

3.

Street Trees. As required by Subsection 21.42.060.B.1; and

4.

Bicycle Trail. Construction of bicycle trail as required by the "Bike Route System" adopted by the City Council.

C.

Required Improvements—New Development Requiring Site Plan Review. In addition to the improvements required above, any new residential, commercial, industrial or institutional development which requires site plan review shall provide the following improvements as are deemed necessary and applicable by the Director of Public Works, through the submission of positive findings pursuant to Section 21.25.506.

1.

Alley Paving. Construction, replacement, repair or extension of alley paving up to standard width. The alley shall be paved the length of the site. If vehicle access is taken from the alley, the Director of Public Works may also require that the alley be paved to a point where the alley intersects a paved public right-of-way, and curb returns shall be relocated as necessary.

2.

Alley Lighting. Construct or install on-site alley lighting.

3.

Utilities Relocation. Relocate utilities as necessary to provide for the improvements outlined above.

D.

Required Improvements—Major Projects. In addition to the improvements required in Subsections B and C of Section 21.47.030, major projects shall provide the additional improvements required by this Section as are deemed necessary and applicable by the Director of Public Works. A "major project" is defined to be a

new residential development with twenty-one (21) or more units, and a commercial, industrial or institutional development which requires site plan review.

1.

Roadway Paving. Construction, replacement, repair or extension of roadway paving to standard street width as required in Table 47-1.

2.

Traffic Signals and Street Signs. Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development.

3.

Street Lights. Install or relocate street lights. This may include widening the right-of-way as necessary.

4.

Utilities Relocation. Relocate utilities as necessary to provide for the improvements outlined in paragraphs 1 through 3 above.

E.

Standards. All improvements within public rights-of-way shall be installed in conformance with the specifications on file with the office of the City Engineer.

(Ord. C-7326 § 28, 1995; Ord. C-7032 § 37, 1992; Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

Table 47-2

Summary of Dedication, Reservation and Improvement Requirements for All Development Projects

Relief from the requirements prescribed by this Chapter may be granted through the "Standards Variance" procedure (Division III of Chapter 21.25 of this Title), provided that the Director of Public Works files a request and recommendation with the Zoning Administrator prior to the hearing, and provided that the only finding required to grant relief is that the dedication and/or improvement is not necessary for a public purpose generated at least in part by the development or that the cost of the dedication and/or improvement is proportionally excessive when compared to the scale of the project or demand generated from the project.

(Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

CHAPTER 21.50 - INTERIM PROHIBITION OF USES

A.

The purpose of this Chapter 21.50 is: (1) to define the nature of interim ordinances enacted to avoid development that would negate the impact of planning or zoning studies, or rezoning or regulation amendments relating to such studies, being considered or undertaken at the time of initiation of the interim ordinance; (2) to set forth the procedures under which such interim ordinances may be initiated and enacted; (3) to provide for notification of such enactment; and (4) to provide for termination of such interim ordinances in a timely manner. This Chapter sets forth the exclusive manner and means for enacting interim land use limitations in the City of Long Beach.

B.

As used in this Chapter 21.50, "interim ordinance" means an ordinance enacted pursuant to this Chapter as an emergency ordinance in the sense of Section 211 of the Charter of the City of Long Beach for the purpose of prohibiting or restricting certain land uses or the application of certain developmental standards and entitlements pending the completion of planning or zoning studies, rezonings or amendments to the zoning regulations as set forth in this Chapter.

C.

It is the intent of the City Council in enacting this Chapter that only prohibitory ordinances should be enacted and that the authority granted herein should not be utilized for affirmative/expansive zoning or planning provisions or for the purpose of giving immediate effect, outside regular procedures, to normal rezoning or zoning regulation amendments.

(Ord. C-7247 § 35 (part), 1994)

A.

All interim ordinances pursuant to this Chapter may be enacted if and only if conditions are found by the City Council to exist at the time of adoption as follows:

1.

Existing zoning permits one (1) or more uses or development standards which are or may be in conflict with a contemplated general plan, specific plan or zoning proposal that the City Council, Planning Commission or Planning staff is considering or studying; or

2.

The City Council, Planning Commission or Planning Department has formally initiated such a study which it intends to complete within a reasonable time; or

3.

A rezoning or Zoning Regulation amendment has been formally initiated which, if enacted, will be in conflict with existing zoning or regulations; and

4.

The City Council has specifically identified the precise nature of the proposed study, rezoning or Zoning Regulation amendment and the geographic area or areas which will be or may be affected by the study, rezoning or amendment.

5.

Where any interim ordinance enacted or amended would take effect in the Coastal Zone, the City Council has made findings as required by Section 21.50.050.

B.

Method of Initiation. The City Council may initiate all interim ordinances presented to this Chapter by:

1.

Adopting a minute order pursuant to agenda request to: (a) initiate a rezoning, Zoning Regulation or General Plan amendment, specifying the precise nature, location and impact of the rezoning or amendment; and (b) requesting the City Attorney, in cooperation with the Department of Planning and Building, to prepare an interim zoning ordinance pursuant to this Chapter 21.50 for notice and placement on the City Council agenda for hearing at its third meeting next following such adoption;

2.

At the third City Council meeting following said action, the City Council shall, after hearing, consider adoption of the ordinance so prepared, which ordinance shall include an estimate of the time needed to

complete the processing of the rezoning or amendment and any necessary studies undertaken relating to those actions. The City Clerk shall immediately notify the Director of Planning and Building of the action taken at such meeting;

3.

During the period between initiation of an action pursuant to this Section and the adoption or rejection of an ordinance pursuant to Subsection 21.50.020.B.2, no application shall be accepted for, nor shall any permit or other entitlement for use of any kind be issued for, any project or proposed use inconsistent or in conflict with the initiated action. Any application accepted contrary to the provisions of this Section shall be returned, with refunded filing fee, to the applicant upon discovery of the mistaken acceptance.

(Ord. C-7319 § 2, 1995; Ord. C-7247 § 35 (part), 1994)

21.50.030 - Notification of action.

A.

Immediately following adoption of a minute order as set forth in Subsection 21.50.020.B.1, the City Clerk shall immediately so notify the Director of Planning and Building who shall mail notice of such action to every applicant for a building permit then on file with and pending before the Department of Planning and Building that is or might be affected by such action or the ordinance to be considered pursuant to it.

B.

The notice shall set forth in full the motion and minute order so adopted and shall indicate, in bold-faced type, that the action and any interim zoning ordinance subsequently adopted may affect pending applications.

C.

The failure of any person to receive notification pursuant to this Section 21.50.030 shall not be construed to void or nullify the effect of any action taken pursuant to this Chapter.

(Ord. C-7247 § 35 (part), 1994)

A.

Notwithstanding any other provision of this Title 21, including, but not limited to, Section 21.10.060, and subject to the requirements of Sections 21.50.020 and 21.50.030, and following notice pursuant to Section 65090 of the California Government Code and public hearing, but without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the legislative body, to protect the public safety, health and welfare, may adopt as an emergency ordinance in the sense of Section 211 of the Long Beach City Charter an interim ordinance prohibiting any uses or development standards which may be in conflict with a contemplated general plan, specific plan, rezoning or Zoning Regulation amendment or proposal which the legislative body, Planning Commission, or the Planning Department is considering or studying or intends to study within a reasonable time.

B.

The interim ordinance shall be of no further force and effect one (1) year from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may, by emergency ordinance, extend the interim ordinance for one (1) year.

C.

When any interim ordinance has been adopted pursuant to this Section, every subsequent ordinance adopted pursuant to this Section, covering the whole or a part of the same property and imposing the same or similar interim restrictions, shall automatically terminate and be of no further force or effect upon the termination of the first such ordinance or any extension of the ordinance as provided in this Section.

(Ord. C-7247 § 35 (part), 1994)

Any interim ordinance enacted or amended pursuant to this Chapter 21.50 may only take effect in the coastal zone without prior Coastal Commission review and approval where such an ordinance is not in conflict with the California Coastal Act and the City Council so finds at the time of adoption of the ordinance or amendment of the ordinance. In all other instances, including ordinances which propose to selectively prohibit either certain types of uses or uses in portions of the coastal zone while authorizing approval of other uses, or ordinances which propose to selectively prohibit the application of certain development standards in any or all portions of the coastal zone, the City may not prohibit the uses or development standards identified in the local coastal program within the coastal zone until the ordinance is submitted to the Coastal Commission and approved pursuant to California Public Resources Code, Section 30514.

(Ord. C-7319 § 1, 1995: Ord. C-7247 § 35 (part), 1994)

CHAPTER 21.51 - ACCESSORY USES

The uses listed in Chapters 21.31 through 21.36 as accessory uses (A) are permitted subject to the development standards for the zone in which the use is located and subject to additional conditions and specifications outlined in this Chapter. If no special conditions are prescribed in this Chapter or in Chapters 21.31 through 21.36, then the use need conform only to the development standards for the zone in which it is located.

(Ord. C-6533 § 1 (part), 1988)

DIVISION I. - USE RESTRICTIONS

The following are not considered accessory uses:

A.

Additional Dwelling Units. Any use which increases the number of dwelling units in any building or on any lot beyond that permitted in the district, except for accessory dwelling units as described in Section 21.51.276.

B.

Alcoholic Beverage Sales. The sale of alcoholic beverages, whether on or off-site, shall not be considered an accessory use to any use, except department stores and florists, regardless of traditional associations or limited proportion of sales. Alcoholic beverage sales shall always be considered a principal use;

C.

Gun Repairs and/or Sales. Gun repairs and sales are separate principal uses and shall not be considered accessory uses to any use; or

D.

Storage of Inoperative, Dismantled or Wrecked Vehicles in Residential Districts. The storage of more than two (2) inoperative, dismantled or wrecked vehicles shall not be considered an accessory residential land use and shall be prohibited in all residential districts.

(ORD-17-0031 § 10, 2017; Ord. C-7776 § 12, 2001; Ord. C-7047 § 24, 1992; Ord. C-6533 § 1 (part), 1988)

DIVISION II. - USE CONDITIONS

The following conditions and specifications shall apply to the specified accessory uses in all zone districts.

(Ord. C-6533 § 1 (part), 1988)

21.51.203 - Active senior citizen housing.

The following conditions shall apply to housing for active senior citizens:

A.

Density shall be limited to that of the R-4-N zoning district at the applicable lot width.

B.

The parking shall be provided as designated in Table 41-1A.

C.

The use shall not abut or adjoin an automobile service or repair use.

D.

The use shall comply with all applicable development standards of the R-4-N zone except for height and setbacks which shall comply with the standards of the district in which the use is located.

(Ord. C-6895 § 31, 1991)

A.

Locations Prohibited. Amusement machines shall not be permitted at locations licensed for the off-site consumption sale of general alcoholic beverages where such machines are located within sixty feet (60′) of the display of such alcoholic beverages.

B.

Restrictions. The following restrictions shall apply to the operation of amusement machines and electronic video games. However, the restrictions shall not apply to jukeboxes, musical apparatuses, baseball batting cages, tennis practice cages, amusement rides, ping pong tables or similar uses.

1.

No more than four (4) amusement machines or video games shall be established at any one (1) site where such machines are permitted as accessory uses.

2.

Persons owning, controlling or managing any amusement machine or video game shall not permit any person under the age of eighteen (18) to operate any such machine between six a.m. and three p.m., Monday through Friday, from September 10 through June 20, except national holidays. Such limitations shall be clearly posted by July 1, 1989, on a sign provided by the Department of Planning and Building, in a location clearly visible to anyone attempting to play any amusement machine or video game.

3.

Amusement machines or video games of an adult nature, as defined in Chapter 21.15 (Definitions) shall not be allowed as an accessory use unless the locational restrictions of Section 21.45.110 (Special Development Standards—Adult Entertainment) are complied with.

4.

All uses with amusement machines or video games, in excess of those allowed above shall remove such amusement machines or video games within ninety (90) days of notification that the video games are nonconforming to these provisions.

(Ord. C-6595 § 14, 1989: Ord. C-6533 § 1 (part), 1988)

The keeping of household pets shall be subject to the following limitations:

A.

Number. A total of not more than four (4) weaned household pets may be kept at one (1) site, unless any of the weaned pets are dogs bred pursuant to a permit issued under Section 6.16.190 of this code, in which case all such weaned dogs may be kept at one (1) site until such dogs have reached the age of four (4) months. This limitation shall not apply to fish, rodents (other than rabbits), or caged birds (provided the birds are not allowed to fly free and are maintained in accordance with all applicable health regulations).

B.

Maintenance. Household pets shall be kept in a manner which does not damage or pose hazards to people or property and which does not generate offensive dust, odors or noise.

C.

Horses. Horses may be kept subject to the provisions of Chapter 21.38 (Horse Overlay District).

D.

Other Animals. Dangerous or wild animals as defined in Section 6.16.030 of the Municipal Code shall not be kept in any residential zone.

(ORD-06-0012 § 5, 2006; Ord. C-7780 § 2, 2001; Ord. C-6533 § 1 (part), 1988)

A restaurant banquet room may be rented for private functions, provided a portion of the restaurant remains open to the public.

(Ord. C-7247 § 33 (part), 1994)

Caretaker's or nightwatchman's residences are permitted accessory uses only if used in direct conjunction with a permitted nonresidential use.

(Ord. C-6533 § 1 (part), 1988)

Catering which involves food preparation shall be permitted as an accessory use only to an existing restaurant. If a catering business does not involve food preparation but instead involves only party planning and counseling, it shall be considered an office use.

(Ord. C-6533 § 1 (part), 1988)

21.51.225.5 - Commissary to accessory to restaurant.

A restaurant kitchen may be used as a commissary provided that:

A.

The restaurant maintains an active business license to serve food to the public; and

B.

The restaurant use shall be maintained as the principal use.

(ORD-26-0012 § 12, 2026)

21.51.226 - Computer cafe.

The following conditions shall apply to computer, cyber, or internet cafes:

A.

Computer games of an adult nature depicting "specified anatomical areas" or "specified sexual activities", as these terms are defined in Chapter 21.15 (Definitions), shall not be installed on computer terminals or played by customers unless the locational restrictions of Section 21.45.110 (Special development standards - adult entertainment) are complied with; and

B.

If access to adult oriented web sites is allowed, a separate area, up to a maximum of twenty percent (20%) of computer terminals available for public rental, shall be set aside for adult viewing with the computers clearly marked as such and screened from view by minors. All other machines shall be marked prohibiting adult viewing.

(Ord. C-7961 § 3, 2004)

21.51.227 - Home automobile repair.

Home automobile and motorcycle repair is an allowed accessory use in all residential districts provided:

A.

Ownership. The automobiles or motorcycles repaired shall be limited to vehicles owned by the residents of the property, and shall be registered and licensed;

B.

Public Right-of-Way. No automobiles or motorcycles shall be repaired on the public right-of-way;

C.

Inoperable Vehicles. Neither inoperable automobiles or motorcycles shall be left overnight in a location that blocks access to required parking spaces;

D.

Paved Area Required. Neither automobiles nor motorcycles shall be repaired on unpaved areas;

E.

Extent of Repair. The automobile or motorcycle repair work shall be limited to minor repair (see Section 21.15.290);

F.

Noise. Neither automobile nor motorcycle repair activities shall violate the City noise ordinance, Chapter 8.80 of the Municipal Code;

G.

Hours. Neither automobile nor motorcycle repair activities shall be conducted between ten (10:00) p.m. and seven (7:00) a.m.;

H.

Wrecked or Disassembled Vehicles. Neither wrecked nor disassembled automobiles or motorcycles shall be parked overnight on a residential property outside of a garage;

I.

Trucks. Neither trucks nor related vehicles in excess of three-fourths (¾) ton carrying capacity shall be repaired at a residence.

(Ord. C-7032 § 49, 1992)

21.51.230 - Childcare—Small and large family daycare homes.

Small family daycare homes are an allowed accessory use. Large family daycare homes are an allowed accessory use, provided:

A.

The prime daycare provider shall reside in the residence;

B.

The daycare provider shall obtain the required State licenses;

C.

No sign shall be displayed other than those signs allowed for all residences as provided in Subsection 21.44.230.B and Table 44-2;

D.

All required parking for the residential use shall be maintained as required for all residents in Sections 21.27.090 and 21.41.170; and

E.

The use shall comply with all City noise regulations (Chapter 8.80).

Neither small nor large family daycare homes are home occupations regulated by Section 21.51.235.

(Ord. C-7032 § 37, 1992; Ord. C-6533 § 1 (part), 1988)

A.

Intent. A home occupation is intended for home enterprises that are incidental to the use of the dwelling unit and does not change the principal character or use of the dwelling. The home occupation shall be compatible with surrounding residential uses and not have characteristics associated with the use that would reduce the surrounding residents' enjoyment of their neighborhood. As an ancillary activity to those uses permitted in the applicable residential zone in which the subject site is located, the following homebased businesses may be conducted at the site:

1.

Professional Office Uses. A professional office use is a business whose principal product is information, management or design, including but not limited to, accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, consulting, direct sales (incl. internet sales), credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. A professional office use does not include research requiring the use of hazardous materials and equipment;

2.

Instructional Services Uses. An instructional services use is a business whose principal purpose is to provide cognitive instruction or training, including but not limited to, academic tutoring, musical instrument lessons, dance lessons, sports training, or other similar physical performance training. The maximum number of students at any one time shall be limited to six (6);

3.

Home Craft Uses. A home craft use is a business that results in a tangible product including but not limited to, dressmaking, furniture making, toy making and doll making. Additional uses include artistic products such as sculpting, painting, photography and other similar forms of creative works when such works are produced with the intent of gain or benefit for the participant or another person. Conducting a home craft use does not entitle the owner to sell articles manufactured on-site or in a residential zone.

4.

Cottage Food Operations. A cottage food operation is an enterprise at a private home where low-risk food products are prepared or packaged for sale to consumers. A cottage food operation is subject to all State of California Health and Safety Code regulations (Cal. Gov't Code §51035: cottage food operations).

Microenterprise Home Kitchen Operation (MEHKO). A Microenterprise Home Kitchen Operation (MEHKO) is an enterprise at a private home where food products are prepared, served, or packaged for sale to consumers. A MEHKO is subject to all State of California Health and Safety Code regulations (California Health and Safety Code §113825).

B.

Requirements. The following standards shall be complied with at all times:

A home occupation shall only be issued when all of the following requirements are met and maintained:

1.

No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation, and the number of residents engaged or employed in the home occupation shall not exceed two (2). A Microenterprise Home Kitchen Operation (MEHKO) is not subject to the employment limitations outlined in this section. Pursuant to California Health and Safety Code §113825, a MEHKO is limited to one full-time employee (up to 40 hours a week) or multiple employees whose total working hours combined do not exceed 40 hours per week (this does not include a family or household member);

2.

No sign shall be displayed in a manner visible from the outside of the dwelling unit. Vehicles with signs identifying the home occupation shall be parked so that they cannot be seen from the public right-of-way;

3.

No mechanical equipment shall be used except that which is necessarily, customarily, or ordinarily used for household or leisure purposes. Such equipment shall not generate noise higher than the noise standards established for the residential uses;

4.

No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials shall be used or stored on the site;

5.

There shall be no outside operations, storage or display of materials or projects;

6.

Total storage of materials or products used in the business shall not exceed one hundred twenty-eight (128) cubic feet. There shall be no excessive or unsightly storage of materials or supplies for purposes other than those permitted in the residential district in which it is located. A garage may not be used for operations of the business or storage of materials used in the business and must be maintained for parking of automobiles and similar type vehicles;

The residential appearance of the premises shall not be altered. Creation of a separate entrance to the dwelling or use of an existing entrance exclusively for the business shall not be permitted;

8.

No process shall be used which is hazardous to public health, safety or welfare;

9.

Visitors, customers or deliveries to the dwelling shall not exceed that which normally and reasonably occurs for a residence. Visitors and deliveries shall be limited to not more than two (2) business visitors an hour and eight (8) visitors a day, and not more than two (2) deliveries of products or materials a week. A Microenterprise Home Kitchen Operation (MEHKO) is not subject to the visitor limitations outlined in this section. Pursuant to the regulations found in California Health and Safety Code §113825, a MEHKO is permitted to serve up to 30 meals a day and up to 90 meals a week in a dine-in, delivery or pick-up configuration;

10.

The home occupation shall not displace or block the use of parking spaces required for the residential use including any business storage in required garage parking areas;

11.

No advertisement shall be placed in any media containing the address of the property;

12.

Not more than two (2) vehicles shall be used in the business. Only one (1) vehicle may be commercially licensed;

13.

When the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location;

14.

The home occupation approval shall be valid only for the person to whom it was issued and shall be void when that person moves from the dwelling unit or discontinues the business.

C.

Prohibited Home Occupation Uses. The following uses shall be prohibited as home occupations.

1.

Ambulance service;

Appliance repair;

3.

Automobile repair, parts, sales, upholstery, detailing, washing, service;

4.

Beauty salons and barber shops;

5.

Boardinghouse, bed and breakfast, hotel, time-share unit;

6.

Carpentry, cabinet makers;

7.

Ceramics (kiln or six (6) cubic feet or more);

8.

Churches, religious instruction;

9.

Contractor storage yards;

10.

Food preparation (except cottage food operations [Cal. Gov't Code §51035; cottage food operations] and Microenterprise Home Kitchen Operations [MEHKOs] [California Health and Safety Code §113825]);

11.

Gun sales (including internet) and repair;

12.

Health clubs, gyms, dance studios, aerobic studios, massage;

13.

Limousine or pedicab service;

14.

Medical or dental office;

Mortician, hearse service;

Palm reading, fortunetelling;

Private clubs;

Religious services;

Restaurants, taverns;

20.

Retail sales from site (except direct distribution and internet);

Skin care services;

Tow truck service;

Welding or machine operation;

Upholstery;

Veterinary uses (including care, grooming or boarding);

26.

Any use that requires the use of toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials;

27.

Any use that is hazardous to public health, safety or welfare;

Any use that changes the residential characteristic of the residence;

29.

Other uses the Planning Administrator determines to be similar to those listed above, or which by their operation or nature are not incidental to or compatible with residential activities.

D.

Any home occupation which becomes a nonconforming use as a result of revisions to applicable provisions of this Title shall either:

1.

Be brought into legal conforming status; or

2.

Be discontinued and removed within three (3) months of becoming a nonconforming use.

(ORD-26-0009 § 6, 2026)

Editor's note— Section 2 of ORD-12-0011, adopted June 12, 2012 deleted Table 51-2, Home Occupation Uses, in its entirety, which derived from: Ord. C-7607, § 14, 1999; and ORD-06-0044, § 1, 2006.

A.

Live nude art drawing, or painting and/or classes offering such activity is allowed as an accessory use to a duly licensed art studio or art gallery provided:

1.

Such activity shall not take place at a location that has been licensed by the City as an adult entertainment business.

2.

No alcohol shall be consumed, sold, served or otherwise dispensed during live nude art drawing or painting classes.

B.

The subject matter of this Section shall be reviewed by the Planning Commission five (5) years after the date of enactment.

(Ord. C-7961 § 4, 2004)

A.

The manufacturing of products to be sold on-site in commercial zoning districts shall be clearly accessory to the retail use of the site.

B.

No wholesale sales shall occur on the site.

C.

Noise levels shall not exceed the City noise regulations set forth in Chapter 8.80 (Noise) of the Municipal Code.

D.

The manufacturing process shall not produce pungent or disturbing odors other than those which might originate from a restaurant, retail bakery or similar use; noxious or disturbing air pollutants including smoke and dust; or electromagnetic disturbances.

(Ord. C-6533 § 1 (part), 1988)

Editor's note— ORD-18-0018 § 10, adopted July 10, 2018, repealed § 21.51.243 entitled "Massage therapy," which derived from: Ord. C-6895 § 24, 1991; and Ord. C-6595 § 27, 1989.

21.51.255 - Outdoor display for sale of flowers, plants, fruits, and vegetables.

A.

The outdoor display for sale of flowers, plants, fruits and vegetables shall occur only in conjunction with the sale of the same or related products in a retail store.

B.

The display shall not obstruct pedestrian access and shall not occupy any required parking spaces.

(Ord. C-6533 § 1 (part), 1988)

A.

A pool table is a permitted accessory use only in restaurants, taverns, private clubs and other commercial entertainment uses. It shall not be considered an accessory use in fast-food restaurants.

B.

No more than three (3) pool tables shall be permitted in any one (1) use listed above.

(Ord. C-6533 § 1 (part), 1988)

Recycling containers shall be permitted as an accessory use to a grocery store. Such containers shall not obstruct pedestrian paths and shall not be located within required parking or landscape areas.

(Ord. C-6533 § 1 (part), 1988)

The conditions listed below shall apply to all room rentals. Any room rental use not conforming to these conditions shall be considered a boardinghouse, lodging house, hotel or motel, as applicable, and shall be subject to the requirements for that use.

A.

The owner of the dwelling unit must live in the unit.

B.

The rented room shall not contain more than three (3) plumbing facilities nor a kitchen. Such room shall not contain laundry facilities, a water heater or a wetbar-type sink.

C.

The rented room shall not contain an independent exterior entrance.

D.

The rented room may not be detached from the principal dwelling unit.

E.

Not more than two (2) rooms shall be rented in a single dwelling unit.

(Ord. C-6533 § 1 (part), 1988)

Editor's note— Section 4 of ORD-19-0008 adopted Apr. 23, 2019, repealed § 21.51.275 entitled "Secondary housing units ("granny flats")," which derived from: ORD-17-0031 § 11, 2017; and Ord. C-6533 § 1 (part), 1988.

An accessory dwelling unit ("ADU") is an allowed accessory use on a lot having only one detached single family dwelling (a "primary dwelling") and no other principal uses, or principal buildings or structures. An accessory dwelling unit shall have the provisions described in the definition of ADU (Section 21.15.045 - Accessory Dwelling Unit). Permits for ADUs shall be considered ministerially, without discretionary review or a hearing, with the exception of projects falling under the categories listed in Sections 21.25.903.A and

21.25.903.B. Applications for ADUs in the Coastal Zone that are exempt from the coastal development permit requirement shall be processed according to Section 21.25.906. The Director of Development Services shall approve or deny an application for an ADU within one hundred twenty (120) days after receiving said application. Coastal development permits shall be processed according to 21.25.904. ADUs are subject to the following regulations:

A.

Locations Allowed and Prohibited. Accessory dwelling units shall be allowed in the following locations, except that ADUs shall be prohibited unless fully conforming to the requirements of this Section:

1.

The zoning districts in Table 31-1 where indicated as an allowable accessory use;

2.

A Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows residential use at single-family density, subject to the additional restrictions provided in this Section. The Zoning Administrator is authorized to determine if a PD or SP, or subarea thereof, allows for development of an ADU.

B.

Categories of Accessory Dwelling Units. The City hereby provides for the permitting of two categories of accessory dwelling units, as follows:

1.

Limited ADU. A Limited ADU is located in one of the zoning districts in Table 31-1 in which a Limited ADU is indicated as an allowable accessory use, or is located in a Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows single-family but not multi-family residential use. A Limited ADU is created solely from the existing floor area of the primary dwelling or an accessory structure. No addition of floor area or expansion of building footprint is allowed when creating a Limited ADU. A Limited ADU is exempt from certain development standards, as provided by this Section; however, any future addition of floor area to a Limited ADU shall require compliance with the provisions of this Section for a Conforming ADU.

2.

Conforming ADU. A Conforming ADU is located in one of the zoning districts in Table 31-1 in which a Conforming ADU is indicated as an allowable accessory use, or is located in a Planned Development District (PD) or Specific Plan (SP), or subarea thereof, that allows single-family residential use.

a.

A Conforming ADU meets one of the following conditions:

i.

Construction of new floor area is proposed to create or expand the ADU; or

ii.

The lot is located in a permitted residential zoning district other than a single-family residential district, whether or not construction of new floor area is proposed.

b.

For a lot where an additional principal dwelling is allowed, a Conforming ADU is not permitted, except that a Conforming ADU may be created through conversion of the floor area of an existing attached or detached accessory structure, which may not be expanded, and such a Conforming ADU may not be created or converted from new or existing floor area of the primary dwelling.

C.

Density. Accessory dwelling units developed pursuant to the requirements of this Section shall not be considered to cause the lot upon which the ADU is located to exceed the allowable density permitted for the lot. For lots not located in a single-family residential zoning district, addition of another principal dwelling unit to a lot is not permitted as long as an ADU is present.

D.

Development Standards. An accessory dwelling unit shall conform to all development standards of the zone in which the property is located, including but not limited to, parking, height limits, setbacks, projections, lot coverage, landscape, open space, and floor area ratio (FAR), except as specifically provided by this Section, and shall be subject to the following standards, and the provisions of Tables 51.276-1 and 51.276-2:

1.

Nonconforming Setbacks. An ADU may be located within an existing, permitted structure with nonconforming setbacks, provided that any new construction of floor area complies with the applicable setback standards. Conversion of an existing detached accessory structure with non-conforming setbacks may include a second floor, provided that any new construction complies with the applicable setback standards and the policies of the City of Long Beach Certified Local Coastal Program (LCP).

2.

Relationship to Other Accessory structures. The gross floor area of an ADU shall not be counted toward the allowable size of accessory structures specified in Section 21.31.245.

3.

Architecture, Design, and Site Planning. An ADU shall be subject to the following criteria for architecture, design, and site planning compatibility:

a.

Exterior modifications to a primary dwelling or accessory building, as well as the construction of a new attached ADU, shall be architecturally compatible with the primary dwelling, including the use of complimentary color palettes, exterior finishes, roof pitch, and other design standards as set forth in Chapter 21.31.

b.

Any garage door(s) shall be removed from a garage or other accessory structure that is converted to an ADU, and the opening shall be treated and finished to match the building per Subsection 21.51.276.D.3.a.

c.

Any window, door, or deck of a second story ADU shall utilize techniques to lessen views onto adjacent residential lots to preserve a reasonable level of privacy of adjacent residents. These techniques may include facing a unit entrance away from an interior property line, use of obscured glazing, window placement above eye level, or screening between properties.

d.

A second story ADU shall be designed to preserve public views of the beach, bay, ocean, or tidelands from public areas in the coastal zone. Techniques, including siting decks to maximize public views of the ocean and using visually permeable guardrails, may be utilized.

e.

Where a driveway abuts an ADU, a landscape area with a depth between eighteen (18) to thirty-six (36) inches shall be provided for the entire width of the driveway, provided that:

i.

The landscape area does not reduce the driveway length below the minimum required in this Section when it serves as the required parking; and

ii.

Existing pedestrian paths and entrances to the ADU and primary dwelling are not negatively impacted, or can feasibly be relocated.

Table 51.276-1

Accessory Dwelling Unit Development Standards

Abbreviations:

ft. = feet

sq. ft. = square feet

N/A = not applicable

GFA = Gross Floor Area, as defined in Section 21.15.1070

Notes:

(a)

See Section 21.51.276.D.1 for existing legal nonconforming setbacks.

(b)

The rear setback shall be measured to the centerline of the abutting alley, where such exists.

(c)

For reverse corner lots, the rear yard setback shall be the same as the side yard setback.

(d)

For sites in PD-11 (Rancho Estates Planned Development District), height is limited to 13 ft., 1 story.

(e)

For a lot where an additional principal dwelling unit is allowed, a Conforming ADU is not permitted, except as provided in Section 21.51.276.B.2.b.

(f)

The accessory dwelling unit's gross floor area shall be calculated in accordance with Section 21.15.1070, and shall be counted toward lot coverage and floor area ratio, and against usable open space.

(g)

Percent of lot area per ADU, to be provided as private or common open space. Usable open space standards of Section 21.31.230 shall apply.

(h)

The open space required for the ADU is in addition to the open space required by Table 31-2A for the primary dwelling.

(i)

For a Conforming ADU, if the existing usable open space provided for the primary dwelling is nonconforming, additional usable open space shall be provided for the primary dwelling to conform with the open space requirements of Section 21.31.230 and Table 31-2A.

(j)

For a site with a primary dwelling of less than 1,280 sq. ft., an ADU up to 640 sq. ft. is permitted.

(k)

The minimum unit size requirements do not establish any exceptions to the maximum unit size allowed.

(l)

The development standards included in the table do not apply in the coastal zone.

Table 51.276-2

Required Parking for Limited and Conforming Accessory Dwelling Units and Primary Dwellings

Notes:

(a)

The parking required for an ADU is in addition to that required for the primary dwelling.

(b)

An ADU shall be exempt from the parking requirements if any of the following criteria are met:

i.

The ADU is located within one-half (½) mile of public transit.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an existing accessory structure.

iv.

When there is a car share vehicle located within one block of the ADU.

E.

Other Provisions.

1.

Owner Occupants, Sales, Rentals, and Covenants. The following requirements shall apply to all accessory dwelling units:

a.

The owner of the property shall reside either in the primary dwelling or the accessory dwelling unit, unless both the primary dwelling unit and the accessory dwelling unit are rented to the same tenant and such tenant is prohibited in writing by lease or other written instrument from subleasing or otherwise renting the primary dwelling unit or ADU to any other person or entity.

b.

The accessory dwelling unit shall not be sold separately from the primary dwelling.

c.

All required on-site parking for the property shall remain available for the residents of the primary dwelling and accessory dwelling unit, and shall not be allocated to or used by any other person or entity, as required by Section 21.41.209.

d.

The accessory dwelling unit or the primary dwelling may be rented. All rentals shall be for terms of longer than thirty (30) days.

e.

The accessory dwelling unit shall be removed at the expense of the property owner upon violation of Section 21.51.276, or upon cessation of the primary land use as a single-family dwelling, including, but not limited to, addition of another principal dwelling unit, or upon a request by any government agency to remove or vacate the structure due to coastal hazards.

f.

Prior to the issuance of a building permit for the ADU, the owner/applicant shall record a deed restriction in a form approved by the City that restricts the size and attributes of the ADU consistent with this Section, and requires the above restrictions.

2.

Construction of ADU with New or Rebuilt Primary Dwelling. Construction of an ADU in conjunction with construction of a new primary dwelling (including situations in which the primary dwelling is demolished or rebuilt as defined in this Title) is permitted, subject to the applicable provisions of this Section and all other applicable laws, codes, and regulations. When the primary dwelling is demolished or rebuilt, any nonconformities in any existing accessory structures shall be corrected prior to the creation of an ADU on the property.

3.

Rebuilding of Existing Accessory Structure for Conversion. An existing garage or other accessory structure that is converted to an ADU, or above which a new ADU is constructed, may be rebuilt as necessary to comply with building, fire, and other life safety codes without loss of rights to nonconforming setbacks.

4.

Conversion of Nonconforming Second Dwelling Unit to ADU. A nonconforming dwelling unit on a property with no more than two existing dwelling units may be converted to a Conforming ADU, subject to the provisions of this Section and the following:

a.

The converted unit may be exempt from the maximum ADU size limits, provided that:

i.

The unit to be converted to an ADU has a floor area less than the other dwelling unit, which shall become the primary dwelling; and

ii.

The unit to be converted to an ADU is not larger than 1,200 sq. ft.

b.

The property shall be located in a single-family zoning district, or shall be located in an R-2, R-3, or R-4 zoning district and shall have insufficient lot size for more than one dwelling to be permitted per Tables 312A or 31-2B; and

c.

Any existing parking (whether garage, carport, or open) for both units shall be retained, and may be rebuilt and reconfigured as necessary to comply with building codes, and may be modified to be made more conforming to the requirements of the Zoning Regulations.

5.

Nonconformity with Loss of Primary Dwelling. In the event that the primary dwelling is destroyed, abandoned, demolished, or otherwise lost, the accessory dwelling unit shall become a nonconforming use, subject to the provisions of Chapter 21.27 (Nonconformities), and shall not be expanded. This nonconformity may be remedied by the re-establishment of a primary dwelling on the property; or by conversion of the ADU to a primary dwelling, subject to all applicable codes, laws, and regulations for a primary dwelling.

6.

Unpermitted Structures. Any structure that is described by Section 21.27.030 shall not be converted or otherwise used in the creation or expansion of an accessory dwelling unit if it cannot first be brought into legal conforming status under the provisions of this Title.

F.

Severability Clause. If any provision, clause or section of this Ordinance 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 any other provision, clause, or section, or application, and to this end the provisions, clauses and sections of this Ordinance are declared to be severable.

If any provision, clause or section of this Ordinance 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 any other provision, clause, or section, or application, and to this end the provisions, clauses and sections of this Ordinance are declared to be severable.

(ORD-21-0028 § 7, 2021; ORD-19-0028 § 22, 2019; ORD-19-0008 § 3, 2019; ORD-17-0031 § 20, 2017)

21.51.278 - Safe parking site.

See Special Development Standards 21.45.163 for Safe Parking Sites.

(ORD-20-0026 § 20, 2020)

A shoe-shine parlor is permitted as an accessory use to an existing commercial use on the same site. Shoe-shine parlors shall be located only inside buildings.

(Ord. C-6533 § 1 (part), 1988)

21.51.285 - Solar collectors.

Solar energy collectors are permitted as accessory uses in all districts.

(Ord. C-6533 § 1 (part), 1988)

Materials clearly related to the principal use may be stored indoors on-site subject to the following conditions:

A.

All materials shall be stored in a fully enclosed building, unless otherwise specified by this Title.

B.

Only inventories, supplies and equipment necessary to support the principal use shall be stored.

C.

For an existing residence, chattels may be stored on the property subject to the following conditions:

1.

The storage complies to the provisions of Section 8.76.010 (Property maintenance);

2.

The storage shall not be utilized for a commercial purpose; and

3.

Chattels shall not be stored on top of any vehicle in areas visible to the public rights-of-way.

(Ord. C-6533 § 1 (part), 1988)

Towing shall be allowed as an accessory use to minor and general auto repair uses upon the following conditions:

A.

No vehicles are towed to the site which are not intended to be repaired on the site;

B.

No vehicles are impounded on the site; and

C.

Approval for the towing service is granted by the Police Department.

(Ord. C-7032 § 50, 1992)

An Unattended Donation Box (UDB) is permitted only as an accessory use to an existing nonresidential activity on the same site provided it meets the following standards:

A.

Permit Required.

1.

An UDB permit is required for an unattended donation box (UDB). A permit is not required for UDBs that are enclosed within a principal building or are accessory to a principal activity on a property owned or leased by the box operator. However, all UDBs shall meet all other requirements of Chapter 21.51.294.

2.

The UDB permit shall require the property owner's approval.

3.

The UDB permit applicant shall be the UDB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity.

4.

The UDB permit applicant shall have an active City Business License.

B.

Location.

1.

An UDB shall not be located on a vacant lot.

2.

No UDB shall be located within one thousand feet (1,000') from any other UDB.

3.

A development site located on one (1) or more lot shall be limited to one (1) UDB on the site.

4.

No UDB shall be located within required areas of landscaping, parking spaces, drive aisles, walkways, handicapped accessibility routes, building ingress and egress, easements, trash enclosures or waste disposal areas or the public right-of-way.

5.

UDBs shall have a minimum setback of twenty (20) feet from the public right-of-way and five feet (5') from any property line, or meet the setback requirements of the underlying zone, whichever is greater.

6.

The donation/collection area shall have a clear line of site from the principal building located on the property or the public right-of-way.

7.

UDBs shall be located within ten feet (10') of a dusk to dawn photocell-controlled light source of at least one foot (1') candle. If security is determined to be an issue, a greater foot candle may be utilized, provided lights are directed and shielded to prevent light and glare from intruding onto adjacent sites.

C.

Standards.

1.

UDBs shall be constructed of durable and waterproof materials.

2.

UDBs shall be placed on a paved surface.

3.

Maximum height is six feet (6').

4.

Maximum floor area is twenty-five square feet (25 sq. ft.) (25 x 6 = 150 cubic feet).

5.

UDBs shall have a tamper-resistant locking mechanism for all collection openings.

D.

Signage.

1.

UDBs shall have contact information, including the name, address, email and phone number of both the operator and parcel owner/owner agent, posted on the box in a conspicuous location.

2.

UDBs shall identify the type of material that may be deposited and a pick-up schedule shall be posted on the box.

3.

If applicable, the UDB shall identify the charitable cause that will benefit from the donations and the Federal Tax identification number of the nonprofit organization.

4.

The property containing the UDB shall display a sign not to exceed ten square feet (10 sq. ft.) with text in at least two-inch (2") typeface stating that no material shall be left outside of the UDB. This sign shall be placed in a visually conspicuous location within a radius of twenty feet (20') from the UDB.

E.

Maintenance.

1.

The site shall be maintained to be free of blight, including but not limited to donation/collection overflow, litter, debris and dumped material.

2.

The UDB shall be maintained, free of damage, holes, rust, graffiti and be in good working order.

3.

The UDB shall be serviced per a schedule posted on the UDB. This servicing shall include the removal of donated/collected material and abatement of any blight. Additional pick-ups may be required if overflow or blight conditions are found to exist.

4.

Hours of servicing UDBs shall be between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between 10:00 a.m. and 6:00 p.m. on weekends.

5.

The UDB operator shall maintain an active email address and a 24-hour telephone service with recording capability for the public to register complaints. This contact information shall be posted on the UDB.

F.

Penalty for violation.

If an UDB is found to be in violation of Chapter 21.51.294, and the operator does not remedy the violation upon notification from the City, the UDB can be deemed a public nuisance in accordance with Sections 21.10.080 or 21.10.090 of this Code or an Administrative Citation and penalty may be assessed in accordance with Chapter 9.65 of this Code.

(ORD-18-0003(Emerg.) § 4, 2018)

Vending machines shall be permitted as an accessory use to existing retail sales on a site. Such machines shall not obstruct pedestrian access and shall not be located within any required parking or landscape area.

(Ord. C-6533 § 1 (part), 1988)

CHAPTER 21.52 - CONDITIONAL USES

The City recognizes that certain types of land use, due to the nature of the use, require individual review by the Planning Commission to determine whether the type of use proposed, or the location of that use, is compatible with, or through the imposition of reasonable conditions, can be made compatible with surrounding uses. This Chapter establishes specific conditions which shall apply to uses permitted by a permit.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to massage establishments indicated in Table 32-1 where massage is the primary use:

A.

For new massage establishments, the proposed location for the massage establishment must not be fewer than seven hundred fifty (750) feet from another massage establishment as measured from the property lines. For existing massage establishments that are located within seven hundred fifty (750) feet of another massage establishment at the time this Section is enacted, those massage establishments are not required to relocate but are subject to the provisions of Chapter 5.58 and Title 21 of the Long Beach Municipal Code, and any other applicable federal, state and local law.

B.

No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs or substantially darkens the view into the premises at any time. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians.

C.

A massage establishment shall post, near the public entrance of the establishment or in another conspicuous place in clear view of the public and employees where similar notices are customarily posted, a notice sized at least 8.5 inches by 11 inches with a minimum of 16-point font stating as follows:

If you or someone you know is being forced to engage in any activity and cannot leave —whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity — call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

(ORD-18-0018 § 8, 2018)

DIVISION I. - GENERAL PROVISIONS

21.52.100 - General provisions.

The uses listed in Chapters 21.31 through 21.36 as conditional uses (C) or administrative uses (AP) or identified as administrative uses in Chapter 21.25, Division IV, shall be required to comply with the conditions listed in Division II of this Chapter. Upon granting a conditional or an administrative use permit, the hearing body shall impose the conditions outlined in this Chapter for the specified use unless those conditions are waived with written findings. The hearing body may impose additional conditions that are deemed reasonable and necessary in granting the permit. If no conditions are contained in this Chapter, the hearing body may impose conditions as necessary to implement the permit.

(Ord. C-7032 § 39, 1992; Ord. C-6533 § 1 (part), 1988)

DIVISION II. - SPECIAL CONDITIONS FOR CONDITIONAL AND ADMINISTRATIVE USE PERMITS

21.52.200 - Conditional and administrative use development standards.

This Division contains the required conditions for specified conditional and administrative use permits.

(Ord. C-7032 § 41, 1992: Ord. C-6533 § 1 (part), 1988)

The following alcoholic beverage sales may be exempted from the conditional use permit requirement:

A.

Restaurants with alcoholic beverage service only with meals. This generally means any use with a fixed bar is not exempt. A service bar is not considered a fixed bar. A sushi bar, where alcoholic beverages are served at the same bar where meals are served, is considered serving alcoholic beverages only with meal service. A cocktail lounge without a bar, but with primarily service of only hors d'oeuvres and alcoholic beverages is not exempt. Any restaurant with more than thirty percent (30%) of gross sales consisting of alcoholic beverages shall lose its exemption and be required to obtain a conditional use permit to continue to sell alcohol.

B.

Florist with accessory sale of alcoholic beverages.

C.

Existing legal, nonconforming uses.

(ORD-18-0025 § 15, 2018)

The following conditions shall apply to all alcoholic beverage sales uses requiring a conditional use permit:

A.

The existing number of parking spaces, or the number of parking spaces normally required by Section 21.41.160, whichever is less, shall be maintained, except as provided by Section 21.41.175.

B.

The operator of the use shall provide night lighting and other security measures to the satisfaction of the Chief of Police;

C.

The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods;

D.

The use shall not be in a reporting district with more than the recommended maximum concentration of the applicable on or off-premises sales use, as recommended by the State of California Alcoholic Beverage Control Board, nor with a high crime rate as reported by the Long Beach Police Department, except: (1) locations in the greater downtown area; or (2) stores of more than twenty thousand (20,000) square feet floor area, and also providing fresh fruit, vegetables and meat, in addition to canned goods; and

E.

The use shall not be located within five hundred feet (500') of a public school, or public park, except: (1) locations in the greater downtown area; or (2) stores of more than twenty thousand (20,000) square feet of floor area, and also providing fresh fruit, vegetables and meat in addition to canned goods.

(ORD-24-0033 § 26, 2024; Ord. C-7032 § 42, 1992; Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to arcades:

A.

The site shall not be located within five hundred feet (500′) of a residential district or a public school; and

B.

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking.

(Ord. C-7881 § 3, 2003: Ord. C-6533 § 1 (part), 1988)

Editor's note— ORD-18-0025 § 1, adopted Oct. 2, 2018, repealed § 21.52.204 entitled "Artist's studio with residence," which derived from: Ord. C-7729 § 9, 2001; and Ord. C-7032 § 51, 1992.

The following conditions shall apply to auto repair shops, service stations, car washes, auto upholstery shops, auto parts and tire sales, camper installation businesses, van conversion businesses and the like:

A.

In the CB district, such uses shall be limited to locations inside parking structures;

B.

In the CR and CO zones, conditional use permits shall be limited to the expansion of existing nonconforming uses;

C.

Automobile service station uses shall be limited to: retail sales of fuel, oil and small vehicle parts;

D.

The proposed use shall not intrude into a concentration of retail uses and shall not impede pedestrian circulation between retail uses;

E.

The proposed use shall not create unreasonable obstructions to traffic circulation around or near the site;

F.

No curb cuts shall be permitted within forty feet (40′) of any public roadway intersection;

G.

No vehicles may be stored at the site for purposes of sale, unless the use is also a vehicle sales lot or for the use as parts for vehicles under repair; and

H.

The site shall comply with all applicable development standards for open storage and repair uses specified in Chapter 21.45, "Special Development Standards".

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to a bank, credit union, or savings and loan located in the CNP (commercial neighborhood pedestrian oriented) zone:

A.

The project must comply with Section 21.32.230, "Design of Buildings".

B.

Drive-thru windows or drive-thru automated teller machines are prohibited.

C.

No new curb cuts shall be permitted for a new or existing bank, credit union, or savings and loan in local coastal planning area D (Second Street, between Livingston and Bayshore).

D.

Interior and exterior lighting, window displays, and other architectural features shall be included in the building street frontages to provide pedestrian interest during nonoperational hours.

E.

Projects in local coastal planning area D (Second Street, between Livingston and Bayshore) that qualify for the one-half (½) rate parking standard pursuant to Subsection 21.41.226.A shall make their parking facilities available for public parking during nonoperational hours.

(Ord. C-7777 § 1, 2001; Ord. C-7729 § 13, 2001)

The following conditions shall apply to bed and breakfast inns:

A.

The use shall be allowed only in older residential structures which are recognized as architecturally, historically or culturally significant, and which, through renovation and use as a bed and breakfast inn, will contribute significantly to the ambiance, character or economic revitalization of a neighborhood;

B.

Meals shall be served to registered guests only. No cooking facilities shall be permitted in guestrooms;

C.

The property owners shall live at the inn or on an adjoining property;

D.

Only short-term lodging may be provided. Monthly rentals shall be prohibited;

E.

No receptions, private parties or activities for which a fee is paid shall be permitted;

F.

A City business license shall be obtained as required by law. Two (2) parking spaces shall be provided for the operator plus one (1) space for each guestroom; and

G.

Guest parking may be provided either on-site or along the curb abutting the lot. Tandem parking is permitted provided not more than two (2) cars are parked in a tandem arrangement.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to administrative use permits for caretakers' residences:

A.

The living area shall not exceed twenty-five percent (25%) of the total floor area;

B.

Due to the lack of typical residential amenities in nonresidential zones, and potential hazardous materials, no one under the age of eighteen (18) shall be allowed to live in the residence.

(Ord. C-7032 § 52, 1992)

Editor's note— ORD-11-0011 § 9, adopted June 7, 2011, repealed § 21.52.210, entitled "Cellular and personal communication services (with monopoles)", which derived from: Ord. C-6684 § 7, 1990; Ord. C- 7399 § 14, 1996; and Ord. C-7500 § 18, 1997.

A.

The following conditions shall apply to cemeteries:

1.

The use shall be buffered visually from residential uses and districts; and

2.

The complete master plan, including future expansion, shall be submitted for site plan review, and specific building requests shall be indicated on the master site plan.

B.

The following conditions shall apply to mortuaries:

1.

Parking for viewing, ceremonial and other similar uses within the mortuary shall be calculated using the parking standard contained in Section 21.41, Table 41-1C, Public Assembly; and

2.

Site plan shall provide at least one (1) parking space on-site for loading purposes, either an enclosed parking space or under a porte cochere, regardless of the number of parking spaces required for assembly purposes.

C.

The following conditions shall apply to crematoriums:

1.

Crematoriums can be operated as stand-alone uses only within the IM or IG zone, and can be operated as accessory uses to a permitted mortuary or cemetery use;

2.

In any instance, any new cremation operating unit(s) and emissions control systems shall be located a minimum of six hundred feet (600') from any residential zoning district or existing school.

(ORD-13-0022, § 1, 2013; Ord. C-6533 § 1 (part), 1988)

21.52.212 - Check cashing, pay day loans, car title loans, signature loans, and other financial services.

The following conditions shall apply to check cashing, pay day loans, car title loans, signature loans, and other financial services businesses:

A.

A Conditional Use Permit shall be required for check cashing, pay day loan, car title loan, and signature loan businesses. Alternative or other financial services are also required to obtain a Conditional Use Permit at the discretion of the Zoning Administrator.

B.

Check cashing, pay day loans, car title loans, signature loans and other financial service businesses as defined by the Long Beach Municipal Code shall not be located within:

1.

A one thousand three hundred twenty (1,320) foot radius of an approved check cashing, pay day loan, car title loan, signature loan, or other financial service business.

The CNA, CNP, CNR, PD-6, PD-25, PD-29 or PD-30 or any industrial zoning districts. This includes other financial services and alternative types of lending services at the discretion of the Zoning Administrator.

C.

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions.

D.

Exterior phones, security bars and roll up doors shall be prohibited.

E.

All fees and regulations associated with a loan or financial transaction shall be displayed near the cashier/checkstand and provided to the customer upon checkout.

F.

The hours of operation shall be stated in the application and shall be subject to review.

G.

Special Development Standards for check cashing, pay day loan, car title loan, signature loan, and other financial services found in Section 21.45.116 shall also apply.

(ORD-13-0018, § 2, 2013; Ord. C-7663 § 40, 1999)

21.52.213 - Reserved.

Editor's note— ORD-18-0030, § 16, Dec. 11, 2018, repealed § 21.52.213, entitled "Churches and other places designed and intended primarily for religious worship," which derived from: ORD-07-0044 § 2, 2007; and Ord. C-6533 § 1 (part), 1988).

The following conditions shall apply to collection centers for recyclables:

A.

The site shall be kept in a neat, sanitary and orderly condition;

B.

An attendant shall be on the site at all times when the facility is open for collection;

C.

All recyclable materials shall be stored in bins and shall not be visible to the public;

D.

The operator shall establish a charge free, twenty-four (24) hour telephone number for complaints, and shall post that number on each bin in a manner clearly visible to the public;

E.

Truck pick ups of recyclable materials shall be limited to the hours of eight (8:00) a.m. to eight (8:00) p.m.;

F.

The operator shall use state of the art noise abatement technology and procedures and shall at no time violate the City noise ordinance;

G.

The operator shall accept only California redeemable materials;

H.

The operator shall utilize no processing activities including crushing, shredding, grinding, blowing and the like; and

I.

The use shall not block or displace any parking spaces or landscaping that would be required if the site were developed under the regulations in place at the time of the hearing unless a standards variance is also granted.

(Ord. C-7040 § 3, 1992: Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to commercial parking lots or structures in nonresidential zoning districts:

A.

The use shall be permitted only if no other reasonable alternative use of the site exists during the time period covered by the permit;

B.

The use and design of the site shall not disrupt, impede or negatively affect pedestrian circulation, traffic circulation or public transportation;

C.

The use and design of the site shall not disrupt, impede or negatively affect the concentration of high intensity activities; and

D.

Attractive landscape buffering and screening shall be provided.

(Ord. C-6533 § 1 (part), 1988)

21.52.219.5 - Commercial recreation uses.

The following conditions shall apply to commercial recreation uses:

A.

The use is consistent with the intent of the park district, general plan, and any applicable specific plan; and

B.

The use does not permanently remove or encroach upon more than five percent (5%) of any existing park open space which may be developed within the site coverage restrictions, and the use does not impede public access to the park; and

C.

The use provides a needed public recreation service which otherwise would not be available to the public; and

D.

The use cannot reasonably be located to provide comparable public recreation service on private land appropriately zoned for such use.

(Ord. C-7826 § 4, 2002)

21.52.219.7 - Commercial storage/self-storage.

The following conditions shall apply to commercial storage/self-storage:

A.

Commercial storage/self-storage shall not be permitted or located in an existing business or office park.

B.

Commercial storage/self-storage shall only be permitted with a conditional use permit if the development site is impractical for industrial development due to such conditions as the shape or topography of the site, difficult vehicular access or close proximity to residential uses that would preclude industrial development uses.

C.

Storage spaces shall not be used for manufacturing, retail or wholesale selling, office, other business or service use or human habitation.

D.

Prefabricated shipping containers shall not be allowed to be on sites located within one thousand feet (1,000′) from any property zoned for residential use, unless located or screened so as to not be visible from a public street.

E.

Building and roof design. The building and roof shall be designed to be compatible with surrounding development, especially nearby residential uses. Considerations include design elements that break up long, monotonous building and rooflines and elements that are compatible with the desired character of the zone.

F.

Building materials. The materials used for buildings, roofs, fences and other structures shall be compatible with the desired character of the zone and shall be visually pleasing, especially near residential uses.

G.

Street facades. The design and layout of the street side of the site shall provide a varied and interesting facade. Considerations include the use of setbacks, building placement, roof design, variations in building walls, fencing, other structural elements, and landscaping. Access doors to individual storage units shall be located within a building or shall be screened from adjacent property or public rights-of-way.

H.

Landscaping. The landscaping on the site shall be abundant and shall provide an appropriate transition from public to private spaces, separate and buffer the buildings from other uses, and provide visual relief from stark, linear building walls.

I.

Fencing. Any proposed fencing shall be designed to be compatible with the desired character of the area and is especially sensitive to abutting residential uses. Use of rolled razor wire is prohibited adjacent to residential zones.

J.

Lighting. Exterior lighting shall not intrude on surrounding properties.

K.

Noise. The hours of operation and access to the storage units shall be limited to seven (7:00) a.m. to seven (7:00) p.m. Monday through Friday and nine (9:00) a.m. to five (5:00) p.m. on Saturday, Sunday and holidays. To further limit noise impacts, metal roll up doors shall be lubricated and maintained on a regular monthly basis.

L.

Security. Prior to the issuance of building permits, the project shall submit a security plan that will be subject to the review and approval of the Police Department.

M.

Loading. Provide adequate loading and unloading areas outside of fire lanes.

(Ord. C-7904 § 5, 2004)

21.52.219.7.5 - Commissary (standalone).

See Special Development Standards in Section 21.45.125.

(ORD-26-0012 § 13, 2026)

21.52.219.8 - Community assembly uses.

Community assembly uses shall be located, developed, and operated in compliance with the following standards:

A.

In a residential zone:

1.

The proposed use may consist only of an expansion of an existing facility on the site or on the abutting site; and

2.

The site shall be limited to forty thousand (40,000) square feet in size;

3.

A long-range development plan consistent with the requirements of Section 21.34.020 shall be submitted for Planning Commission review and approval for any new or expanded use on any site larger than forty thousand (40,000) square feet. New construction and additions with five thousand (5,000) square feet of floor area or more must be consistent with the long-range plan.

B.

Any proposed addition or new construction shall conform to the development standards required for principal uses within the district.

C.

Any new construction or additions with five thousand (5,000) square feet of floor area or more shall be subject to site plan review pursuant to Chapter 21.25, Division V.

D.

A buffer at least twenty (20) feet in width shall be provided adjacent to the boundary of any residential zone or property line of any residential use. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities. The minimum buffer requirement may be reduced subject to the review and approval of a Conditional Use Permit pursuant to Chapter 21.25, Division II, as long as the reduced buffer maintains the minimum setback requirement of the district in which the facility is located. Parking areas shall be screened consistent with the requirements of Chapter 21.42.

E.

Outdoor areas used for recreation, meetings, services or other activities involving groups of persons shall be at least fifty (50) feet from the boundary of any residential zone or property line of any residential use.

F.

Parking shall be provided in accordance with Chapter 21.41.

G.

To ensure compliance with the Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), the Planning Commission or the Zoning Administrator shall have the authority to grant exceptions and waivers to the requirements of this Code when necessary to accommodate religious assembly uses.

1.

A request for an exception or waiver shall be submitted and processed in the same manner as an application for an Administrative Use Permit consistent with the requirements of Chapter 21.25, Division IV, Administrative Use Permits.

2.

If necessary to reach a determination on the request for exception or waiver, the Zoning Administrator may request further information from the applicant, specifying in detail what information is required.

3.

Findings required. The following findings must be analyzed, made and adopted before any action is taken to approve or deny a request for a modification or waiver and must be incorporated into the record of the proceeding relating to such approval or denial:

a.

The requested exception or waiver will not impose an undue financial or administrative burden on the City.

b.

The requested exception or waiver will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the City.

c.

There are no alternatives to the requested waiver or modification that could provide an equivalent level of function related to religious worship with less potential detriment to surrounding owners and occupants or to the general public.

d.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest.

e.

That denial of the requested exception or waiver would impose a substantial burden on religious worship or would conflict with any State or federal statute.

f.

For religious assembly uses located in the coastal zone, a request for reasonable accommodation under this Section shall be approved by the City if it is consistent with all of the applicable provisions of this Division, and the certified Local Coastal Program. Where a request for a modification or waiver is not consistent with the certified Local Coastal Program, the City may waive compliance with an otherwise applicable provision of the Local Coastal Program and approve the request for reasonable accommodation if the City finds that the request is consistent, to the maximum extent feasible, with the certified Local Coastal Program.

4.

Conditions of approval. In approving an exception or waiver to accommodate religious assembly use, the decision-maker may impose any conditions deemed necessary to:

a.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

b.

Achieve the general purposes of this Section or the specific purposes of the zoning district in which the project is located;

c.

Achieve the findings for an exception or waiver granted; or

d.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.

Exceptions or waivers approved pursuant to this section may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance. To ensure this, the property owner shall record a covenant demonstrating that the improvement with which the exception or waiver is associated shall be removed or modified to comply with City regulations at the expense of the property owner when said circumstance or occupancy changes.

6.

Appeals. The applicant or any aggrieved party may appeal decisions pursuant to this section or any conditions or limitations imposed by the Zoning Administrator.

a.

All appeals shall contain a statement of the grounds for the appeal.

b.

• Appeals shall be to the Planning Commission, in accordance with Division V of Chapter 21.21 Administrative Procedures.

(ORD-18-0030 § 14, 2018)

21.52.220 - Community correctional reentry centers.

A.

A complete application for a community correctional reentry center in an industrial zone shall include adequate evidence that the applicant has conducted a preapplication meeting for surrounding property owners and occupants. The applicant shall provide at least ten (10) days' notice of a preapplication meeting to all owners and occupants of real property within one thousand five hundred feet (1,500') of the real property which is the subject of the application, all neighborhood associations adjacent to, or within the vicinity of, the proposed use, any surrounding business association and the City's neighborhood resource center. The applicant shall provide proof of such notice and meeting through the use of certified mail and returned receipts issued by the United States Postal Service.

B.

The following conditions shall apply to community correctional reentry centers in the industrial zoning districts:

1.

Such uses shall provide educational and vocational training primarily focused on industrial employment.

2.

Such uses shall provide short-term lodging not to exceed one hundred twenty (120) days per inmate/trainee.

Counseling and job placement services shall be provided for inmates/trainees of the facility only.

4.

The use shall comply with all general conditions of special group residences, as set forth at Section 21.52.271 of this Chapter; provided, however, no such use, regardless of the size of the parcel housing such uses shall exceed fifty (50) beds and/or fifty (50) inmates/trainees at any given time.

5.

The operator of the use shall only accept inmates/trainees who voluntarily apply for transfer to the community correctional reentry center.

6.

No reentry center operator shall accept any inmate/trainee currently serving a sentence for conviction of any offense described in subdivision (c) of Penal Code Section 667.5 or subdivision (c) of Penal Code Section 1192.7, excluding the offense of burglary.

7.

No reentry center operator shall accept any inmate/trainee who has more than one hundred twenty (120) days left to serve in a correctional facility.

8.

No reentry center operator shall accept any inmate/trainee that has been convicted of an escape pursuant to Section 4532 of the Penal Code.

9.

The facility shall be staffed twenty-four (24) hours a day, seven (7) days a week. A State parole agent shall be assigned to the site to monitor the inmates' activities. No inmate of the facility shall be permitted to utilize a private vehicle unless expressly authorized to do so by the California Department of Corrections pursuant to its rules and procedures governing such use. Any change in operations must be reviewed and approved by both the State and City prior to implementation of such change.

(Ord. C-7392 § 3, 1996)

The following conditions shall apply to computer arcades:

A.

Hours of operation shall be limited to between eight (8:00) a.m. to twelve o'clock (12:00) midnight. The Planning Commission may consider extended hours of operation based on proximity to residential uses; and

B.

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking, including, but not limited to, the provision of a uniformed security guard at the site to the satisfaction of the Chief of Police if the Chief of Police determines it to be necessary due to increased police activity or calls for service at the site; and

C.

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions; and

D.

Maximum number of machines available for public rental shall not exceed one (1) per thirty-five (35) square feet of net floor area; and

E.

Computer games of an adult nature depicting "specified anatomical areas" or "specified sexual activities", as these terms are defined in Chapter 21.15 (Definitions), shall not be installed on computer terminals or played by customers unless the locational restrictions of Section 21.45.110 (Special development standards - adult entertainment) are complied with; and

F.

If access to adult oriented web sites is allowed, a separate area, up to a maximum of twenty percent (20%) of computer terminals available for public rental, shall be set aside for adult viewing with the computers clearly marked as such and screened from view by minors. All other machines shall be marked prohibiting adult viewing;

G.

Provide interior lighting levels similar to commercial office standards during operating hours; and

H.

There shall be at least one (1) adult employee, eighteen (18) years of age or older, for each twenty (20) computer terminals available for public rental, or fraction thereof; and

I.

An interior waiting area for customers, at least five percent (5%) of the gross floor area in size, but not less than fifty (50) square feet, shall be provided near the entrance; and

J.

Headphones shall be provided for each computer terminal, in lieu of open speakers, to control noise at the site; and

K.

The operator shall provide parking at a ratio of one (1) space per 3.3 computer terminals or, when two (2) or more uses share a parking facility, demonstrate through a signed affidavit that the hours of their demand for parking do not overlap, or only partially overlap.

(Ord. C-7881 § 8, 2003)

21.52.221 - Courtesy parking in residential districts.

The following conditions shall apply to courtesy parking in residential districts:

A.

The proposed site shall adjoin, abut or be adjacent to a commercial district;

B.

The parking lot shall extend not more than one hundred feet (100′) into the residential district; and

C.

A six foot six inch (6′6″) solid fence or wall and a five foot (5′) wide landscaping buffer shall be provided along any property line abutting a residential use.

(Ord. C-6533 § 1 (part), 1988)

21.52.222 - Diesel fuel sales.

The following conditions shall apply to diesel fuel sales, whether in conjunction with gasoline sales or not:

A.

Diesel fuel sales shall only be permitted on designated truck routes.

B.

A solid masonry wall not less than eight feet (8′) in height shall be provided where the site abuts, or is across an alley from, a residential district.

C.

An on-site queuing lane no less than one hundred twenty feet (120′) shall be provided on-site for each pump dispensing diesel fuel.

D.

A site circulation and queuing diagram prepared by a traffic engineer shall be submitted with the application demonstrating the feasibility of truck access to and from each pump dispensing diesel fuel.

E.

Local streets may not be used for vehicular access to pumps dispensing diesel fuel.

F.

No on-site idling shall be permitted for vehicles queuing for pumps dispensing diesel fuel.

G.

No overnight parking or on-site maintenance of truck tractors or truck trailers shall be permitted.

H.

No exterior telephones or security bars shall be permitted.

I.

Hours of operation shall be established and shall be appropriate based on adjacent land uses.

(Ord. C-7663 § 41, 1999)

The following conditions shall apply to electrical distribution stations in residential districts:

A.

The site shall be located on a major, secondary or minor highway;

B.

The site shall be developed according to the height and yard requirements of the district in which the site is located;

C.

The site shall be surrounded by a fence designed, treated and finished in a manner compatible with the adjacent residential uses. Such fence shall be placed behind the required landscaping along the street frontage. Fences up to twelve feet (12′) in height may be allowed in side and rear yard areas if appropriate and necessary for the individual site;

D.

Landscaping equal to twice the requirement for a multifamily residential zone shall be provided; and

E.

All equipment and operations shall comply with applicable City noise regulations as set forth in Chapter 8.80 (Noise) of the Municipal Code.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to electrical distribution substations in nonresidential zoning districts:

A.

All facilities shall be screened from public view by an attractive wall or fence.

(Ord. C-6533 § 1 (part), 1988)

In addition to the required findings for a conditional use permit (Section 21.25.206), the Planning Commission shall not approve a conditional use permit for an Electronic Message Center sign unless positive findings can be made for the following:

A.

The proposed design of the electronic message center sign is complete and consistent within itself and is compatible in design with the architectural theme or character of the existing or proposed development it will serve and the community in which it will be located.

B.

The establishment of the proposed electronic message center sign will not adversely affect the character, livability, or quality of life of any residential community it will be adjacent to or located in.

C.

The electronic message center sign shall not constitute a hazard to the safe and efficient operation of vehicles upon a street or freeway.

D.

The applicant has demonstrated that the proposed electronic message display surface is factory-certified as capable of complying with the brightness standards in Section 21.44.850.

(ORD-13-0014 § 20, 2013; Ord. C-7500 § 24, 1997)

The following conditions shall apply to fast-food restaurants:

A.

The site shall not adjoin or abut a residential use district;

B.

The proposed site shall not interrupt or intrude into a concentration of retail uses and shall not impede pedestrian circulation between retail uses;

C.

The use shall not constitute a nuisance to the area due to noise, litter, loitering, smoke or odor; and

D.

Order board speakers shall be oriented and directed away from adjacent residential uses.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to fences which exceed three feet (3′) in the front yard of residential lots located in high crime areas:

A.

The site shall be located in a "high crime" area (as defined by Section 21.15.1338);

B.

The fence shall enclose an existing or proposed multifamily (three (3) or more units) residential structure or any residential use located in a multifamily (R-3 or R-4) zone;

C.

The fence shall not exceed six feet six inches (6′6″) in height;

D.

The fence design shall be open wrought iron or other metal pickets;

E.

The fence shall allow emergency egress;

F.

The fence design shall provide visitor, meter reader and emergency personnel access;

G.

The front yard shall have approved landscaping;

H.

The applicant shall restore any missing street trees; and

I.

The fence shall have self-closing, self-locking gates.

(Ord. C-7247 § 34, 1994)

A.

The use shall demonstrate adequate parking for peak demand.

B.

The facility shall be limited to five thousand (5,000) square feet of gross usable floor area in neighborhood commercial zones (CNP, CNA and CNR).

(ORD-20-0025 § 10, 2020; ORD-18-0030 § 15, 2018; Ord. C-7047 § 33, 1992)

The following conditions shall apply to housing for the handicapped and for senior citizens:

A.

In a residential zone, handicapped and senior citizen housing shall be limited to the density allowed in the underlying zone district multiplied by the number indicated in Table 52-1. In congregate care facilities, each bedroom with two (2) or fewer beds shall count as a dwelling unit in calculating density. In bedrooms with more than two (2) beds, each bed shall count as a unit. This shall be the maximum permitted density. The Planning Commission may require a lower density as the situation requires. In nonresidential zones, densities shall be limited to one (1) dwelling unit per two hundred (200) square feet of lot area;

B.

Consideration of the conditional use permit shall address crime rate, scale and style of the proposed building in relation to other buildings within the immediate vicinity;

C.

The applicant shall provide evidence that the use will remain as senior citizen or handicapped housing through deed restriction or other method suitable to the Planning Commission. In the case of senior citizen housing that is constructed for sale or rental of individual units, apartments or condominiums, the applicant shall provide proof that the proposed project is fully compliant with the provisions of California Civil Code Section 51.3 or otherwise provide proof that the provisions of Civil Code Section 51.3 are not applicable to the project. Failure to provide suitable proof and assurances to the Planning Commission will result in the denial of the density multiples provided for in Table 52-1;

D.

The facility shall be designed with appropriate grab bars in all hallways and bathtubs and/or showers and with nonslip surfaces in bathtubs and/or showers. The designs shall conform to the specifications of the U.S. Department of Housing and Urban Development for the applicable use;

E.

Each unit shall be equipped with an emergency signaling device to the on-site unit manager's office, if applicable, to the satisfaction of the Chief of Police;

F.

Each facility shall provide not less than three hundred (300) square feet of common recreational space;

G.

Each facility shall provide not less than one hundred fifty (150) square feet of usable open space per unit or room. Of the one hundred fifty (150) square feet, not less than fifty (50) square feet shall be private open space, and the remainder may be common open space in addition to the three hundred (300) square feet required above;

H.

The facility shall be located within one thousand feet (1,000′) by legal pedestrian route to a public transit stop; and

I.

Parking and loading shall be provided as required by Chapter 21.41 (Off-Street Parking and Loading Requirements).

(Ord. C-7500 § 19, 1997: Ord. C-6822 § 19, 1990; Ord. C-6595 § 15, 1989; Ord. C-6533 § 1 (part), 1988)

Table 52-1

Density Multiples for

Handicapped and Senior Citizen Housing

The following conditions shall apply to heliports or blimp ports and helipads:

A.

The Aeronautics Bureau of Public Works in consultation with the Federal Aeronautics Administration have found that the proposal presents no air space conflicts. Letters of agreement concerning airspace

procedures, altitude and flight tracks, shall be submitted if necessary.

B.

The Fire Chief has found the use designed to safely handle any and all flammable and combustible materials to be handled on-site.

C.

The use will not adversely affect any residential neighborhood due to take-off, landing or overflight noise.

D.

The use is reasonably centrally located within an area of need so that no duplication of facilities will occur that could be avoided by use of another site.

E.

Only private, noncommercial heliports, blimp ports or helipads shall be allowed. Ticket sales or any common carrier-type functions are strictly prohibited.

F.

Only helipads, without support services, shall be allowed in the CB zone.

(Ord. C-6595 § 28, 1989)

A.

Intent. Long Beach strongly encourages the development and expansion of the travel industry for vacation, convention and business travel. Hotels and motels are an integral and desirable part of the travel industry. However, as hotels and motels can also be incompatible with nearby residential communities, and can also become inadequately designed permanent housing, it is necessary to provide site-by-site analysis and decisions of the nature and design of such business facilities. Also, as such uses provide a twenty-four (24) hour business environment, careful review is required to ensure compatibility with residential uses. All proposals for new hotels, motels or inns shall comply with the following conditions.

B.

Intensity. The density of rooms, intensity of facilities, and scale and design of buildings shall be harmonious with surrounding uses and development.

C.

Location. The location of the use shall be reasonably related to destinations of the traveling public, such as proximity to tourist attractions, convention facilities, business centers, the airport or cruise terminals, or medical centers and shall also be adequately buffered from any incompatible adjoining uses.

D.

Crime. The site shall not be associated with a location known to have a high concentration of reported crimes.

E.

Design. The design shall be attractive so as to present a positive image of Long Beach to the traveling public, shall be appropriate to transient occupancy without conversion to long-term occupancy (more than thirty (30) consecutive days), and, where appropriate, shall contribute to an active retail frontage by providing stores, coffee shops or convenience retail on the ground story of major streets. Enriched materials, roof overhangs, windows and doors with jams and sills, architectural protrusions and other detailing and lush landscaping are desirable in making the design attractive. All designs shall also comply with the privacy standards of Section 21.31.240.

F.

Open Space. The use shall provide not less than one hundred twenty-five (125) square feet of usable open space per guestroom, suite or unit. Not less than fifty (50) square feet of such open space shall be private usable open space according to the provisions of Section 21.31.230. For buildings of three (3) stories or more, all open space may be common open space. Areas used for health clubs or recreation rooms may be counted as common usable open space.

G.

Parking. All parking designs shall provide through-flow circulation or maneuvering space in a cul-de-sac or "hammerhead" design to allow exiting in a forward direction when all parking spaces are full. Parking spaces shall be provided in adequate number to serve the use according to the following requirements: for hotels/motels less than sixty (60) rooms, suites or units, the minimum parking shall be not less than 1.25 spaces per guestroom, or per two (2) room suite or unit, and 2.00 spaces per suite or unit of three (3) or more rooms, plus parking figured separately for other facilities.

For hotels/motels of sixty (60) rooms or more, see Table 41-1C.

H.

Security. Project security shall be designed to the satisfaction of the Chief of Police and shall include surveillance of arrivals, departures, and parking areas from the office, and security hardware, alarms and lighting.

(Ord. C-6684 § 8, 1990)

The following conditions shall apply to public assembly halls, private clubs and similar uses:

A.

A long-range development plan shall be submitted for the use;

B.

Any new construction shall be consistent with the long-range plan that has been approved by the Planning Commission;

C.

All buildings and uses shall be located and buffered to prevent intrusion upon surrounding uses, especially when the use adjoins, abuts or is adjacent to a residential district; and

D.

Abundant landscaping, ample building spacing, open space and high quality building design shall be provided.

(Ord. C-6533 § 1 (part), 1988)

See Special Development Standards 21.45.153 for Interim housing.

(ORD-20-0026 § 21, 2020)

21.52.240 - Legalization of dwelling units.

A.

The unit(s) in question must have been created before 1964 and continually occupied since that time without having been abandoned pursuant to Section 21.15.030;

B.

The unit must meet minimum Housing Code provisions; and

C.

The unit must not exceed six hundred forty (640) square feet.

(Ord. C-7032 § 53, 1992)

The following conditions shall apply to administrative use permits for live-work units:

A.

The minimum unit size is seven hundred fifty (750) square feet.

B.

Each unit shall have a separate entrance that is clearly identified to provide for emergency services.

C.

No more than thirty-three percent (33%) of any unit shall be used for exclusive residential purpose such as sleeping area, kitchen, bathroom and closet areas. The unit shall provide as a minimum full cooking and bathing facilities.

D.

All necessary building permits shall be obtained prior to the use of the space for residential occupancy.

E.

No mechanical equipment shall be used which generates noise higher than the noise standards established for residential uses (Chapter 8.80 of the Municipal Code).

F.

There shall be no outside operations, outside storage or outdoor display of materials or products.

G.

No toxic, explosive, flammable, combustible or corrosive materials are to be stored or used on the site in quantities or in a manner that violates any provision of the Uniform Fire Code. No etiologic or radioactive materials shall be used or stored on the site at any time.

H.

No process shall be used which is hazardous to public health, safety or welfare.

I.

The home occupation shall not displace or block the use of parking spaces required for the residential use including any business storage in required garage parking areas.

J.

Not more than two (2) vehicles shall be used in the business. Only one (1) vehicle may be commercially licensed.

K.

The property owner shall record a covenant, prior to the issuance of a building permit, ensuring that the provisions of this Section are continually adhered to and that the Live-Work Unit remains consistent with the definition in Section 21.15.1576.

The Zoning Administrator may require the discontinuance of a work activity in a live-work unit with residence if as operated or maintained there has been a violation of any applicable condition or standard. The Zoning Administrator shall have the authority to prescribe additional conditions and standards of operation for any category of work activity in a live-work unit.

(ORD-18-0025 § 16, 2018)

The following conditions shall apply to merchandise malls:

A.

Parking shall be provided as required by Chapter 21.41 (Off-Street Parking and Loading Requirements). However, the required number of parking spaces may be reduced if the applicant can demonstrate to the satisfaction of the Planning Commission that a lower standard adequately satisfies the parking demand of a specific business. In no case shall less than five (5) parking spaces per one thousand (1,000) square feet be approved; and

B.

The applicant shall demonstrate to the satisfaction of the Planning Commission that tenants of the merchandise mall will pay applicable business license fees and sales taxes.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to mobile home parks:

A.

The mobile home park shall not exceed the density of the applicable zone district in which it is located; and

B.

The mobile home park shall comply with the development standards of the applicable subdivision for private streets and lot design.

(Ord. C-6533 § 1 (part), 1988)

21.52.244 - Subdivision of existing mobile home park.

The following special conditions shall apply to subdivision of an existing mobile home park:

A.

The mobile home park shall contain a minimum community area open space of two hundred (200) square feet per lot.

B.

The mobile home park shall have a minimum density of nine (9) units per acre.

C.

The mobile home park shall contain a minimum of one (1) guest parking space for each fifteen (15) lots.

D.

The mobile home park shall contain a minimum of one hundred (100) square feet of recreational vehicle storage per lot.

E.

The mobile home park shall have a minimum project setback of twenty (20) feet from any public street.

F.

RV storage and vehicle parking and storage shall be reserved for use by the owners/tenants of the mobile home park.

(ORD-07-0019 § 6, 2007)

21.52.246 - Motorcycle/jet ski sales and repair.

A.

All sales and repair activities shall comply with the standards of Chapter 21.45 (Special Development Standards).

B.

The applicant shall demonstrate an ability to control noise during engine testing to comply with City noise regulations Chapter 8.80 (Noise) and avoid neighborhood disturbances.

(Ord. C-7047 § 26, 1992: Ord. C-6533 § 1 (part), 1988)

21.52.247 - Building design in the CNP zone.

A.

The use will primarily serve the local community.

B.

The project must comply with Section 21.32.230 Design of buildings, to insure pedestrian orientation.

C.

Drive-thru lanes are prohibited.

D.

Existing curb cuts from the primary pedestrian thoroughfare must be closed and vehicular access taken from alleys and/or secondary streets.

(Ord. C-7729 § 10, 2001: Ord. C-7047 § 34, 1992)

21.52.249 - Nursery schools, day nurseries, preschools, childcare centers, daycare centers and similar uses for daytime care and education of a limited number of persons.

The following conditions shall apply to all nursery schools, day nurseries, preschools, childcare centers, daycare centers and similar uses for daytime care and education of a limited number of persons:

A.

A minimum of seventy-five (75) square feet of outdoor play area per child shall be provided on the site;

B.

In residential districts, no other similar facility may be located and operating within one-half (1/2) mile (2,640 feet) of the proposed site;

C.

The hours of operation shall be limited to the hours between six o'clock (6:00) a.m. and seven-thirty (7:30) p.m.; and

D.

Adequate off-street loading spaces shall be provided to prevent adverse effects upon the neighborhood.

(ORD-18-0025 § 11, 2018; Ord. C-6533 § 1 (part), 1988)

21.52.251 - Office uses in residential districts.

The following conditions shall apply to office uses in residential districts:

A.

The total nonresidential use shall not exceed forty percent (40%) of the square footage of the building.

(Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to flea markets, swap meets, vehicle sales events and the like:

A.

All uses shall be compatible with adjacent uses; and

B.

The sale of used merchandise may be permitted; and

C.

Vehicle sales events may be permitted only in the institutional zone on sites five (5) acres or greater in size and only when sponsored by a church, school, educational institution or public or private nonprofit organization, and shall be conducted on the premises of such an organization; and

D.

The hours of operation shall be nine (9:00) a.m. to five (5:00) p.m. with the exception that setup shall be allowed a early as seven (7:00) a.m. and as late as seven (7:00) p.m. The Planning Commission may grant extended hours of operation based on the proximity to residential land uses; and

E.

The proposed frequency of events shall be stated in the application and subject to review; and

F.

The operator shall demonstrate to the satisfaction of the Planning Commission that applicable business license fees and sales taxes will be paid; and

G.

An event signage plan shall be submitted in the application and subject to review; and

H.

Adequate restroom facilities shall be provided on-site during hours of operation; and

I.

A parking plan shall be submitted in the application and subject to review. The hours of parking demand of the outdoor sales event shall not conflict with the hours of parking demand of the principal use on-site, if any, and shall be provided in accordance with the provisions of Chapter 21.41 (Off-street Parking and Loading Requirements); and

J.

The operator shall demonstrate an ability to control problems related to noise, loitering, and litter; and

K.

The operator shall provide a safety and security plan to the satisfaction of the Chief of Police; and

L.

The operator shall obtain all necessary permits from the Fire Department for the temporary structures for each outdoor sales event.

(Ord. C-7881 § 4, 2003: Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to administrative use permits for a parsonage: The living area shall not exceed twenty-five percent (25%) of the church floor area.

(Ord. C-7032 § 54, 1992)

The following conditions shall apply to pistol and rifle ranges:

A.

The use shall be soundproofed as necessary to avoid adverse impacts on nearby noise sensitive uses; and

B.

The operator shall incorporate safety measures into facility design as required by the Chief of Police.

(Ord. C-6533 § 1 (part), 1988)

21.52.260 - Interim Playgrounds, urban agriculture use, community gardens and recreational parks.

The following shall apply to interim playgrounds, community gardens and recreational parks. Only A, B, and C apply to urban agriculture uses:

A.

Improvements for an interim playground/community garden/recreational park shall be limited to landscaping, irrigation systems, accessory buildings and accessory structures.

B.

The following setbacks shall apply to all accessory buildings and accessory structures:

1.

Front. The front setback shall be the same as a principal structure in the applicable zoning district.

2.

Side. A four-foot (4') side setback is required when abutting a residential district otherwise none is required.

3.

Rear. A ten-foot (10') rear setback is required when abutting a residential district otherwise none is required.

C.

The maximum height of any accessory building shall be thirteen feet (13').

D.

The interim playground/community garden/recreational park hours of operation shall be seven-thirty (7:30) a.m. to dusk.

E.

Off-street parking shall not be required for an interim playground/community garden/recreational park.

F.

Adequate trash receptacles shall be provided and maintained for the life of the use.

(ORD-20-0025 § 11, 2020; ORD-17-0024 § 5, 2017; Ord. C-7378 § 28, 1995)

21.52.261 - Police training academy.

The following conditions shall apply to the police training academy use:

A.

The use shall be isolated from noise sensitive uses; and

B.

A master plan for future facility expansion shall be reviewed and approved with any specific building request.

(Ord. C-6533 § 1 (part), 1988)

21.52.263 - Elementary and secondary schools.

The following conditions shall apply to private elementary and secondary schools:

A.

Such facilities shall be located on a Neighborhood Connector or Local Street as defined by the City of Long Beach Mobility Element;

B.

Such facilities shall conform to the development standards of the district in which they are located including parking;

C.

In a residential zone, the site shall be limited to forty thousand (40,000) square feet in size; and

D.

An applicant seeking to convert an existing commercial building into a school shall file a request with the Building Bureau for a special code compliance inspection. The report shall address all building code issues related to establishing a school in a commercial building. The report must be received by the Planning Bureau before an application for conditional use permit is considered complete.

E.

The Zoning Administrator may approve an exception to the locational requirements in subsection A, based on the following findings:

The total number of students, staff and visitors on the site at any one time shall not exceed 100; and

2.

The applicant has submitted a plan for accommodating all pick-up and drop-off activity on the site; or

3.

The applicant has established other trip reduction measures to ensure that the total number of daily trips to and from the site will not exceed the number of trips the Mobility Element has established for the street classification applicable to the site.

(ORD-19-0011 § 10, 2019; Ord. C-7378 § 20, 1995: Ord. C-6533 § 1 (part), 1988)

A.

Recycling collection centers located in any industrial district shall be limited to a maximum of five (5) years for any single approval.

B.

The use shall be compatible with surrounding existing uses.

C.

The operator shall take all reasonable steps to mitigate intrusive noise to adjacent residential uses.

D.

The site shall remain clean at all times.

E.

The entire site shall be paved.

F.

The site shall be screened with an eight-foot-high (8′) solid wall.

(Ord. C-7360 § 8, 1995; Ord. C-7247 § 25, 1994: Ord. C-6684 § 9, 1990)

The following conditions shall apply to all residential historical landmarks seeking to establish a commercial use:

A.

The following commercial uses listed below may be allowed through the administrative use permit process (where the permitted use table for the applicable zone is more permissive than these provisions, then the

applicable zone use table shall apply):

1.

Artist studio with residence pursuant to Section 21.52.204.

2.

Bed and breakfast pursuant to Section 21.52.209.

3.

Daycare center/pre-school pursuant to Section 21.52.249.

4.

Professional school/business school.

5.

Professional services:

a.

Administrative

b.

Attorney

c.

Consultant

d.

Dental

e.

Engineering/architectural

f.

Finance

g.

Insurance

h.

Medical

i.

Real estate

6.

Retail sales:

a.

Antiques

b.

Art gallery

c.

Book dealer

d.

Collectibles

B.

An applicant seeking to establish a commercial use in a residential historical landmark building shall file a request with the Building Bureau for a special code compliance inspection with reference to the State Historical Building Code. The resulting report shall address all building code issues with reference to the State Historical Building Code related to establishing the commercial use in a residential building. This report must be received by the Planning Bureau before an application for an administrative use permit is considered complete for processing.

C.

All required parking, as set forth in Chapter 21.41, Off-Street Parking and Loading Requirements, shall be provided to establish the proposed use.

(Ord. C-7378 § 29, 1995)

The following conditions shall apply to restaurants selling alcoholic beverages of any kind:

A.

The operator of the use shall prevent loitering in any parking areas serving the use; and

B.

Parking shall be provided as required by Chapter 21.41 (Off-Street Parking and Loading Requirements) regardless of status of the previous use with regard to legal nonconforming parking, except as provided in Sections 21.41.165 and 21.41.175.

(ORD-24-0033 § 27, 2024; Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to restaurants in the R-4-H zoning district:

A.

The public entrance shall be from the lobby of the residential building;

B.

No signs shall be placed outside the building; and

C.

Sale of alcoholic beverages in restaurants shall be limited by the following additional conditions:

1.

The operator of the use shall provide not less than ten (10) parking spaces per one thousand (1,000) square feet of dining area plus twenty-five (25) parking spaces per one thousand (1,000) square feet of lounge, bar or waiting area regardless of status of the previous use as to legal nonconforming parking, except as provided in Sections 21.41.165 and 21.41.175.

2.

The operator of the use shall prevent loitering in any parking areas serving the use.

(ORD-24-0033 § 28, 2024; Ord. C-6533 § 1 (part), 1988)

See Special Development Standards 21.45.163 for Safe parking site.

(ORD-20-0026 § 22, 2020)

The development on the sandwiched lot shall be limited to R-4-R density and development standards.

(Ord. C-6895 § 32, 1991)

The following shall apply to new secondhand/thrift shops and as a requirement for approval of any increase in the floor area of an existing shop:

A.

All sales and display of merchandise shall be permitted only within a building;

B.

Exterior alterations to the premises and all signage must be designed and installed in compliance with all applicable City regulations and guidelines;

C.

The building and site shall be maintained in a neat, clean and orderly condition;

D.

Outside storage shall not be permitted;

E.

The store shall not authorize the donation or drop-off of any goods while the store is closed; and

F.

The operator shall post a notice in a visible location at any public entrance, which states that goods may not be deposited when the store is closed and listing hours when and where donations will be accepted.

(ORD-18-0025 § 17, 2018)

21.52.271 - Special group residence (board and care, convalescent home, half-way house, boardinghouse/lodginghouse, communal housing and the like).

The following conditions shall apply to special group residences including, but not limited to, board and care, convalescent home, half-way house, boardinghouse/lodginghouse and communal housing:

A.

Density. In a residential zone, special group housing shall be limited to the density allowed by the underlying zone district multiplied by the number indicated in Table 52-2. In congregate care facilities, each bedroom with one (1) or two (2) beds shall count as a unit when calculating density. In bedrooms with more than two (2) beds, each bed shall count as a unit. This shall be the maximum permitted density. The Planning Commission may require a lower density as the situation requires. In a nonresidential zone, density shall be limited to one (1) unit per two hundred (200) square feet of lot area;

B.

Location. In a residential district, no other similar facility may be in operation within one-half (1½) mile of the proposed project site. If the use is a fraternity or sorority, the use shall be sufficiently isolated from other residential uses so as not to potentially disturb the neighborhood;

C.

Concerns. Consideration of the conditional use permit shall address crime rate, concentration of similar uses, and the style and scale of the proposed building in relation to other buildings in the immediate vicinity;

D.

Continuation of Use. The applicant shall provide evidence that the use will remain as that use applied for through deed restriction or other method suitable to the Planning Commission;

E.

Open Space. Each facility shall provide not less than three hundred (300) square feet of common open space and one hundred fifty (150) square feet of usable open space per unit or room. Of the one hundred fifty (150) square feet, not less than fifty (50) square feet shall be private open space, and the remainder may be common open space added to the required three hundred (300) square feet of common open space;

F.

Public Transit Stop. The facility shall be located within one thousand feet (1,000′) by legal pedestrian route to a public transit stop; and

G.

Parking. Parking and loading shall be provided as required by Chapter 21.41 (Off-Street Parking and Loading Requirements).

(Ord. C-6595 § 16, 1989; Ord. C-6533 § 1 (part), 1988)

Table 52-2

Density Multiples for Special Group Residences

21.52.273 - Tattoo or fortunetelling services.

A.

The following conditions shall apply to fortunetelling services:

1.

No new fortunetelling uses shall be located within one thousand feet (1,000′) of any existing adult entertainment, arcade, fortunetelling, tattoo parlor or tavern use; and

2.

Fortunetelling uses shall operate only between the hours of seven (7:00) a.m. and ten (10:00) p.m.

B.

Prior to approval of an Administrative Use Permit for Tattoo Parlors, if an Administrative Use Permit is required, the Zoning Administrator shall, in addition to findings requested in Section 21.25.407, find that the proposed tattoo parlor does not introduce new light, noise, or traffic near neighboring sensitive land uses, including residences, businesses, schools, childcare, or pre-school facilities, that is beyond normal circumstances in that location.

(ORD-18-0013 § 4, 2018; Ord. C-6533 § 1 (part), 1988)

The following conditions shall apply to through-block commercial:

A.

The proposed site shall abut, adjoin or be adjacent to a commercial district, or a planned development district designated for commercial uses;

B.

The proposed site shall be developed as a unified site with an abutting, adjoining or adjacent commercially zoned site;

C.

Through-block commercial shall only be permitted on a property that has two (2) street frontages but is not a corner lot as illustrated in Figure 52-1;

D.

Vehicular and/or pedestrian access shall not be permitted from or across the residential street frontage;

E.

The site shall be developed according to the height and yard requirements of the residential district in which it is located;

F.

The commercial uses permitted shall be the same as those on the abutting, adjoining or adjacent commercial district with which the site is being developed;

G.

Any portion of the building or buildings visible from a public street, or abutting, adjoining or adjacent to a residential district shall be designed, treated and finished in a manner compatible with adjacent residential areas and with other visible sides of the building; and

H.

The yards facing residential uses shall be landscaped in a manner which protects the privacy and serenity of the residential uses.

(Ord. C-7247 § 26, 1994: Ord. C-7047 § 27, 1992; Ord. C-6684 § 40, 1990; Ord. C-6533 § 1 (part), 1988)

==> picture [420 x 588] intentionally omitted <==

Tutoring centers greater than two thousand five hundred (2,500) square feet shall be subject to the following:

A.

Loading. Two (2) loading spaces shall be provided as per Chapter 21.41;

B.

Impacts on surrounding uses. Hours of operation and business practices shall mitigate impacts to surrounding uses. These include, but are not limited to, appointment-based tutoring sessions, maximum occupants, and hours of operation.

(ORD-19-0028 § 37, 2019)

Editor's note— ORD-18-0025 § 2, adopted Oct. 2, 2018, repealed § 21.52.281 entitled "Thrift shops," which derived from: Ord. C-7047 § 28, 1992; and Ord. C-6533 § 1 (part), 1988.

The following conditions shall apply to vehicle rental service uses:

A.

In the CO and CB zones, only passenger vehicles and bicycle rentals shall be allowed;

B.

Any vehicle repair activities shall comply with the regulations pertaining to outdoor vehicle repair uses as set forth in Chapter 21.45 (Special Development Standards). However, in the CO, CT or CB zones, all repair work shall occur within a fully enclosed building; and

C.

In the CO zone, the project site must be within one-half (½) mile of the CB or CT zone, or five hundred (500) hotel rooms, or a passenger terminal of an airport, cruise ship or rail transit line.

(Ord. C-6533 § 1 (part), 1988)

Editor's note— ORD-19-0028 § 38, adopted Nov. 5, 2019, repealed § 21.52.286 entitled "Veterinary uses," which derived from Ord. C-6533 § 1 (part), 1988.

Certain industrial uses identified in Chapter 21.33 (Industrial Uses) are subject to conditional use permit review and approval. In addition to the standard considerations and findings required to approve a conditional use permit, the following additional considerations and findings shall be made:

A.

The proposed use, and the siting and arrangement of that use on the property, will not adversely affect surrounding uses nor pose adverse health risks to persons working and living in the surrounding area.

B.

Adequate permitting and site design safeguards will be provided to ensure compliance with the performance standards for industrial uses contained in Section 21.33.090 (Performance Standards) of this Title.

C.

Truck traffic and loading activities associated with the business will not adversely impact surrounding residential neighborhoods.

D.

Businesses involved with hazardous waste treatment, hazardous waste disposal, or hazardous waste transfer shall comply with the following location requirements:

1.

The use shall not be located within two thousand feet (2,000′) of any residential zone or use, any hotel or motel, any school or daycare facility, any hospital or convalescent home, any church or similar facility, or any public assembly use.

2.

The use shall not be located within one hundred feet (100′) of any known earthquake fault, or within a fault hazard or flood hazard zone identified by the State of California.

3.

The use shall not be located on any land subject to liquefaction, as identified in the Seismic Safety Element of the General Plan, unless appropriate soils remediation occurs as required by the City Engineer.

(Ord. C-7360 § 9, 1995: Ord. C-6533 § 1 (part), 1988)

Prior to the granting of a conditional use permit for uses in the park district, the following findings shall be made by the appropriate body:

A.

The use is consistent with the intent of the Park District, the General Plan, the local coastal program, and any applicable specific plan;

B.

The use does not permanently remove or impinge upon any significant public open space or impede public access thereto;

C.

For commercial recreation uses, the use provides a needed public recreation service which otherwise would not be available to the public; and

D.

For commercial recreation uses, the use cannot reasonably be located to provide comparable public recreation service on private land appropriately zoned for such use.

(Ord. C-7153 § 3, 1993: Ord. C-7032 § 43, 1992; Ord. C-6533 § 1 (part), 1988)

CHAPTER 21.53 - TEMPORARY USES

This Chapter establishes the specific regulations for temporary uses in all zoning districts. Uses listed in Chapters 21.31 through 21.36 of this Title as temporary uses (T) are permitted subject to these regulations.

(Ord. C-6533 § 1 (part), 1988)

All temporary uses shall be permitted upon written approval of the Zoning Administrator and shall be limited to not more than ten (10) consecutive calendar days unless permitted otherwise. The uses set forth in Sections 21.53.103 through 21.53.123 are subject to the additional limitations provided in those Sections.

(Ord. C-6533 § 1 (part), 1988)

A trailer used for construction offices or watchperson's quarters is permitted at a construction site, including public works projects, provided:

A.

The trailer is located on the same or adjacent premises as the construction project.

B.

The trailer is used only during the period of construction.

(Ord. C-6533 § 1 (part), 1988)

21.53.106 - Mobile food truck or Mobile food facility at specified public parks.

A mobile food truck or mobile food facility may be permitted as a temporary business within a public park, as follows:

A.

Outside the coastal zone, mobile food facilities may operate within designated parking spaces at select parks determined by the Director of Parks, Recreation, and Marine or his or her designee. The City shall publish and maintain the list of designated parks on a public facing website.

B.

Within the coastal zone, mobile food facilities may operate at specified public park areas as follows:

a.

Mobile food facility operators may vend in available parking spaces in the Shoreline Aquatic Park Surface Parking Lot on a first come first serve basis, if adhering to all parking, ordinance, and safety regulations and during times when the lot is not restricted for special events.

b.

Mobile food facility operators may vend in up to two (2) designated parking spots in the Granada Beach Surface Parking Lot on a first come first serve basis, if adhering to all parking, ordinance, and safety regulations and during times when the lot is not restricted for special events.

C.

Mobile food facilities operating within the above-designated parks shall be on a first-come first served basis during official park operating hours, but in no case later than 10:00 p.m., and only at times when the lot is not restricted to special events.

D.

Mobile food facilities shall only park in designated mobile food facility parking spaces.

E.

Mobile food facilities vendors are prohibited from vending in any other parking spaces within the parking lot, impeding access to abutting parking spaces, or from reserving designated mobile food facilities spaces by parking their vehicle(s) outside of operating hours.

F.

Temporary fixtures such as tables, chairs, umbrellas, canopies, and signage are not permitted at mobile food facilities operating within public parks.

G.

Mobile food trucks or mobile food facilities shall not vend within 500 feet of any concessionaire that has signed an agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.

H.

This Section shall not apply to mobile food facilities permitted through a Special Events Permit issued by the Office of the City Manager.

I.

A mobile food facility shall comply with the applicable Special Development Standards specified in Section 21.45.133.6.

(ORD-26-0012 § 7, 2026; Ord. C-7607 § 6, 1999: Ord. C-6533 § 1 (part), 1988)

21.53.109 - Special events (carnival, fiesta, other outdoor exhibition or celebration) in residential, institutional and park zone districts.

A.

A special event under this Section shall not last longer than ten (10) days.

B.

The event shall be sponsored by a church, school, educational institution or public or private nonprofit organization, and shall be conducted on the premises of such an organization or approved for use as a City park or other public property.

C.

Special events in residential and institutional zones shall be limited to not more than twice in any calendar year at any one (1) site.

(Ord. C-6895 § 25, 1991: Ord. C-6533 § 1 (part), 1988)

21.53.113 - Special events (carnivals, fairs, circuses, grand prix events, seasonal sales and the like) in commercial, industrial, public right-of-way and planned development zone districts.

A.

Except for seasonal sales, no special event under this Section shall last longer than ten (10) consecutive calendar days at one (1) site.

B.

Seasonal sales (the sale of items symbolic of religious, national or traditional holidays, including the seasonal sale of fruit) shall not last longer than sixty (60) consecutive calendar days at one (1) site.

C.

Parking shall be provided as required by Chapter 21.41 (Off-Street Parking and Loading Requirements).

D.

Parking lot sales shall be conducted on the same or adjacent premises as the principal use.

E.

Except for seasonal sales, special events shall be limited to not more than twice any calendar year at one (1) site unless designated for public park, convention center, arena, auditorium or stadium use.

F.

Seasonal sales events may apply to the Zoning Administrator for a maximum thirty (30) daytime extension.

(Ord. C-7326 § 29, 1995: Ord. C-6895 § 26, 1991: Ord. C-6533 § 1 (part), 1988)

A.

Purpose. The purpose of this Section is to allow community-serving temporary uses on vacant lots. Such uses are intended to provide a community benefit, encourage street activation, and reduce visual blight associated with vacant lots, as defined in Chapter 18.29, on a temporary basis and can include sporadic special events, such as cultural and community events, or temporary retail or services uses, such as bike

kitchens. Temporary activating uses are proposed by community based public or private organizations that improve and enhance the social or economic welfare and quality of life of the residents of Long Beach and provide a service to City residents including, but not limited to, faith-based organizations, local non-profit organizations or associations, Business Improvement Districts (BIDs), and organizations which have entered into a contract or agreement with the City to provide specific services or outreach, as determined by the Zoning Administrator.

B.

Use Regulations. Notwithstanding Sections 21.53.109 and 21.53.113, all temporary activating uses shall be permitted upon written approval of the Zoning Administrator and are subject to the following standards and findings:

1.

No temporary activating use shall be allowed which would not otherwise be allowed in the applicable zoning district or the General Plan designation, unless the Zoning Administrator determines that the use is compatible with existing surrounding uses.

a.

Temporary activating uses proposed in residential zones shall be allowed along Neighborhood Connector and more intense arterial streets, as defined in the Mobility Element.

2.

The applicant is a community-based public or private organization or association serving the residents of the City as described in this Section, as determined by the Zoning Administrator.

3.

A temporary activating use is subject to compliance with Americans with Disabilities Act (ADA) requirements per the Building Code.

Vacant lots used for temporary activating uses shall be maintained free of weeds, dry brush, dead vegetation, trash, garbage, junk, debris, building materials, vehicles, cars, boats, campers, any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state or local law), discarded personal items, including but not limited to, furniture, clothing, large and small appliances, graffiti, tagging or similar markings. The property owner or other responsible person must inspect the property at reasonable intervals or take other reasonable steps to ensure that there is no dead or dying vegetation, litter, weeds, graffiti, debris or materials accumulating on the property.

5.

Temporary activating uses that are sporadic special events shall be permitted for a period of up to six (6) months at the discretion of the Zoning Administrator. These types of uses are eligible for up two additional six-month renewal periods not to exceed a maximum of eighteen (18) months for the same use. Conditions may be modified by the Zoning Administrator during the renewal process, as necessary, to ensure compatibility with the surrounding area.

6.

Other temporary activating uses that do not fall under the category of sporadic special events shall be permitted for a period of up to one year at the discretion of the Zoning Administrator. These types of uses may be renewed for up to two (2) additional one-year periods not to exceed a maximum of three (3) years for the same use. Conditions may be modified by the Zoning Administrator during the renewal process, as necessary, to ensure compatibility with the surrounding area.

7.

Projects may be granted relief from development standards for temporary activating uses by the Zoning Administrator if positive findings can be made for the following:

a.

The use shall further the goals of the general plan, provide a community benefit, activate the street, and reduce visual blight associated with vacant lots;

b.

The use shall not cause substantial adverse impacts upon the surrounding area including public health, safety and general welfare;

c.

The use shall be compatible with the surrounding area.

8.

The fee for temporary activating use permits shall be the fee charged for Administrative Land Use Review (ALUR) permits. Each renewal application for a temporary activating use is subject to the same fee.

The Zoning Administrator shall have the authority to revoke or refuse to approve or renew a temporary activating use permit if the Zoning Administrator determines that there has been a violation of the terms or conditions of the approval or evidence of negative impacts on the surrounding area. The Zoning Administrator's action may be appealed to the Planning Commission.

(ORD-20-0018 § 24, 2020)

A trailer or trailers may be erected in the Port district as a temporary business office when authorized by the Board of Harbor Commissioners.

(Ord. C-6533 § 1 (part), 1988)

A trailer used as a sales or lease office or model home display unit is permitted, provided the trailer is used only during the period of construction and original sale or other disposition of the first eighty percent (80%) of the lots, parcels or units or leasable areas of all phases of a new subdivision or building project.

(Ord. C-6533 § 1 (part), 1988)

A trailer or trailers may be erected as a temporary business office provided:

A.

The trailer or trailers are used for a period not to exceed one (1) year; and

B.

The structures comply with all development standards of the applicable zone district; and

C.

The trailer or temporary building is not allowed until a building permit is issued for a permanent building on the site, or the building on the site was damaged by fire, explosion, earthquake, imminent public hazard, act of terrorism, sabotage, vandalism, warfare, or abatement of earthquake hazard.

(Ord. C-7032 § 44, 1992; Ord. C-6533 § 1 (part), 1988)

CHAPTER 21.54 - BILLBOARDS[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— ORD-14-0006 § 1, adopted June 17, 2014, amended Ch. 21.54 in its entirety to read as herein set out. Former Ch. 21.54, §§ 21.54.010—21.54.450, pertained to similar subject matter and derived

from: Ord. C-6533, § 1, 1988; and Ord. C-6534, §§ 1, 2, 1988; and ORD-12-0006, § 5, adopted Mar. 13, 2012.

Billboards are recognized as a legitimate form of commercial use in the City. However, the size, number, location and illumination of billboards can have significant influence on the City's visual environment, and can, without adequate control, create or contribute to blighted conditions. The purpose of this Chapter is to provide reasonable billboard control, recognizing that community appearance is an important factor in ensuring the general community welfare. Additionally, it is the purpose of this Chapter to eventually eliminate nonconforming billboards from the City, especially in residential zoning districts and other sensitive areas, through the creation of incentives for the development of conforming billboards linked to requirements for removal of nonconforming billboards in exchange.

(ORD-14-0006 § 1, 2014)

A.

The terms "billboard" and "off-premises sign" may be used interchangeably to mean the same thing. The term "billboard," when used generally, shall also include electronic billboards and any other form of offpremises advertising;

B.

"Mixed-use districts," when referenced in this Chapter, shall include Planned Development (PD) Districts, or sub-areas thereof, allowing residential and/or commercial uses;

C.

"Residential districts," when referenced in this Chapter, shall include those Planned Development (PD) Districts, or sub-areas thereof, allowing residential uses;

D.

"Adjacent," when used to refer to a billboard adjacent to a freeway, shall mean located within, either in whole or in part, an area formed by measuring six hundred sixty feet (660') laterally from the edge of the right-of-way of a landscaped freeway section along a line perpendicular to the centerline of the freeway (as defined in California Code of Regulations, Title 4, Chapter 1, Section 2242);

E.

"Freeway-oriented" shall mean any billboard that is adjacent to a freeway, as set forth in Subsection D above, and designed to be viewed primarily by persons traveling on the main-traveled way of the freeway.

(ORD-14-0006 § 1, 2014)

To the extent that there is any conflict between the provisions of this Chapter and the provisions of the Outdoor Advertising Act, California Business and Professions Code Sections 5200 et seq., the Outdoor Advertising Act shall prevail.

(ORD-14-0006 § 1, 2014)

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 Chapter provisions or clauses or applications, and to this end the provisions and clauses of this Chapter are declared to be severable.

(ORD-14-0006 § 1, 2014)